UNIT 1
1.1 Introduction
I’m Angela Getty and I would like to welcome you to Ulster University’s online disability awareness training. This has been developed by the Policy Implementation Unit and Access, Digital and Distributed Learning. The purpose of this training is to give you a better understanding of disability legislation, and how to incorporate this into your work practices. The training has been developed using resources and evidence provided by the Equality Commission for Northern Ireland, Employers for Disability NI, and the Disability Rights Commission.
The University has made a commitment within its Disability Action Plan to provide disability awareness training for all staff and to report its progress in this area annually to the Equality Commission. Therefore, the Policy Implementation Unit will keep a confidential record of all staff who complete this course so that it can provide a summary report to the Equality Commission. No names will be disclosed to the Equality Commission.
This training covers the following areas:
· Disability Legislation
· Staff Responsibility
· Disability Etiquette and
· Support
Of course, you may access and dip into it as many times as you wish, once you have completed it. We will also update the content regularly to reflect further amendments to the legislation and developments in case law.
This training is also available in alternative formats, by request, from the Policy Implementation Unit. We also still continue to offer face-to-face disability awareness training for staff who do not have access to a computer, by request.
We hope that you will find this a useful resource, and would welcome any feedback from you.
The training should take approximately 1 hour to complete
Glossary:
Competence Standards:
A competence standard is an academic, medical or other standard applied by or on behalf of an education provider for the purpose of determining whether or not a person has a particular level of competence or ability. Competence standards apply to all aspects of courses: in admissions (entry criteria), on-course assessments (exams) and awarding qualifications.
Direct Discrimination:
This occurs where a disabled person is treated less favourably than someone else because they are disabled. Direct discrimination can never be justified.
Disability:
A physical or mental impairment which has a substantial and long-term adverse impact on a person’s ability to carry out normal day-to-day activities.
· Physical impairment:
This includes, for instance, a weakening of part of the body (eyes, ears, limbs, internal organs etc) caused through illness, by accident or form birth. Examples would be blindness, deafness, paralysis of a leg or heart disease.
· Mental impairment:
This includes mental ill health and what is commonly known as learning disability.
· Substantial:
Put simply, this means the effect of the physical or mental impairment on ability to carry out normal day to day activities is more than minor or trivial. It does not have to be a severe effect.
· Long-term adverse impact:
The effect has to have lasted, or be likely to last, overall for at least twelve months and the effect must be a detrimental one. A person with a life expectancy of less than twelve months is, of course, covered if the effect is likely to last for the whole of that time.
· Normal day-to-day activity:
This is something which is carried out by most people on a fairly regular basis, such as washing, eating, catching a bus or turning on the television. It does not mean something so individual as playing a musical instrument to a professional standard or doing everything involved in a particular job.
Disability Action Plan:
The Disability Discrimination Order 2006 places duties on a public authority to promote positive attitudes towards disabled people and encourage participation by disabled people in public life. These are collectively known as ‘the Disability Duties’. All public authorities are also under a duty to submit to the Equality Commission plans (referred to as ‘disability action plans’) showing how they propose to fulfil the disability duties in relation to their functions.
Disability Discrimination Act (DDA):
Provides protection for disabled persons against discrimination on the grounds of disability, in areas such as buying goods, using services, finding somewhere to live, in education, vocational training and getting a job.
Disability Discrimination (NI) Order (DDO):
Introduces new duties to promote positive attitudes towards disabled people and encourage participation by disabled people in public life.
Disability Related Discrimination:
This occurs when, for a reason related to a person’s disability, the disabled person is treated less favourably than other people to whom the reason does not or would not apply, and this treatment cannot be justified.
Equality Scheme:
Under Section 75 of the Northern Ireland Act 1998, all public authorities are required to develop an Equality Scheme. The purpose of the Equality Scheme is to demonstrate how, in carrying out all its functions, the public authority intends to have due regard to the need to promote equality of opportunity and regard to the desirability to promote good relations.
Harassment:
Harassment occurs when, for a reason which relates to a person’s disability, another person engages in unwanted conduct which may:
· Violate the disabled person’s dignity or
· Create an intimidating, hostile, degrading, humiliating or offensive environment for that disabled person.
Reasonable Adjustment:
Reasonable adjustments are changes to physical premises or working practices which remove the disadvantage they present to a person with a disability.
