Equality and Human Rights Commission

Section 1 of the DDA defines disability and identifies those with rights under the Act as having ‘a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities. The term 'Disabled people' can include the following, though this list is not exhaustive:

• People who are blind or partially sighted
• People who are deaf or hard or hearing
• People who are deafblind or dual sensory impaired
• People who have heart conditions
• People with epilepsy
• People who have problems with continence
• People who have insulin diabetes
• People with a learning disability (for example, people with Downs Syndrome)
• People with dyslexia
• People who have arthritis
• People who are wheelchair users
• People who experience or have experienced mental health problems
• People who have had a stroke
• People with HIV, Cancer or Multiple Sclerosis from the point of diagnosis
• People with other progressive conditions such as motor neurone disease or, Parkinson’s disease

Download the Disability Discrimination Act or other key legislation

It is important to understand that many conditions that may not be traditionally considered as 'disabilities' are covered by the DDA. The guidance on determining the definition of disability can be downloaded here (Pdf).

When doctors are service providers or when they work for another service provider they and their staff must avoid discriminating against disabled people because of their disability – for example, by assuming a person is being unnecessarily aggressive or difficult when in fact their behaviour is a result of their disability. Although it is not acceptable for healthcare staff to accept aggressive behaviour, if they are more disability aware, they may be in a better position to make adjustments to help manage the situation.

The DDA also requires that service providers must not provide a lower quality of service to disabled people – for example, only relying upon the tannoy system to call the next patient would disadvantage hearing-impaired people. This could also seriously disadvantage deafblind people who may need reception staff to specifically indicate to them when it is their turn.

Under the DDA service providers must also provide reasonable adjustments for disabled people to enable them to access their services. There are four main types of adjustments:

1. Changing policies, practices and procedures
   For example people might need to make appointments in different ways: by phone, email, text or in person.
   Another example is regarding who can accompany patients into clinical areas. A disabled person who is visiting their GP may wish to be accompanied by a friend, family member or advocate, or appropriate communication support.
2. Providing auxiliary aids and services
   For example, providing discreet assistance to people with reading and writing difficulties. Or the provision of human aids to communication, such as communicator guides or interpreters for BSL.
3. Providing an alternative service where the usual service location is not accessible
   For example, if a doctor’s clinic is located in an inaccessible part of the hospital the doctor could hold the appointment for a disabled person in a more accessible part of the hospital.
4. To remove, amend or avoid physical barriers to the surgery, hospital or clinic.
   For example, by removing a set of steps and replacing these with a ‘level entrance’, or, by amending the entrance by installing a ramp and steps, or, by avoiding the barrier by using another accessible entrance.

To ensure health professionals are meeting their duties under the DDA it is recommended that service providers use guidance available from the Department of Health (DH) web site and the Codes of Practice available from the Equality and Human Rights Commission.

The above duties seek to prevent discrimination but newer duties seek to eliminate its source.

Doctors working for or in the public sector have additional responsibilities since December 2006. The Disability Equality Duty (DED) means that any public body needs to actively look at ways of ensuring that disabled people are treated equally.

This law requires organisations across the public sector (including hospitals, local and central government, schools and colleges) to be proactive in ensuring that disabled people are treated fairly.

However, this duty is not necessarily about changes to buildings or adjustments for individuals. It’s all about including equality for disabled people, into the culture of public authorities in practical and demonstrated ways. This means including disabled people and disability equality into everything from the outset, rather than focusing on individualised responses to specific disabled people.