Overview
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Equality Duties (2006)

Disability Equality Duty

The Duty was introduced into the Disability Discrimination Act 1995 (DDA) in 2005 and sets out:

• a general duty to promote disability equality, which applies to all public authorities; and

• a specific duty, which applies to particular public authorities, including local authorities and publicly-funded. The specific duty includes a requirement to prepare and publish a disability equality scheme showing how a public authority is meeting its general duty. 

The Duty requires schools to take a more proactive approach to promoting disability equality and eliminating discrimination. It does not bring new rights. Guidance emphasises that where schools are already actively meeting their duties they have made a good start to implementing this more comprehensive, pro-active and explicit approach. The duty involves disabled pupils, staff, parents and other users of the school (a wider group than accessibility planning requirements).

Schools have to be able to demonstrate what they have done and what they plan to do to improve opportunities and outcomes for disabled pupils, staff, parents and other users of the school. 

Schools have to involve disabled pupils, staff, parents and others in the development of their scheme.  Disabled people need to be involved from the very start & their involvement needs to inform the preparation, development, publication, review and reporting of the scheme. 

Schools will find that they have made a good start on meeting the Duty where they already:

• adopt a proactive approach, anticipating  reasonable adjustments and improved access  for all aspects of school life
• embed the planning and reasonable adjustments requirements into existing school improvement processes ( whole school planning, implementation and evaluation)

• draw on detailed information, for example by using data on the presence, participation and attainment of disabled pupils to inform the priorities in the school accessibility plan;

• involve disabled pupils, for example by asking them to identify issues to be addressed in the school accessibility plan;

• collect information about disabled staff and parents

Links

1. Promoting disability equality in schools

This guidance explains: the new duty; how an Accessibility plan can be developed so that it incorporates the requirements of an equality scheme; how to develop the scheme through a staged approach.

• www.teachernet.gov.uk

Schools that ordered Implementing the Disability Discrimination Act in schools and early years settings – a training resource for schools and local education authorities will be sent a copy of this guidance automatically, and it will be included in future copies sent out

2. The DRC gives a range of guidance on meeting the equality duty:

• www.drc.org.uk

A good starting point is Schools and the Disability Equality Duty in England and Wales: Guidance for Governors, headteachers, teaching and support staff working in schools in England and Wales

This explains what the duty to promote disability equality means, with some practical examples. It also gives advice on producing a Disability Equality Scheme and how it differs from an Access plan

• www.drc.org.uk