The Disability Equality Duty is a part of the Disability Discrimination Act 2005 (DDA) which required all statutory bodies to publish a Disability Equality Scheme by December 2006. All service users should obtain a copy of these very important documents (downloadable from county council, PCT websites etc – see local list below). Those statutory organisations failing to observe the DED were held legally to account by the Disabilty Rights Commission. However, their successor the Equality and Human Rights Commission have been failing in this respect.

Private/independent/voluntary bodies in breach should be reported to their commissioning body (i.e. the statutory organisation they are under contract to). as they are obliged to observe the DDA via their contracts.

Remember, crucially, the Disability Discrimination Acts (1995 aand 2005) now apply to the majority of people with mental health problems too.

The Disability Equality Duty was set by Section 49A of the Disability Discrimination Act 2005.

The Duty to Promote Disability Equality Statutory Code of Practice published by the Disability Rights Commission (now the Equality and Human Rights Commission which retains the DRC Code) sets out the Section 49A Disability Equality Duty as:

1.1 The Disability Discrimination Act 1995 has been amended by the Disability Discrimination Act 2005 so that it now places a duty on all public authorities, when carrying out their functions, to 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 personsl disabilities, even where that involves treating disabled persons more favourably than other persons.

  The other essential Disability Rights Commission publication which is still extant is the invaluable Doing the duty, a guide for how public authorities should implement their statutory obligations.

In the DDA 2005, the Disability Rights Commission had powers requiring defaulting authorities to comply with the Act. It is not clear whether the Equality and Human Rights Commission took over those powers on succeeding the DRC. They have certainly shown some tardiness in dealing with matters to do with disability discrimination. However:

ANY PUBLIC AUTHORITY FAILING TO OBSERVE THE DISABILITY EQUALITY DUTY SHOULD BE REPORTED TO THE EQUALITY AND HUMAN RIGHTS COMMISSION as a first option.

Here is a list of where to find local public authorities’ Disability Equality Schemes:

• Norfolk County Council

• Norfolk PCT (now known as NHS Norfolk)

• The James Paget University Hospital

• The Norfolk and Waveney Mental Health NHS Foundation Trust

• The Norfolk and Norwich University Hospital

• Norfolk Constabulary/Police Authority

Note that Norfolk County Council, Norfolk Police and the Mental Health Trust have adopted “Single Equality Schemes“ covering disability, race and gender. In my opinion, although they obviously meet the statutory requirements, these are unsatisfactory as much that applies to disability is not relevant to race or gender equality and vice–versa.

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