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Education
- These sections
of the DDA came into force in September 1996. However they do not at present
give you any enforceable rights as an individual. If an education building
is being used for non-educational purposes, then the Goods and services
provisions of the Act still apply.
Schools - The Act places a duty on schools
in England and Wales to include in their annual reports; details of their
arrangements for admitting disabled pupils, how they will ensure that
those pupils receive the same treatment as other pupils and what facilities
they will provide to enable disabled pupils to access the education being
offered.
The DDA does not apply to schools
in Scotland or Northern Ireland. The relevant legislation in Scotland
is the Education (Scotland) Act 1980 and in Northern Ireland it is Article
8(3) of the Education (Northern Ireland) Order 1996
Further Education - the DDA places a duty on Further
Education Funding Councils in England and Wales to ensure that further
education colleges publish disability statements with information about
their facilities for disabled students. The Act also requires the Funding
Councils to report back to government on their progress. Statutes are
already in force covering development plans in further education colleges
in Scotland. Further education colleges in Northern Ireland are not currently
covered but may be in the future.
Higher education - The DDA places a duty on Higher Education
Funding Councils in England, Wales and Scotland to take account of the
needs of disabled students and require institutions which they fund to
provide disability statements. The DDA does not apply to higher education
institutions in Northern Ireland.
Transport - the Public Transport Vehicles section of the Act covers taxis,
buses, coaches, trains and trams. Transport termini (airports, bus and
rail stations, etc) are covered under the Goods and Services section of
the Act (see access to goods and services). The Act gives the government
the power to require all new public transport vehicles and newly licensed
taxis to be accessible to disabled people. However, the Act gives the
government a fairly wide power to grant exemptions.
Taxis will also be required to carry
service animals (guide dogs) without extra charge. Mini-cabs are not covered
by the act.
This section of the Act has not yet
been fully implemented. The train and tram regulations came into force
on 1/1/99. The taxis accessibility regulations are expected to come into
force in 2002, buses in 2000 and coaches in 2005.
the Department of Environment Transport
and the Regions Mobility Unit produces a factsheet on the transport provisions
of the Act (see - more information below).
Disability Rights
Commission (DRC)
The main functions of the DRC will
be to work towards the elimination of discrimination of disabled people,
to promote equality and opportunity for disabled people in all fields
of activity and to keep the workings of the DDA under review. In particular
the DRC will have the power to conduct formal investigations of employers
and service providers, and to provide advice and assistance to disabled
people. The DRC is expected to be up and running in 2000. The DRC can
be contacted at - 7th Floor, 222 Grays Inn Road, London WC1X 8HL
Website: http://www.drc-gb.org/drc/default.asp
Tel: 020 7211 3000; DRC helpline
08457 622633
Learning Through Diversity
We deliver training, carry out consultancy and produce materials all focused on Equality, Diversity and Human Rights. We work and produce material suitable for all sectors, focusing on the issues of Social Inclusion, Equality, and the Equality threads (disability, age, religion and belief, sexual orientation, race and gender).
http://www.learningthroughdiversity.com
Disability Claim Management: Small claims management for disabled people.
Disability Conciliation Service (DCS)
Through conciliation, the DCS offers disabled people a uniquely accessible
and empowering alternative to court action as a way of exercising their
civil rights under Parts III and IV of the 1995 Disability Discrimination
Act.
Website: http://www.dcs-gb.net
Email: information@dcs-gb.org
Enforcing your rights
If you have a complaint under the
employment provisions of the DDA you can seek redress through an Employment
Tribunal. A complaint must be lodged within 3 months of the discriminatory
act. A questionnaire procedure will help assist you in determining whether
you have a strong case. You can ask ACAS (the Advisory, Conciliation and
Arbitration Service) for help. In Northern Ireland, the relevant body
is the labour Relations Agency. If you are a trade union member you should
seek assistance from your union.
Rights under the goods and services
provisions of the Act are enforceable through the Count Court ( the Sheriff
Court in Scotland). A complaint must be lodged within 6 months of the
discriminatory act. You can make a complaint to the Pensions Ombudsman
if you think that the managers of a pension scheme have discriminated
against you.
Under the Act it is unlawful to victimise
you if you try to enforce your rights. Anyone who helps you make a complaint
about discrimination is also protected, this includes people who provide
information or give evidence for you in a court or tribunal. The Act also
makes it unlawful for a person to knowingly help another person to discriminate
against you.
If you are successful in a Tribunal
or Court you can obtain damages for financial loss or hurt feelings. Courts
can also impose injunctions on the service provider.
More information - there is a range of government booklets covering different
aspects of the DDA available free from the DRC Helpline.
Contact them at DRC Information,
FREEPOST, MID0 2164, Stratford-upon-Avon, CV37 9BR (08457 622 633 or minicom
08457 622 644).
Information is also available in
Welsh, braille, audio cassette and as a special pack for people with learning
difficulties.
You can buy copies of Codes of Practice
and Guidance from The Stationary Office bookshops:
Guidance On Matters To Be Taken
Into Account In Determining Questions Relating To The Definition Of
Disability (£7.50)
Code Of Practice - Rights Of
Access, Goods, Facilities, Services and Premises (£12.95)
Code Of Practice For The Elimination
Of Discrimination In The Field Of Employment Against Disabled Persons
Or Persons Who Have Had A Disability (£9.95)
Code Of Practice - Duties of
Trade Organisations To Their Disabled Members and Applicants (£9.95).
Information about Transport provisions
of the Act can be obtained from:
DETR Mobility Unit, Zone 1/11, Great
Minster House, 76 Marsham Street, London SW1P 4DR (020 7944 6100; Minicom
020 7944 32777)
Further information on the DDA and
copies of the Codes are available on the internet at www.disability.gov.uk
Advice - You may find it helpful to contact:
RNIB; RADAR; the Disability Law Service; a local law centre or Citizens Advice Bureau.
Useful
books include - Disability Discrimination-Law and
Practice (2nd Edition) by Brian J Doyle (Jordans) and Disability
Discrimination Act by Caroline Gooding (Blackstone Press).
Local authorities may find publications
produced by the Local Government Information Unit (020 7608 1051) helpful.
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