Disability Discrimination Act

1. Disability Discrimination Act Duties on Schools

2. Disability Discrimination Act 1995 • duty not to discriminate against disabled people in relation to employment and the provision of goods and services to the general public • came into effect in 1996

3. SEN & Disability Act 2001 (SENDA) • must not treat disabled pupils less favourably for a reason related to their disability • must make “reasonable adjustments” to ensure that disabled pupils are not put at a substantial disadvantage • must plan to increase, over time, access to the curriculum, information and the physical environment (School Access Plans)

4. Disability Discrimination Act 2005 • the DDA 2005 added a new duty on all public bodies including schools to promote disability equality • this includes a requirement to publish a Disability Equality Scheme

5. Definition of Disability • The DDA 1995 defines a disabled person as someone who has “a physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities”

6. Definition of Disability • “physical impairment” includes sensory impairment • “mental impairment” includes learning difficulties and mental illness • “substantial” means “not minor or trivial” • “long term” means having lasted or likely to last 12 months or more

7. Normal day to day activities • mobility • manual dexterity • physical coordination • continence • ability to lift, carry or move objects • speech, hearing or eyesight • memory or ability to concentrate, learn or understand • perception of risk or physical danger

8. Definition of disability includes: • some medical conditions if they have a substantial adverse effect….etc • progressive conditions such as cancer, MS & HIV from diagnosis • severe disfigurements even where these do not affect day to day activities • must ignore the effects of medication, treatment or aids