EQUALITY - Promoting positive attitudes towards disabled people and encouraging the participation of disabled people in public life: A Guide for Public Authorities Consultation 09/06 [NI]
Status: Consultation from 29/09/06 to 29/11/2006
Published by: Equality Commission
Coverage: NI
The purpose of the Guide is to help public authorities meet their new obligations under these duties, and includes guidance on how to develop their disability action plans, which must be submitted to the Equality Commission within six months of the duties coming into effect; namely by 30 June 2007.
Please click here to download a copy of the following documents;
• draft guide;
• consultation letter;
• consultation questionnaire;
• registration form for the consultation event on 24 October 2006;
• registration form for the consultation event on 7 November 2006.
Introduction
Under section 49A of the Disability Discrimination Act 1995 (‘the Act’), (as amended by the Disability Discrimination (Northern Ireland) Order 2006), public authorities, when carrying out their functions must have due regard to the need to:
• promote positive attitudes towards disabled people; and
• encourage participation by disabled people in public life.
For ease of reference, the two duties are collectively referred to as ‘the disability duties’. The disability duties come into effect on 1 January 2007.
This guide subject to approval gives practical guidance to public authorities on how they can implement the disability duties.
Under section 49B of the Act, 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. These disability action plans (or revised disability action plans), must as regards form and content, conform to the guidelines contained within this guide.
The provisions of Sections 49A and 49B of the Act are outlined in full in Appendix D.
These guidelines refer to the Act as at the date of publication. As mentioned earlier, the disability duties come into effect on 1 January 2007. There are however further proposed changes to the Act which will have an effect on the implementation of the disability duties. At the time of publication, the dates on which these changes are due to come into operation have not been released; though the Commission anticipates that the changes are likely to be come into operation in early 2007.
Chapter 1 – Overview of the Disability Duties
This chapter looks at disability duties and provides an overview of the statutory duty on public authorities to have due regard to them.
These duties are:
• Promoting positive attitudes
• Participation in public life
This chapter continues to look at why these are important and what steps are needed to implement them.
Chapter 2 – Implementing the Disability Duties – Key Steps
As with their duties under Section 75, the disability duties require public authorities to adopt a proactive approach, mainstreaming the duties into all decisions and activities.
This chapter also looks at:
• What does ‘due regard’ mean?
How do the disability duties relate to the existing duties on public authorities under Section 75?
Affirmative action
Equality for disabled people may mean treating them ‘more favourably’. Equality of opportunity cannot be achieved simply by treating disabled and non-disabled people alike. This principle has always been recognised in the Act, particularly through the duty to provide reasonable adjustments. In addition, the duty under Section 75 to promote equality of opportunity between disabled people and non-disabled people does not inhibit the ability of public authorities to take affirmative action to counter disadvantage. On the contrary, as made clear in the revised Guide to the Statutory Duties, public authorities are bound to have regard to the need for affirmative action when considering their duties under Section 75.
Unlike other anti-discrimination laws, the Act does not prohibit or restrict positive discrimination in favour of disabled people. This is because under the Act only disabled people are protected against discrimination, and not those who are not disabled.
Good Relations
Although the disability duties relate solely to disabled people, public authorities should be mindful of the need to promote positive attitudes and encourage the participation in public life of other equality groups protected under Section 75. Measures undertaken to promote positive attitudes towards disabled people, should, for example, work alongside initiatives taken by public authorities to promote good relations under Section 75 in the areas of race, religion and political opinion. Public authorities should draw on their experiences and knowledge gained, as well as partnerships formed, through their work on promoting good relations on these grounds, when drafting their disability action plans.
Building on Section 75 practices and procedures
Many public authorities, as a result of their duties under Section 75, will already have practices and procedures in place, which will assist them in fulfilling their responsibilities in relation to the disability duties. For example, many public authorities have already forged strong links and created good communication channels with disabled people, which will make it easier to consult with disabled people as regards the implementation of their disability action plan.
In addition, as a result of their duties under Section 75, many public authorities have already taken measures to promote positive attitudes towards disabled people and encourage the participation by disabled people in public life.
