DDA Briefing

The NUS SWD Campaign is committed to campaigning and fighting for equal human and civil rights for all students with disabilities. The Disability Discrimination Act (DDA) was passed in 1995 to end the discrimination that many disabled people face. It protects disabled people in:

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

For education providers, new duties came into effect in September 2002 under Part IV of the DDA amended by the Special Educational Needs and Disability Act (SENDA). These require schools, colleges, universities, and providers of adult education and youth services to ensure that they do not discriminate against disabled people.

Under Part IV of the DDA amended by the SENDA, the duty to provide auxiliary aids, through reasonable adjustment, came into force in September 2003.

The DDA also allows the Government to set minimum standards to help disabled people to use public transport easily.

For the full Act please visit: http://www.leqislation.hmso.gov.uk/acts/acts1995/1995050.htm Please note that the Act has been amended, not only by SENDA (see below for a link to this) but also by the Disability Discrimination Act 1995 (Amendment) Regulations 2003, which made extensive changes to the employment and occupation provisions. For these regulations, please visit: http://www.legislation.hmso.gov.uk/si/si2003/20031673.htm

For the SENDA please visit: http://www.hmso.gov.uk/acts/acts2001/20010010.htm

New laws from December 2006 will place a duty on public bodies to promote disability equality. This will affect all public bodies - from local councils to government departments, from universities to hospitals.

The Disability Equality Duty will require the public sector to actively promote disability equality, and is similar to the duty to promote race equality under the Race Relations (Amendment) Act. This is a positive duty which builds in disability equality at the beginning of the process, rather than makes adjustments at the end. It will bring about a shift from a legal framework which relies on individual disabled people complaining about discrimination to one in which the public sector becomes a proactive agent of change.

Disability Discrimination Act Definition of a disabled person This can include people with:-

• Sensory impairments
• Learning disabilities
• Mental health impairments where clinically recognised
• Severe disfigurements
• Cancer
• Severe facial disfigurements
• HIV
• Progressive conditions even at an early stage
• Conditions which are characterised by a number of cumulative effects such as pain or fatigue.
• A past history of impairment even if they have recovered.

The different parts of the Disability Discrimination Act
Part 1 – Defines who is protected under the term disabled person
Part 2 – Applies to employment
Part 3 – Applies to goods and services
Part 4 – Applies to education
Part 5 – Is positive duty and was passed in April 2005
Part 2, 3 & 5 applies to Students' Unions and you need to be aware that Students' Unions can be held accountable in their own right as employers and service providers.

Disability Discrimination Act – who is protected? A person needs to be:-

• Disabled under the terms of the Disability Discrimination Act
• A student or someone enquiring about admission or enrolment.

According to the act you are a disabled person if you have 'a physical or mental impairment which has substantial and long-term adverse effect on your ability to carry out normal day to day activities.

What is Discrimination? The DDA describes discrimination as "treating a disabled person less favourably than you would treat someone without a disability, for a reason relating to his or her disability" or "failing to make a reasonable adjustment"

A responsible body must take reasonable steps to ensure that disabled people or students are not placed at a 'substantial disadvantage' in comparison to someone who is not disabled.

How can Students' Unions respond & prepare for the DDA?

• Remember if a building, a service or a product is inaccessible do something about it.
• Involve disabled people in leading the campaign.
• Employment policies & practises, including recruitment, promotion, training policies need to be audited & reviewed. This applies to executive positions too.
• Election materials should be made available in alternative formats. Change your election procedures to ensure the inclusion of disabled students so they can vote or stand as candidates.
• Ensure that you offer designated disabled parking.
• Ensure that your unions' standard information is available in formats other than standard print.
• Gather the opinions of disabled students about issues that affect them by advertising on notice boards, your web site or in magazines.
• One way for your Union to meet the requirements of students with disabilities is to create a SWD post or group. If you have more than one sabbatical officer it is also a good idea to ensure that all officers see the elimination of disability discrimination valuable in their work.

Why should Students' Unions care and whose responsibility is it? It is important to remember that organisations cannot wait until a student with disabilities wants to use their service, it is an anticipatory duty. You know that disabled people attend college/university and want to use your services so you should be planning now to make them accessible and not wait for a disabled person to complain.

The DDA (2005) extends the scope of the 1995 DDA:

• Makes it easier for mental health service# users, people with cancer, HIV and multiple sclerosis to claim their rights under the DDA.
• Creates new rights to use public transport and set an end date for all rail vehicles to be accessible.
• Tackles institutional discrimination through a duty to promote disability equality for the public sector (paralleling the race equality duty.)
• Extends the DDA to cover most functions of public authorities (there is presently a lack of clarity, for example, relating to disabled prisoners, elections, planning and access to pavements and highways.)
• Gives disabled tenants and leaseholders a right to reasonable adjustments and auxiliary aids and services.
• Gives disabled people (including guests) new rights in respect of private clubs with over 25 members
• Protects disabled councillors against discrimination for the first time.
• Covers bodies that award general qualifications (like GCSEs and A Levels.)

Students with Disabilities are individuals with hobbies, family, friends, likes, dislikes, problems and joys. While the disability is an integral part of who they are, it alone does not define them. Do not make them into disability heroes or victims. Treat them as individuals. They are the best judge of what they can or can not do. Don't make decisions for them about participating in any activity.

If you would like to get involved in the NUS SWD Campaign just join the email group by sending an email to swdcampaign@yahoogroups.com

Alternatively go to www.nusonline.co.uk or www.officeronline.co.uk. Or get in contact with Sian Davies the NUS SWD Officer by emailing sian.davies@nus.org.uk or telephoning 07967479227.                         Back to top