Disability Discrimination Act

The Disability Discrimination Act (DDA) (external link) was passed in 1995 to protect disabled people from discrimination in

• employment
• access to goods, facilities and services
• the management, buying or renting of land or property
• education.

Some of it became law for employers in December 1996. Other elements were introduced over time.

For businesses and organisations

• since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability
• since October 1999 they have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services
• since October 2004 they have had to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

The Act has been amended, by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (external link) which made extensive changes to the employment and occupation provisions.

From 1 October 2004 new duties under the DDA will affect all employers with fewer than 15 employees and anyone who provides a service to the public. Overview: Changes to the Disability Discrimination Act - it's time to get your business ready.(external link)

The Disability Rights Commission Act 1999 (external link) led to the establishment of the Disability Rights Commission (external link) in April 2000 to

• work to eliminate discrimination against disabled people
• promote equal opportunities for disabled people
• encourage good practice in the treatment of disabled people
• advise the Government on the working of disability legislation - the Disability Discrimination Act (DDA) 1995 and the Disability Rights Commission Act 1999.

The Disability Discrimination Act and prisons

The Prison Service (PS) has accepted liabilities under the Disability Discrimination Act (DDA) and has drawn up a guide setting out what is now expected of prisons.

The PS Disability Strategy (external link) sets out the obligations under the Act

Current Obligations

Staff

Part II of the DDA covers employment issues. This makes it unlawful to discriminate against a disabled person in terms of recruitment and selection; conditions of service; employment opportunities; and/or dismissal. It places a duty on employers to make reasonable adjustments to prevent circumstances where a disabled person may be disadvantaged. This can include adjustments to physical access, workstations and working patterns.

Prisoners & Visitors

Part III of the DDA – the provision of goods, facilities and services, gave service providers, such as the Prison Service, a duty to examine and amend all policies, practices and procedures that may be discriminatory on the grounds of disability. It also requires us to make reasonable adjustments to the service provided (this could mean supplying auxiliary aids, human assistance or by providing it by another means.). We have developed and issued policies that reflect the requirements of the Act. These policies encourage establishments to ensure that disabled prisoners have equality of opportunity to access a range of facilities such as work, education and programmes and also respond sensitively to the particular needs of individual prisoners.

Prison service order: Prisoners with physical, mental and sensory disabilities

Part III of the Act applies to any person or any organisation or entity which is concerned with the provision in the United Kingdom of services (including goods and facilities) to the public or a section of the public. Similarly, the Act applies to disabled people who use, or seek to use, the services so provided, whether as customers, buyers, shoppers, consumers, clients, patrons or service users

Government sites
Disability: (external link) Managed by the Disability Unit of the Department of Work and Pensions: guide to rights.
Directgov: (external link) Disability information in areas such as employment, health and education. There's also advice for disabled people on independent living, leisure, financial support and rights

Next: Draft Mental Health Bill 2004