Disability equality duty
What is the disability equality duty?
The disability equality duty was introduced into legislation in the Disability Discrimination Act (amended 2005). It means that public bodies must have ‘due regard’ to the need to:
- promote equality of opportunity between disabled persons and other persons
- eliminate discrimination that is unlawful under the Act
- eliminate harassment of disabled persons that is related to their disabilities
- promote positive attitudes towards disabled persons
- encourage participation by disabled persons in public life; and
- take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons (e.g. the provision of an accessible parking bay near a building, where parking is not available for other visitors or employees.)
You can view the disability equality duty code of practice here.
What are the specific duties for England?
The specific duties require all listed public bodies to publish a disability equality scheme, demonstrating how they intend to fulfil their general and specific duties. Public bodies should involve disabled people in the development of the scheme, implement the action plan set out in the scheme, and review and revise the scheme every three years.
The scheme should include:
- Information about how disabled people have been involved in its development
- The authority’s methods for undertaking impact assessments
- An action plan setting out the steps it will take to meet the general duty
- Arrangements for gathering information on the effect of the authority’s policies and practices on disabled people
- Arrangements for using this information, including reviewing the effectiveness of the action plan and preparing subsequent disability equality schemes
Public bodies should report annually on: the steps taken in the action plan, the results of their information gathering and how this information has been used.
Secretary of State duty
The final specific duty requires listed Government departments to publish a report signed by the relevant Secretary of State. This should set out an overview of progress on disability equality as well as proposals for co-ordinated action between authorities in the sector to progress disability equality. Read more about the Secretary of State duty and reports here.
What are the specific duties for Wales?
The specific duties for Wales are the same as the duties set out above for England. However, the Secretary of State duty for England applies to Welsh Ministers.
What are the specific duties for Scotland?
The specific duties for Scotland are the same as the duties set out above for England. However, the Secretary of State duty for England applies to Ministers in Scotland.