Disability Equality
Duty
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| Disability Equality Duty |
The Disability Equality Duty (DED), in force
since December 2006, places a duty on all public sector bodies to promote
disability equality. While not conferring any additional rights, the DED
instead demands systemic changes in the way organisations work. It aims to
tackle institutional disability-related discrimination and complements the
individual rights focus of the DDA. This should result in improvements for
disabled students, staff and service users. The DED requires education
institutions to promote and embed disability equality proactively across the
whole institution – in policies, procedures, plans and practices. This will
help dismantle barriers before they impact the individual. This approach
strongly supports the social model of disability discussed in the Introduction.
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| Disability Equality Duty |
The main outcome of promoting disability
equality should be that disabled people have full opportunities and choices to
improve the quality of their lives. They should be respected and included as
equal members of society. Equality of opportunity can be promoted for disabled
staff, students and others by working with disabled people strategically to
close gaps between disabled and non-disabled people.
The general duties
The general duty means that institutions, when
carrying out their functions, must have due regard for the need to:
·
promote
equality of opportunity between disabled people and other people
·
eliminate
unlawful discrimination under the DDA
·
eliminate
disability-related harassment
·
promote
positive attitudes towards disabled people
·
encourage
participation by disabled people in public life
·
take steps
to take account of disabled people’s disabilities, even when that involves
treating disabled people more favourably than others.
Each element of the general duty requires due
regard in its own right, but the elements also work together to achieve the
overarching goal to promote disability equality.
Further and higher education institutions and
the Disability Equality Duty (DRC, 2006) provides
guidance on how organisations can meet the different elements of the general
duty.
The specific duties
Colleges, universities and adult community
learning providers (organisations listed in the DED regulations) also have
specific duties which help organisations to meet the general duty. These
include developing and implementing a Disability Equality Scheme (DES) which
includes an action plan. All colleges, universities and local authorities must
produce and publish a Disability Equality Scheme.
In drawing up a Disability Equality Scheme
organisations are required to:
·
involve
disabled people. More information on the involvement of disabled people is
provided at the end of Section 2.2
·
set out
their arrangements for gathering and using information
·
set out
their method for carrying out impact assessments
·
produce an
action plan
·
report
annually on progress made
·
review and
revise the Scheme every three years.
Listed organisations include:
·
further
education colleges
·
sixth-form
colleges
·
specialist
colleges
·
adult
community learning (ACL) providers
higher education institutions.
The DfES, Scottish Ministers and Welsh Assembly,
as well as funding, audit and inspection bodies are also covered by the duty,
including:
·
the
Learning and Skills Council
·
the Higher
Education Funding Council for England
·
the Higher
Education Funding Council for Wales
·
the
Scottish Further and Higher Funding Council
·
Estyn
·
OFSTED.
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| Disability Equality Duty |
Funding, audit and inspection bodies, as well as
developing their own Disability Equality Schemes to embed disability equality
into their work, will also need to ensure that organisations they fund or
inspect are meeting their duty to promote disability equality. For example, the
inspectorates will need to ensure that the duty is built into their inspection
regimes so that how well an education institution meets the DED becomes part of
the inspection process.
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