Meeting documents

Cabinet
Tuesday, 21 November 2006

CA211106-10

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ITEM CA10

CABINET – 21 NOVEMBER 2006

DISABILITY EQUALITY SCHEME

Report of Head of Partnerships and Corporate Strategies Manager

Introduction

  1. On 7 June 2005, Cabinet noted the requirements of the Disability Discrimination Act 2005; agreed to the development of a Disability Equality Scheme by the statutory deadline once determined; and noted that implementation of the Council’s Comprehensive Equality Policy and Corporate Equality Plan will ensure that the Council’s existing commitment to the promotion of disability equality is implemented effectively.

    2. Disability Discrimination Act 2005

  2. The Disability Discrimination Act 2005 amends the Disability Discrimination Act 1995 to place a statutory general duty on public authorities to promote disability equality. This builds on the duties within the 1995 Act, including the requirement to make reasonable adjustments to ensure that disabled people can access employment, goods, facilities, services, functions and premises. This means that public authorities must, in carrying out their functions, have due regard to the need to:

    • promote equality of opportunity between disabled persons and other persons;

    • eliminate discrimination which is unlawful under the Act;

    • eliminate harassment of disabled persons that is related to their disabilities;

    • promote positive attitudes towards disabled persons;

    • encourage participation by disabled persons in public life; and

    • take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons.

  1. The Act also imposes a number of statutory specific duties on the Council as a scheduled public authority listed in the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005. These duties are intended to assist public authorities in meeting the general duty, in particular by setting out what public authorities should do to plan, deliver and evaluate action to eliminate discrimination and promote equality and to report on activities undertaken. The core requirements of the specific duties are:

    • the preparation and publication (by 4 December 2006) of a Disability Equality Scheme;

    • implementation of the Disability Equality Scheme; and

    • the publication of annual progress reports.

Key Elements of the Disability Equality Scheme

  1. The key elements of the draft Disability Equality Scheme (attached at Annex 1 to this report) (download as .pdf file) are:

    • The involvement of disabled people;

    • The implementation of the impact assessment process;

    • Encouraging positive attitudes towards disabled people; and

    • Promoting and monitoring equal opportunities in employment for disabled people.

Involvement of Disabled People

  1. The Disability Discrimination Act 2005 requires that disabled people are involved at the outset in the development of the Disability Equality Scheme and that a statement of the ways they have been involved is included.

  2. In developing the Disability Equality Scheme, disabled people have been actively engaged, using a range of methodologies and activities. These included running a one-day event targeted at disability organisations; holding three involvement sessions for our disabled members of staff, including staff with learning disabilities; and employing a disabled-led consultancy to organise participatory workshop events with disabled members of the Citizens’ Panel.

  3. For each event we have aimed to be clear about the aims and boundaries of the consultation; utilised a range of consultation methods, including making reasonable adjustments to enable participation; and sought to ensure the representation of a diverse range of views.

    4. Impact Assessments

  4. As previously noted by Cabinet, the Council’s existing Corporate Equality Plan 2005-08 requires implementation of a combined Equality Impact Assessment (EQIA) process, including as a minimum disability, race and gender impacts. The plan includes a 3-year schedule of assessments, which were prioritised for relevance against each of these requirements.

  5. The draft Disability Equality Scheme maintains the current impact assessment process and schedule, although it should be noted the schedule will be revised for 2008-09.

    6. Risk Management

  6. Failure to adopt a statutory Disability Equality Scheme by 4 December 2006 risks the danger of preliminary investigations and enforcement action by the Disability Rights Commission, actions by individual complainants, adverse publicity and failure to maintain or improve Corporate Performance Assessment scores.

    7. Financial and Staff Implications

  7. There are no financial or staffing implications arising directly from this report as requirements will be met from within existing resources.

    8. RECOMMENDATIONS

  8. The Cabinet is RECOMMENDED to:

          1. agree the Disability Equality Scheme as set out at Annex 1 to this report; and

          2. agree that annual progress reports should be submitted to the Cabinet Member for Social Care & Policy Co-ordination for consideration under Delegated Decisions.

PAUL JAMES
Head of Partnerships

ADRIAN HARPER-SMITH
Corporate Strategies Manager

Background papers: Nil

Contact Officer: Adrian Harper-Smith, Corporate Strategies Manager, Chief Executive’s Office. Tel: (01865) 810179.

November 2006

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