The DDA – Overview of legal duties

The DDA – Overview of legal duties

The DDA – Overview of legal duties

This section provides a brief overview of the requirements of Disability Discrimination Act (DDA) legislation for education institutions. The intention of the legislation is to:

·        prohibit discrimination and harassment against disabled people

·        ensure that ‘reasonable adjustments’ are put in place for disabled people

·        ensure full and equal participation in learning and public life.

The section goes on to refer to the educational context and legislation and resources available to institutions.

1 Disability Discrimination Act

The DDA is divided into different parts, covering the duties that organisations have towards disabled people. Not only Part 4 (education) but also Part 1 (definition), Part 2 (employment), Part 3 (goods and services) and Part 5A (disability equality duty) are relevant to colleges, universities and adult community learning providers, as together they cover the various functions of educational institutions.

The DDA (1995) originally applied only to education institutions as employers and service organisations. The Special Educational Needs and Disability Act (SENDA) (2001) amended the DDA Part 4 to place specific duties on all educational institutions (pre- and post-16) in the provision of

education. As a result of the European Union Employment Directive on Equal Treatment, the DDA Part 2 was amended from October 2004 to strengthen the rights of disabled people in employment and vocational training, including work placements, and Part 4 was amended from September 2006 to strengthen their rights in education.

The DDA (2005) made further amendments by:

·        widening the definition of who may be a disabled person

·        bringing general qualifications bodies under the Act

·        introducing a duty to promote disability equality on the public sector; the Disability Equality Duty (DED).

The sections below examine the rights and duties enshrined in the different parts of the DDA and the way in which the legislation has changed with recent amendments. 

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