A fundamental change to the
Disability
Discrimination Act 2005 will force public bodies to take the needs of
disabled people into account when planning everything from buildings to
websites.
The new Disability Equality Duty (DED) places a legal obligation on public
bodies to consider the needs of the disabled when planning services, as well as
promoting positive attitudes towards disabled people. The DED does not just
demand that public bodies act in a non-discriminatory way when it comes to
people with disabilities, but that they actively promote equality.
Under accompanying Regulations, all public bodies should have published a
Disability Equality Duty scheme by today that outlines how it will fulfil the
new equality duty. A 196-page
Code
of Practice from the DRC gives guidance on what is expected.
"Public bodies – from the local library to the NHS – will have to consider
what disabled people need when planning their services," said
Disability
Rights Commission (DRC) chairman Bert Massie. "This is a step-change away
from individual disabled people having to complain about discrimination after an
incident has taken place."
This will have a huge impact on how these 45,000 bodies implement technology.
For example, websites and other means of electronic communications, through
which many services are now delivered, must be designed with the needs of the
disabled in mind.
Struan Robertson, editor of
Out-Law.com
and a technology lawyer with Pinsent Masons, said: "A Government department that
is planning to procure a new IT system should ensure that its action plan
includes the work it will do to ensure that the new system is suitable for use
by disabled employees."
If they do not then they could face legal action from the DRC, which will be
the enforcement body for the Disability Equality Duty.
"Only the DRC can issue a compliance notice on an authority which does not
comply with the specific duties," the DRC said. "If it is not complied with then
action can be taken by the DRC in the county or sherrif court.
Media and telecoms regulator
Ofcom
published its version of the
Disability
Equality Duty yesterday. This outlines not only how it will behave as an
employer but also how it will promote equality in its work as a regulator.
It said it will review communications networks and services to assess how
well they meet disabled users' needs and will ensure that broadcasters produce
enough programming with sign language and subtitles.
"New communications technologies continue to emerge, providing more choice
and opportunity for consumers to access entertainment and information and to
interact with each other," said David Currie, Ofcom chairman, in the document.
"But full participation for all is not a given; service providers and
manufacturers need to take into account the needs of disabled people.
"As the UK's communications regulator, Ofcom has a number of duties designed
to ensure disabled people have fair access to electronic communications," he
said. "These include setting and monitoring targets for television access
services (subtitling, audio description and signing) and encouraging the
availability of easy-to-use equipment."
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