The reporting mechanisms relating to the disability duties have also been tailored to coincide with the existing reporting mechanisms under Section 75. For example, the annual and five year review reports by public authorities on the implementation of their disability action plans are to be included in their annual and five year review reports on the implementation of their equality schemes, which public authorities are already required to submit to the Equality Commission.
As a disability action plan is a ‘policy’ (i.e. an adopted or proposed course or principle of action), public authorities in order to meet their obligations under Section 75, should consult on and screen their plan in accordance with their equality schemes. In addition, any changes to their policies introduced as a result of implementing the disability duties should also be screened in accordance with their equality schemes.
It is important to recognise that a disability action plan is separate to and different from an equality scheme which public authorities have to submit under Section 75. For example, an equality scheme shows how a public authority proposes to fulfil its duties under Section 75; which relates to the promotion of equality of opportunity across nine equality grounds and the promotion of good relations across three equality grounds. In contrast, a disability action plan has a much narrower focus. It relates to two particular areas solely within the equality ground of disability; the need to promote positive attitudes towards disabled people and encourage the participation of disabled people in public life.
Duty to produce a disability action plan
In addition to mainstreaming the disability duties into all decisions and activities, public authorities are also required to produce a disability action plan showing how they propose to fulfil these duties. The plan must conform as regards form and content to these guidelines. The plan must contain certain key elements including an outline of the measures which public authorities intend to take, the timescale over which these measures are to be implemented, and performance indicators. It must, in addition, include details of how the public authority intends to publish the plan.
Submission of the disability action plan to the Equality Commission
Public authorities are required to submit their disability action plan to the Equality Commission. For public authorities subject to the disability duties as at 1January 2007, the disability action plan must be submitted to the Commission by 30 June 2007.
Newly created public authorities, who are subject to the disability duties after the 1 January 2007, must submit their disability action plans to the Equality Commission within 6 months of their coming into existence.
Existing public authori ties who subsequently become designated for the purposes of Section 75 after 1 January 2007, must submit their disability action plans to the Commission within 6 months of being requested to do so by the Commission.
Before submitting the plan to the Equality Commission, public authorities must consult on their draft plans. They should aim to allow a period of at least 2 months for the consultation process. For a further explanation of the timescale for consultation, see Chapter 3 Part 1.
The Equality Commission will liaise with the public authority in relation to its disability action plan following its submission to the Commission. Unlike equality schemes, disability action plans do not have to be approved by the Commission. Public authorities must however, if requested by the Commission to do so, revise their disability action plans and submit the revised plan to the Commission. The Commission is also required to report to the Assembly in circumstances where a submitted revised plan fails to comply with the guidelines contained in this Guide.
As disability action plans to not have to be formally approved by the Equality Commission, public authorities should proceed with the implementation of their disability action plans in accordance with the timescale indicated therein, once the plan has been submitted to the Commission.
Public authorities must: a)Complete an Annual Progress Report and b)Carry out Five yearly review of their disability action plan.
Public authorities with functions in Great Britain and Northern Ireland
All public authorities in GB (bar certain exceptions) are under a general duty to promote disability equality which includes the requirement to have due regard to the need to promote positive attitudes towards disabled people and encourage participation by disabled people in public life. The general duty comes into force in GB on 5 December 2006.
The rest of this chapter looks at:
• Mechanisms for successful compliance
• What mechanisms do public authorities need to put in place in order to ensure that the duties are effectively implemented?
Chapter 3 – Preparation of a Disability Action Plan
What is the purpose of a disability action plan?
The purpose of a disability action plan is to show how a public authority proposes to fulfil the disability duties in relation to its functions.
What must a disability action plan include?
The disability action plan must include the following key elements:
• An introductory statement. (see Part 1)
• A consultation statement. (see Part 1)
• An outline of action measures. (see Part 2)
• An outline of the timescale for the implementation of the action measures. (see Part 2)
• Performance indicators. (see Part 2)
• Details of how the disability action plan will be published. (see Part 2)
Part 1 – Introductory and Consultation Statement
Introductory Statement
The disability action plan must contain an introductory statement which includes the following:
• An outline of the range of functions of the public authority.
