Legal Duties
Who is the Act designed to help?
Types of discrinination
Equality and Human Rights Commission
Disability Equality Duty
HSC Disability Equality Strategy Group
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Introduction
There are a number of different models or ways of thinking about about disability and how individuals with impairments are treated within society. A model is just a certain way of seeing things and is a framework which forms the basis of a set of beliefs or ideas. UWE supports the Social Model of disability which believes that it is the attitude of society at large that most disables an individual rather than their impairment. Therefore it is not an individual’s impairment that disables them but because of their impairment they are excluded from everyday activities due to attitudinal, organisational and environmental structures that restrict an individuals participation in mainstream activities. For instance, if a student in a wheelchair cannot access a building to attend lectures, it is not their problem for being a wheelchair user, the problem is that the building only has stairs and no ramp. Once these barriers are overcome, then most activities and venues become accessible to all and social inclusion has been achieved. Unlike some other models, The Social Model does not try to ‘cure’ individuals of their disability, rather it aims to enable to remove barriers that affect the way that the individual can participate fully in society.
Legal Duties
Every educational institution has responsibilities under the post-16 sections of the Special Educational Needs and Disability Act 2001 (SENDA) which became Part 4 of the Disability Discrimination Act (DDA) and the 2006 Amendment, all of which applied specifically to Higher Education Institutions (HEI). All students, regardless of any impairment should receive full access to education and other related provision, and each institution should ensure that the same opportunities are available to disabled as non-disabled people. This applies equally to part time, full time, short and evening course, research and international students.
If a student has a disability that falls under the remit of the Act, then they automatically have rights under the Act. If a student feels that they have been disadvantaged in anyway because of their disability then they are strongly advised to speak to someone about it. They are recommended to start with the Faculty Student Advisors who are the first point of contact for any student with a disability. If this however is not acceptable, then the student should seek independent advice from the Students' Union Advice Centre who will be able to assist them.
Who is the Act designed to help?
The Act is designed to give protection from discrimination to a ‘disabled’ person who is someone who has a physical or mental impairment which has an effect on his or her ability to carry out normal day-to-day activities. Within the meaning of the Act, that effect must be:
• Substantial (i.e more than minor or trivial)
• Adverse
• Long term (i.e it has lasted or is likely to last at least a year or for the rest of the person’s life)
Normal day-to-day activities
Under the Act, normal day-to-day activities are ones carried out by most people on a fairly regular and frequent basis. If someone is to be classed as disabled, their impairment must come under one of the following:
• Mobility
• Manual dexterity
• Physical co-ordination
• Continence
• Ability to lift, carry or otherwise move everyday objects
• Speech, hearing or eyesight
• Memory or ability to concentrate, learn or understand
• Perception of the risk of physical danger
Types of discrinination as described in the Act
Under the Act, there are 4 forms of discrimination which are unlawful for education providers:
• Direct discrimination – the disabled person is treated less favourably on the grounds of their disability
• Failure to comply with a duty to make reasonable adjustments – the institution must take positive steps to ensure that disabled people can access education and related services
• Disability-related discrimination – the disabled person is treated less favourably for a reason related to their disability
• Victimisation and harassment – people (disabled or not) are victimised by the institution and it protects them from reprisal
Equality and Human Rights Commission
If you are a disabled student or prospective student and think you have been discriminated against, you may be able to challenge this under the Disability Discrimination Act 1995 (DDA). The Equality and Human Right Commision (formerly and Disability Rights Commision) have produced a very informative guide for disabled students and learners in both a Word version and as a PDF to help you understand the process.
Disability Equality Duty
In addition, in December 2006, the Disability Equality Duty (DED) came into force which places specific responsibilities on public bodies including HE providers. There is a legal requirement on all public bodies to actively look at ways of ensuring that disabled people are treated equally.
The production of a Disability Equality Scheme is one of the main focuses of this new duty which required the creation an evolving action plan. The scheme must have involved disabled people in its production and be reviewed regularly to ensure it is still current. Assistant vice-Chancellor will be responsible for overseeing implementation of UWE's Disability Equality Scheme.
HSC Disability Equality Strategy Group
HSC has a Disability Equality Strategy Group which is comprised of both staff and students. Its aim is to consider all aspects of disability and it produced the first HSC Disability Equality Strategy document which has manay implications for staff and students.
Student representatives wanted!! The group is very keen to involve students in these meetings to help access the impact the action plan implimentation and help inform the Faculty as to whether the aims are being achieved. If you are interested in becoming involved, please contact a Faculty Student Advisor for further information.
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