Disability Equality Duty Lucy Foley Assistant Director, Scottish Disability Team sdt.info@dundee.ac.uk and Robyn Challis

1. Disability Equality Duty Lucy Foley Assistant Director, Scottish Disability Team sdt.info@dundee.ac.uk and Robyn Challis Senior Policy Officer (Disability) Equality Challenge Unit disability@ecu.ac.uk

2. Disability Equality Duty • A duty on all public authorities to promote disability equality • A need to meet: - the general duty - specific duties

3. Mind the gap!

4. General Duties When carrying out their functions Public Authorities must have due regard to the need to: • eliminate unlawful discrimination; • eliminate disability-related harassment; • promote equal opportunities;

5. General Duties (cont’d) • take steps to take account of disability even when that involves treating disabled people more favourably; • encourage participation by disabled people in public life; • promote positive attitudes towards disabled persons.

6. Specific Duties – Disability Equality Schemes (DES) • By Dec 2006 HEIs will publish their first Disability Equality Scheme (DES) • The DES will demonstrate how the HEI will fulfil general and specific public sector duties • Annually report on progress

7. The practical application of the specific duties • Preparation of action plans • Involving disabled people • Gathering evidence • Analysing evidence • Assessing the impact of policies/practices and proposed policies/ practices

8. Challenges of the new duty • Fundamental shift of focus from negative driver of compliance to proactive planning – though anticipatory duty of DDA Part IV will have prepared the way? • Equality legislation fatigue………..

9. First steps… • Engaging with disabled people – internal and external (who/where/how/when/why/about what?) • Gathering data and information • Impact assessment – priority areas • Action planning for first Disability Equality Scheme

10. ..and some guiding principles • Create and communicate a vision • Ensure leadership from the top and form a powerful coalition • Build on strengths for short-term wins • Foster a whole-organisational approach • The DED is a non-linear process

11. Gathering evidence: what is required DES must include a statement of: • Your arrangements for gathering information on the effect of your policies and practices on disabled persons • The effect on the recruitment, development and retention of your disabled employees

12. Gathering evidence: what is required (cont’d) • The effect on the educational opportunities and achievements of your disabled students • The extent to which the services you provide, and functions you perform, take account of the needs of disabled persons

13. Internal focusEngaging with disabled people • Who are disabled people? • The problem of under-disclosure – a vicious circle? • Don’t be disheartened – culture change is a long-term project

14. Internal focus - Engaging with disabled people (cont’d) • The spectrum of engagement – from consultation to involvement • Ideas about involving disabled people – who, what, when, how?

15. Impact assessment: making it part of your everyday work • Impact can be positive or negative • What to assess? • New and old • The importance of mapping • The back catalogue - relevance reviews

16. Impact assessment: making it part of your everyday work • How to assess? • Use your data • Existing systems of review, evaluation and quality assurance • Who does it? – involvement, training, ownership

17. Action Plans The action plan in a highly effective Disability Equality Scheme (DES) would reflect: • The priorities of disabled people • The HEI’s strategic priorities

18. Action Plans (cont’d) • Specific outcomes which you wish to achieve to promote disability equality, set out against a realistic timetable • Lines of accountability • Measurable indicators • The key milestones or external pressures faced by the HEI

19. Useful documents • ECU Briefing Papers 1 and 3; ‘Shaping your DES’ http://www.ecu.ac.uk/publications/guidancepublications/ • SDT Disability Impact Assessments – A Brief Guide at: http://www.sdt.ac.uk/resources/ ImpactAssessmentGuidanceDec05.doc • SFC Disability Self-evaluation Tool at: http://www.sfc.ac.uk/library/06854fc203db2fbd000001082e659bc0/ • DRC publications on the disability equality duty, including their new guidance on Evidence Gathering http://www.drc-gb.org/library/publications.asp

20. Procurement Scenario 1 A university is planning to introduce a new IT system. Its action plan includes details of work it will do to ensure that the new system is suitable for use by disabled staff and students and the way it will develop the specification so that the system delivers the right products for disabled people.

21. Procurement Scenario 2 A university Law Faculty uses guest lecturers to teach on many of its courses. While the lecturers are from outwith the University, the lectures they deliver are an “official” part of the course.

22. Procurement Scenario 3 A university has had complaints from a number of disabled students regarding building works on campus. Some of the complaints relate to issues such as vans being parked on pavements and routes being blocked unnecessarily. Some complaints however are about the inappropriate behaviour of some builders when approached by disabled students to move materials etc.