• An outline of the purpose of the disability action plan.
• An outline of the range of public life positions over which the authority has responsibility for (for example, government public appointments etc).
• The public authority’s commitment to the effective implementation of the disability action plan. The statement of commitment should be signed by the Minister and Permanent Secretary in the case of Government departments or the Chair and the Chief Executive in the case of other public authorities.
• An outline of the internal arrangements put in place for dealing with and reporting on the disability action plan and a point of contact for people who may seek further information in relation to the disability duties.
• The public authority’s commitment to effectively engaging with disabled people in the drafting, implementation, monitoring and review of its disability action plan.
• The public authority’s commitment to submitting an annual report on the implementation of its disability action plan to the Equality Commission.
• The public authority’s commitment to carrying out a five year review of its disability action plan.
Consultation
The disability action plan must also include a statement outlining the way in which the public authority consulted on its draft plan. In particular, it should indicate how disabled people were consulted with as regards the development of the disability action plan and outline any changes made to the plan as a result of this consultation process. The consultation statement must also specify the public authority’s arrangements for consulting with disabled people in the implementation, monitoring and review of the disability action plan.
As indicated earlier, public authorities in order to meet their obligations under Section 75, should consult on their draft plan in accordance with the guidance on consultation set out in the Section 75 Guide (see pages 57-59 and Appendix 7). In addition to consulting with disabled people, public authorities should ensure that they consult with all consultees on their consultation list as outlined in their equality schemes. In accordance with the recommendations in the Section 75 Guide, the disability action plan should be sent to consultees in executive summary, so that consultees can decide whether or not they would like to obtain the full document or respond to the consultation.
Public authorities should also ensure the public notification of the consultation exercise as individual members of the public may also wish to engage in the consultation exercise.
Why is it important to consult with disabled people?
In addition to consulting with disabled people when drawing up their disability action plans, public authorities must also consult with disabled people when implementing, monitoring and reviewing their plans.
This requirement reflects the fact that public authorities will not be able to identify and prioritise equality initiatives as regards implementing the disability duties effectively unless they consider the views of disabled people.
The views of disabled people on the development of the disability action plan and its implementation, monitoring and review are critical to the successful implementation of the disability duties. Consultation between public authorities and disabled people should be viewed as a two-way process. It is an opportunity for disabled people to provide feedback in a constructive manner on how public authorities can best implement and are implementing the disability duties. It also enables public authorities to use this feedback to improve how they meet their obligations.
Disabled people can assist public authorities in:
• identifying barriers faced by disabled people in participating in public life in general and specifically any barriers they have encountered in relation to their dealings with the public authority in question;
• identifying circumstances in the past in which the public authority has not promoted positive attitudes towards disabled people and identifying opportunities in the future for the public authority to promote such attitudes;
• setting priorities and identifying solutions as regards the taking of remedial action;
• monitoring and reviewing the effectiveness of measures taken.
How should public authorities consult with disabled people?
This consultation should be carried out in accordance with the seven Guiding Principles on consultation, as set out in the Section 75 Guide (see pages 57-59). In particular, it is important that accessible language and formats are used in order to ensure that there are no barriers to the consultation process and that as wide a range of disabled people as possible can participate. Information on the draft and final disability action plan, as well as other information relating to the disability duties provided by the authority, should therefore be available on request in alternative formats, for example, in Braille, on computer disk, on audio cassette and in large print. Consideration should be given as to how best to communicate the draft and final disability action plan and other relevant information to those with learning disabilities; for example by producing the plan in large, clear print and plain language or by the use of colour coding. The draft and final plan should also be available, on request, in minority languages.
It is essential, as set out in the Guiding Principles, that public authorities, when consulting ensure that appropriate measures are taken to ensure the full participation by disabled people in any meetings that are held. Different disabled people have different needs. Public authorities should consider the time of day, the appropriateness of the venue and in particular whether it can be accessed by disabled people, how the meeting is run, the use of appropriate language and whether a signer is necessary. Public authorities should recognise and in good faith meet access related costs and any costs associated with ongoing communication and collaboration with disabled people.
