Disability Discrimination Act

Duties on Schools

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

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)

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

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”

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

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

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