Click here for information on the European Policy on Disabled People

Disability Discrimination Act (DDA)

The Disability Discrimination Act (DDA) 1995 addresses the discrimination that disabled people face in a range of different settings, and it is made up of eight parts.

Particularly relevant to education are:

• Part 1 of the DDA, which contains the definition of disability used throughout the DDA;
• Part 2, which relates to employment;
• Part 3, relating to access to goods, services and facilities. Student Unions are covered by this part of the DDA, as are services offered by Education Providers to the public, such as conference and sports facilities;
• Part 4, which relates to education.

Definition of Disability

The Disability Discrimination Act defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

The DDA 1995

There are four types of discrimination against disabled students that are unlawful:

1. Direct discrimination

Direct discrimination applies where a student is treated less favourably solely by reason of their disability; for example, if a person with a visual impairment is refused a place on an IT course, because it is assumed that they will be unable to complete the course because they cannot see, this would be direct discrimination. Direct discrimination can never be justified.

2. Failure to make reasonable adjustments

The duty to make reasonable adjustments applies where a disabled person is placed at a substantial disadvantage in comparison with people who are not disabled. In these circumstances, the Education Provider must make reasonable adjustments, to remove that disadvantage. What is, and is not reasonable depends on all the circumstances, however, it is an important element of the Duty to make anticipatory adjustments. This means that Education Providers must think ahead about the type of adjustments that they may need to make to include students with a range of impairments, even before they know which disabled students are applying for admission to any course.

3. Disability related discrimination

Disability related discrimination applies where a student is treated less favourably because of a reason related to their disability. For example, if a student who uses crutches were refused a site visit because of concerns about safety. The refusal was not directly due to the impairment itself, but due to concerns about safety, which related to the impairment. Whether or not this disability related discrimination is lawful depends on whether or not it can be justified.

4. Victimisation

Victimisation occurs where a person is treated less favourably as a result of having brought proceedings, given evidence or made an allegation of unlawful discrimination.

The Disability Discrimination Act (DDA) 2005 and the Disability Equality Duty (DED)

The Disability Discrimination Act (DDA) 2005 amended the DDA 1995 and introduced a new Disability Equality Duty (DED). The DED requires public bodies to be proactive in ensuring that disabled people are treated fairly and equally, and that the opportunities available to disabled students, and their achievements, are equal to those of non-disabled students. This radical piece of legislation is about equality of outcome, as well as inclusion.

The introduction of the Duty reflects the government’s desire for the public sector to act as an exemplar of inclusive practice and to contribute in a demonstrable way to a more inclusive society. Within the public sector, education providers have the potential to make a considerable contribution towards achieving these aims, while at the same time advancing and enhancing their own reputation for inclusive practice.

Click here for further information on the Disability Discrimination Act (2005)

Click here for Disability in Education: Information for disabled students over the age of 16