Section 75:
Requires employers to promote equality of opportunity for nine categories of people, including disabled people, and to encourage good relations.
Special Educational Needs and Disability (NI) Order (SENDO):
Prohibits discrimination against disabled people in the provision of education and associated services, from admissions through to graduation
Victimisation:
Victimisation means treating someone less favourably than others because they have complained of disability discrimination or they have assisted or supported someone else to do so. It applies whether or not the person victimised is a disabled person.
UNIT 2
2.1 Disability Legislation
You may also be interested in reading the following document, which is available at: http://www.equalityni.org/archive/pdf/guideforeverybody(R).pdf
The University is legally accountable for the actions of its employees in the course of their employment. However employees are also accountable for their own actions, and can be named as co-respondents in a Discrimination Tribunal if they unlawfully discriminate against a disabled person at the University. Therefore it is important that staff are familiar with and understand their responsibilities under the Disability Discrimination Act, SENDO, the Disability Discrimination Order and Section 75 of the Northern Ireland Act.
2.2 The Disability Discrimination Act 1995
The Disability Discrimination Act (DDA) 1995 provides protection for disabled persons against discrimination on the grounds of disability, in areas such as buying goods, using services, finding somewhere to live, in education, vocational training and getting a job. While it extends to the whole of the United Kingdom, separate secondary legislation exists for Northern Ireland, as follows:
· The Special Educational Needs and Disability (NI) Order 2005 (Amendment)(Further and Higher Education) (NI) Regulations 2006; and
· The Disability Discrimination (NI) Order (2006).The Disability Discrimination (NI) Order (2006).
2.3 The Special Educational Needs and Disability (NI) Order 2005 (Amendment) (Further and Higher Education) (NI) Regulations 2006
You may also be interested in reading the following document, which is available at: http://www.equalityni.org/archive/pdf/FHECOP(SENDO).pdf
SENDO is a stand-alone Order, reflecting Part IV of the DDA in Great Britain, which is known as the Special Educational Needs and Disability Act (2001). SENDO prohibits discrimination against disabled people in the provision of education, associated services, vocational education and training, from admissions through to graduation, and after the student has left the University (for example, in the provision of references and access to alumni services). It applies to potential applicants to the University, existing students and ex-students.
SENDO places duties on the University to anticipate and make reasonable adjustments to facilitate access to education by disabled students. It also makes it unlawful to harass a disabled person, to instruct or pressure someone to discriminate, to use discriminatory advertisements, and to discriminate against a student in the conferment of qualifications.
SENDO also introduces the concept of 'competence standards' (refer to Glossary for definition) and sets out a new burden of proof where a case of discrimination is being brought under these provisions.
Further information about SENDO and developing competence standards is provided in the University's 'Revised SENDO Staff Guidance Booklet’ and the 'Developing Competence Standards Staff Guidance Booklet’ (both available at: http://www.equality.ulster.ac.uk/staff-guidance.html).
1
2.4 The Disability Discrimination (NI) Order (2006) (DDO)
You may also be interested in reading the following document, which is available at: http://www.equalityni.org/archive/pdf/12090DDOEQbookletfinal.pdf
This Order introduces new duties to promote positive attitudes towards disabled people and encourage participation by disabled people in public life. These are known as the 'Disability Duties'. Under this Order the University must show how it intends to carry out these duties in a Disability Action Plan, available at: http://www.ulster.ac.uk/secretary/policyimplementation/equality/strategies.html
The Order also amends the definition of disability so that people with progressive conditions such as cancer, HIV infection or Multiple Sclerosis (MS) will be deemed to be disabled from the point of diagnosis rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities. Furthermore, it removes the requirement in the DDA that a mental illness must be 'clinically well recognised' before it can count as impairment for the purposes of the DDA.
Section 75 of the Northern Ireland Act 1998
You may also be interested in reading the following document, which is available at: http://www.equalityni.org/archive/pdf/S75ShortGuide0206.pdf
Section 75 of the Northern Ireland Act 1998 requires employers to promote equality of opportunity for nine categories of people, including disabled people, and encourage good relations. Under this Act, the University must show how it intends to promote equality of opportunity and good relations in an Equality Scheme (available at: http://www.ulster.ac.uk/secretary/policyimplementation/equality/scheme.html).
