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Disability Discrimination Act
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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.

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 (see main index) 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.

Focus on Disability