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Disability rights update
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Since 4 December 2006, all public bodies (including hospitals, local authorities, government departments, schools and colleges) must actively look at ways of ensuring that disabled people are treated equally to non-disabled people, including treating a disabled person more favourably than others if this is necessary.
Also, most public authorities must publish a Disability Equality Scheme, which sets out their plan and a timetable for how they are going to make sure disabled people are treated fairly. The Scheme must also say how they have involved disabled people (including children and young people) in the development of the plan.
Your child's school
Senior schools in England must publish their Disability Equality Scheme by 3 December 2006, primary schools in England by 3 December 2007 and all schools in Wales by 1 April 2007.
The definition of disability under the Disability Discrimination Act 2005 is different from the eligibility criteria for special educational needs (SEN) provision. This means that if your disabled child has not been assessed for SEN, the school must still take their disability and needs into account and ensure their opportunities are equal to non-disabled children. In some cases this can mean treating a disabled child or young person more favourably than others. The school also has a duty to promote positive attitudes towards disabled people.
If you think a public authority has not treated your child fairly or considered their needs, ask whether the authority you are dealing with is complying with their Disability Equality Scheme (you can ask to see this publication) and contact the Disability Rights Commission helpline on 08457 622 633.
Other changes - Since December 2006 it is unlawful for a private club to fail to make reasonable adjustments to make it possible for a disabled member (or prospective member) or guest to make use of the club.
- Since December 2006 providers of transport vehicles have a duty to make reasonable adjustments in order for a disabled person to use the transport service.
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