Disability Discrimination Act: Implications for Practice Placements

Speaker 1 - Ann Simpson

The presentation related primarily to the new Special Educational Needs and Disability Rights in Higher Education Bill which has since received Royal Assent. The Act amended the Disability Discrimination Act 1995 to ensure that students in post-16 education were covered.

The subsequent OHPs spell out the obligations expected under the new Act looking at; the use of the term 'responsible body'; who that includes; what their duties are; how discrimination is defined; what are reasonable steps that such bodies can be expected to take to avoid discrimination; redress; and timetable for implementation.

Overheads

WHO WILL BE PROTECTED BY THE ACT?

'Disabled student' means a student who is a disabled person.

A person is disabled (1995 Disability Discrimination Act) if he/she has a physical or mental impairment that has an effect that is:

• substantial
• adverse
• long-term

on his or her ability to carry out 'normal' day to day activities

'DUTIES OF RESPONSIBLE BODIES'

It will be unlawful to discriminate

• in admissions, admissions arrangements or terms of admission
• in provision of services (education being regarded as one such service)
• by excluding from the institution, temporarily or permanently

WHAT IS A 'RESPONSIBLE BODY'?

• All publicly funded further and higher education institutions
• Schools with post-16 provision
• Local authorities when these organisations provide further, adult or continuing education or training

A RESPONSIBLE BODY DISCRIMINATES AGAINST A DISABLED PERSON IF

• For a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply
• And it cannot show that the treatment in question is justified

INSTITUTIONS MUST TAKE REASONABLE STEPS TO ENSURE THAT DISABLED STUDENTS ARE NOT PLACED AT A 'SUBSTANTIAL DISADVANTAGE'

Reasonable adjustments to prevent such disadvantage could be to:

• Premises
• Course content, including work placements
• Teaching arrangements
• Additional teaching
• Communication support services
• Materials and information in alternative formats
• Staff training
• Policies

CRITERIA FOR CONSIDERING WHAT IS 'REASONABLE'

• Academic standards
• Financial resources
• Grants and loans
• Cost
• Practicality
• Other aids and services available
• Health and safety
• 'Interests' of other students

ISSUES AFFECTING 'REASONABLE ADJUSTMENTS'

• anticipatory - to disabled people generally, and not only particular disabled students
• confidentiality - in determining 'reasonable adjustments' thought has to be given to consistency with any confidentiality requests from students
• disclosure - institutions do not treat less favourably if they could not reasonably have known a person was disabled, and their failure was due to that lack of knowledge

REDRESS

• The Disability Rights Commission will set up a conciliation service
• Where conciliation fails, students may take cases to the Sheriff court in Scotland
• Courts will be able to determine rights of cases, and to award compensation

TIMETABLE

Since the workshop the bill has received Royal Assent.

There are three stages for implementation:

• the main sections of the Act are to be implemented from 1st September 2002;
• from 1st September 2003 responsible bodies are also required to make adjustments that involve the provision of auxilary aids and services;
• from 1st Sepetember 2005 responsible bodies are required to make adjustments to physical features of premises where these put disabled students or people at a substantial disadvantage.

Precept 10: The delivery of programmes should take into account the needs of disabled people or, where appropriate, be adapted to accommodate their individual requirements.

Institutions should consider making arrangements which ensure that all academic and technical staff:

• plan and employ teaching and learning strategies which make the delivery of the programme as inclusive as is reasonably possible;
• know and understand the learning implications of the students whom they teach, and are responsive to student feedback;
• make individual adaptions to delivery that are appropriate for particular students.