Public authorities should also ensure that they use the most appropriate method for consulting with disabled people. Consideration should be given as to whether face to face meetings, small group meetings, focus groups, discussion papers with the opportunity to comment in writing, questionnaires or internet discussions are best.
When consulting, it is important to consider the full diversity of disabled people – in terms of the type of impairment, as well as other dimensions such as ethnicity, age, gender, sexual orientation and religious belief.
In many cases it will be appropriate for an authority to involve representative groups of disabled people in the development, implementation, monitoring and review of their disability action plan. A list of disability representative groups is provided in Appendix C. It may also be appropriate to create and support a specialised forum of disabled people where none exists. The creation of such a forum is also a means of encouraging disabled people to participate in public life. The consultation process should also be proportionate. The approach taken should be commensurate with the size of the public authority.
Many disabled people do not identify themselves as being disabled or belong to a particular disability organisation or representative group. Depending on the size of the public authority and its range of functions, it may therefore be appropriate for it to commission research in the community, to secure the views of a wide range of disabled people.
The draft and final disability action plan should be placed on the public authority’s website and the user’s attention should be effectively drawn to the consultation process. Public authorities should ensure that their websites are accessible (see Appendix C for further information on accessible websites).
Public authorities are required to actively engage with disabled stakeholders. It is important that the process of consultation with disabled people is not viewed as or becomes a paper exercise that is considered to have little meaningful value. If carried out in an appropriate and well structured manner, it can be of substantial benefit both to the public authority and disabled people.
In order to maintain ongoing commitment to the involvement of disabled people, disabled people need to know that this involvement has been influential, and not merely tokenistic. This requires reporting on the results of the consultation. In its statement on consultation in its disability action plan, a public authority must give an indication of any changes which have been made to the plan as a result of its consultation with disabled people.
A public authority should aim to ensure ongoing dialogue between itself and disabled people as regards the implementation of the disability duties. Public authorities should encourage disabled people to feedback in a constructive manner in circumstances where a disabled person considers that a public authority has not promoted positive attitudes towards disabled people or encouraged disabled people to participate in public life.
When should public authorities consult on their draft disability action plans?
Public authorities should aim to allow a period of at least 2 months for the consultation process.
This means as regards public authorities that are subject to the duties as at 1 January 2007, that consultation with disabled people and others on the draft disability action plans should commence in or before mid April 2007; in order to allow sufficient time for consultees to respond and for public authorities to amend their draft disability action plans to reflect the views of respondees.
Part 2 – Action measures, implementation timescales and performance indicators
• Action measures
• What action measures must be included in the disability action plan?
• Suggested measures for inclusion in a disability action plan
• Encouraging participation in public life
• How can a public authority encourage disabled people to participate in public life?
• Measures relating to the recruitment, selection and participation of disabled people in public life positions.
• How can a public authority identify which measures it should take?
• How does this duty of encouraging participation in public life relate to the rights of disabled people under the Act?
• Recruitment of disabled employees
• Creating opportunities for involving disabled people in public life.
• Measures which encourage others to promote the participation of disabled people in public life.
• How can a public authority encourage positive attitudes towards disabled people?
• Review of a public authority’s external and internal communication policies, practices and procedures.
• Measures to promote positive attitudes amongst employees, office holders and others.
• Measures which encourage others to adopt / promote positive attitudes towards disabled people.
• Implementation Timescales
• Performance indicators or targets
• Details of how the disability action plan is to be published
Chapter 4 –Monitoring and Reviewing Progress
This chapter looks at the following:
• Why is it important to collect monitoring information?
• How should monitoring information be collected?
• Monitoring progress and the effectiveness of measures taken
• Monitoring the effectiveness of measures taken to encourage participation by disabled people in public life
-Review of monitoring information on applicants
-Qualitative research
• Monitoring the effectiveness of measures taken to promote positive attitudes
-Wide scale surveys on public attitudes
-Internal staff survey on attitudes
-Exit interviews
-Monitor complaints of discrimination
Chapter 5 – Role of Equality Commission
This chapter looks at the role of the Equality Commission and how it relates to disability duty.