Test yourself:
1. What legislation protects disabled people from discrimination? (Please select one answer only)
a. the Disability Discrimination Act q
b. the Disability Discrimination Order q
c. Section 75 of the Northern Ireland Act q
d. SENDO q
2. What legislation protects disabled students from discrimination? (Please select one answer only)
a. the Disability Discrimination Act q
b. the Disability Discrimination Order q
c. Section 75 of the Northern Ireland Act q
d. SENDO q
3. What legislation requires you to promote equality of opportunity for disabled people? (Please select one answer only)
a. the Disability Discrimination Act q
b. the Disability Discrimination Order q
c. Section 75 of the Northern Ireland Act q
d. SENDO q
4. What legislation requires you to promote positive attitudes to disability? (Please select one answer only)
a. the Disability Discrimination Act q
b. the Disability Discrimination Order q
c. Section 75 of the Northern Ireland Act q
d. SENDO q
(Answers in Appendix 1)
UNIT 3
3.1 The DDA definition of disability
You may also be interested in reading the following document, which is available at: http://www.equalityni.org/archive/pdf/DefinitionofDisability07.pdf
The DDA defines disability as 'a physical or mental impairment which has a substantial and long-term adverse impact on a person's ability to carry out normal day-to-day activities'.
For a person to be defined as 'disabled' under the DDA, the long-term adverse effect must be in one of a number of areas listed below:
· Mobility;
· Manual dexterity;
· Physical co-ordination;
· Continence;
· Ability to lift, carry or otherwise move everyday objects;
· Speech, hearing or eyesight;
· Memory or ability to concentrate, learn or understand; and/or
· Perception of the risk of physical danger.
Therefore people with the following would be considered to be disabled under the DDA:
· Learning Disabilities such as Downs Syndrome;
· Speech Disabilities such as a stutter or lisp;
· Physical Disabilities such as using aids such as wheelchairs and walking sticks, fine motor control and balance;
· Hearing Disabilities such as deafness, using hearing aids;
· Visual impairments such as blindness;
· Mental ill health such as depression, anxiety, bipolar disorder;
· Learning difficulties such as dyslexia, dyspraxia, dyscalculia;
· Brain injury;
· Medical conditions such as epilepsy, arthritis, high blood pressure, diabetes; and
· Cancer, HIV infection or Multiple Sclerosis (from the point of diagnosis).
3.2 Special Provisions
Special provisions cover particular conditions which might otherwise not be considered as disabilities. These are provisions covering:
· Recurring or fluctuating conditions such as arthritis, where the effects can sometimes be less than substantial, which are treated as continuing to have a substantial adverse effect so long as that effect is likely to recur;
· Conditions which progressively deteriorate, such as motor neurone disease, which count as having a substantial adverse impact from the first time they have any effect on the ability to carry out normal day-to-day activities even if it is not substantial, so long as there is eventually likely to be a substantial adverse effect;
· Severe disfigurements, which are treated as having substantial effects on the ability to carry out normal day-to-day activities, even if they have no actual effect at all.
3.3 Does Not Count…
Regulations under the DDA ensure that a number of conditions do not count as impairments. These are:
· Addiction to or dependency on alcohol, nicotine and other substances (unless resulting from the substance being medically prescribed). However, indirectly related conditions may be covered;
· Tendency to steal, set fires, or sexually abuse other persons;
· Exhibitionism and voyeurism;
· Hay fever, unless it aggravates the effect of another condition;
· Disfigurements such as tattoos, non-medical body piercing; and
· Inability to distinguish between red and green.
Further information on defining disability can be found at: http://www.equalityni.org/archive/pdf/DefinitionofDisability07.pdf
Test yourself:
1. Which of the following are considered a disability under the Disability Discrimination Act (DDA)? (Please select all that apply)
a. Cancer q
b. Multiple Sclerosis q
c. Broken leg q
d. Pregnancy q
e. Hay fever q
f. HIV q
g. Diabetes q
2. A person is disabled, according to the Disability Discrimination Act (DDA), if they have a physical or mental impairment that has a substantial, adverse and long term effect on his/her ability to carry out normal day to day activities. Therefore, a student with severe dyslexia is likely: (Please select one answer only)