06 December 2006

Approximately 45,000 public bodies will be affected by new legislation introduced on 4 December that is set to transform the lives of one in five Britons.

The new Disability Equality Duty (the DED) will affect the way public authorities run and plan their services for the 10 million people who have rights under the Disability Discrimination Act. The DED is similar to the race equality duty introduced by the Race Relations (Amendment) Act.

The Disability Rights Commission (DRC) had been urging the government to introduce the new duty since 2000.

The DRC’s Chairman Bert Massie said: “The Disability Equality Duty will have a major impact on the lives of disabled people and will radically shift the way public authorities deliver their services.

“Public bodies – from the local library to the NHS – will have to consider what disabled people need when planning their services. This is a step-change away from individual disabled people having to complain about discrimination after an incident has taken place.”

The new duty has been introduced to tackle the endemic discrimination faced by disabled people and those with long-term health conditions. For example, disabled people are less likely to receive a full education, less likely to get a job, more likely to be discriminated against in the health service and to be a victim of crime than non-disabled people.

DRC Chairman Bert Massie continued: “The DED will help public bodies become more efficient and save money because it involves providing services that disabled people need. Those who fail to meet their new legal duties risk facing us in court.

“Ensuring that disabled people’s needs are thought of at the beginning of policy and service development will help enhance the service that many disabled people receive. Next February, the DRC is unveiling a new agenda aimed at breaking the cycle of persistent exclusion and discrimination that still blights many disabled people’s lives.”

Publicly funded organisations with specific duties under the DED need to publish a Disability Equality Scheme that shows how they intend to fulfil the new duty. The scheme needs to show how a public body intends to eliminate unlawful discrimination and promote equality of opportunity. The DRC will be scrutinising these schemes from 5 December 2006.

The DRC has produced guidance for the public sector on how they can meet their new responsibilities, including practical tips, case studies and advice on the development of disability equality schemes. Guidance can be downloaded from the DRC website at www.dotheduty.org