Disability equality

Valuing people now: A new three-year strategy for people with learning disabilities

Written from a human-rights based approach, this document sets out the cross-governmental strategy for improving life chances for people with learning disabilities. Its scope includes health, housing, education, community safety, access to justice as well as leisure services and social activities.

In relation to health care, evidence suggests that most people with learning disabilities have poorer health than the rest of the population and are more likely to die at a younger age. Their access to the NHS is often considered to be poor and characterised by problems that undermine personalisation, dignity and safety.

Please visit the Department of Health website to download the complete document. 

Time to change

Time to change is a partnership of organisations that has come together to combat the stigma and discrimination that exists around mental health. In a nationwide campaign to end this stigma, there is a programme of 35 projects designed to change behaviour in the following ways:

  • To create a 5% positive shift in public attitudes towards mental health problems.
  • To achieve a 5% reduction in discrimination by 2012.
  • To increase the ability of 100,000 people with mental health problems to address discrimination.
  • To engage over 250,000 people in physical activity.
  • To produce a powerful evidence base of what works.

Further information is available from the Time to change campaign website.

The RCN's disability equality scheme

The RCN has produced a document outlining how the organisation will meet the requirement to promote disability equality within the scope of the RCN's mainstream work. It places a high emphasis on consultation and achieving outcomes.

Most notably, this scheme aims to encourage the adoption of the social model of disability throughout the health and social care sector. Read: Disability Equality Scheme (PDF 151.5KB) [How to access PDF files].

The Disability Discrimination Act 1995 (amended 2005)

You have the right to be free from discrimination because of disability.

The Disability Discrimination Act (DDA) was passed in 1995 to introduce new measures aimed at ending the discrimination which many disabled people face. It protects disabled people in the areas of:

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

Some of these measures became law for employers in December 1996 and others will be introduced over time.

For service providers, for example, businesses and organisations, the following measures apply:

  • 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 may have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

For the purposes of the Disability Discrimination Act, disability is defined as a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities.

Reasonable Adjustment is a legal term introduced under the Disability Discrimination Act. An employer has a duty to make reasonable adjustments where arrangements or physical premises place the disabled person at a significant disadvantage in comparison with those who are not disabled.

Examples of reasonable adjustment include changing working arrangements, making adjustments to premises or modifying equipment.

The Disability Discrimination Act was recently updated; the main changes are outlined below:back to top | Back to top

An extension of the definition on disability in the following areas:

  • Previously it had to be shown that the impairment made a “substantial long-term and adverse impact”. It also meant the condition had to be “clinically well-recognised”. The clinical recognition requirement has been removed.
  • Depression was included within the scope of the revised definition, although it had to last for 12 months at least to be recognised as a long-term illness. Under the new provisions, a person will qualify as disabled after experiencing unrelated depressive episodes totalling around six months.

The new provisions draw in those people suffering from cancer, HIV Infection or Multiple Sclerosis. This means that these people will draw protection from the Act at the point of diagnosis, which removes the need to show that these progressive conditions have had an impact on their normal daily activities.

It is anticipated that this clause will exclude ‘minor’ cancers, which receive treatment easily or will not require ‘substantial treatment’.

Disability equality duty:back to top | Back to top

From December 2006, public authorities will have a responsibility to promote disability equality in both their day-to-day and strategic work.

The Disability Rights Commission report "Formal Investigation into Health Inequalities Equal Treatment: Closing the Gap" found that disabled people often experienced poor health outcomes when using health services. Disabled people die sooner than non disabled people and become ill more often, yet continue to face barriers in getting access to appropriate health care.

The statutory Disability Equality Duty (DED) has been introduced to ensure that the public sector addresses such imbalances and looks at ways of ensuring that disabled people are treated equally. This includes public authorities working in the health sector.

The Disability Equality Duty (DED) will mean that all public authorities have to pay close attention to the need to promote disability equality. Promoting disability equality involves promoting equality of opportunity for disabled people, eliminating unlawful discrimination and harassment, promoting positive attitudes towards disabled people and encouraging participation of disabled people in public life.

It also includes a series of specific duties which are listed below. Trusts and Strategic Health Authorities must:

  • Publish a Disability Equality Scheme (including within it an action plan) and involve disabled people in producing the scheme and action plan.
  • Demonstrate they have taken actions in the scheme and achieved appropriate outcomes.
  • Report on progress
  • Review and revise the scheme.

The most important part of the scheme is the process used to involve people with a disability in its creation. Specific guidance has been created by the health sector in England and Wales.

Read Specific guidance for the health sector on the Disability Rights Commission website.