The House of Lords Equality Act 2010 and Disability Committee has been investigating the Equality Act and its impact on disabled people, and their report, entitled “The Equality Act 2010: the impact on disabled people”, says practice in all areas must be improved.
To watch a summary in BSL, press play below, or click here for a subtitled version.
The Committee concludes that laws designed to protect disabled people against disability discrimination simply aren’t working in practice, and that employers, service providers and public bodies are still not adapting to their needs.
The Committee also found that Government action, whether through the introduction of tribunal fees, through the impact of spending cuts, or through the removal of provisions designed to help disabled people (under the guise of reducing red tape), is having a hugely adverse effect on disabled people.
Government inaction is also to blame: the Government has refused to bring into force provisions on taxis carrying passengers in wheelchairs, even though they have been on the statute book for 20 years. Provisions to make leasehold buildings more accessible for disabled tenants have also not been brought into force.
The Committee found that the Equality Act 2010, which was intended to harmonise all discrimination law across nine protected groups, should not have included disability when it was drawn up.
Although the Committee recognises that it is too late to undo this mistake, it says that the Government must do all it can, instead, to improve how the Act works for disabled people.
Chair of the Committee Baroness Deech said:
“Over the course of our inquiry we have been struck by how disabled people are let down across the whole spectrum of life.
Public authorities can easily side-step their legal obligations to disabled people, and recent changes in the courts have led to disabled people finding it harder to fight discrimination.
When it comes to the law requiring reasonable adjustments to prevent discrimination, we found that there are problems in almost every part of society, from disabled toilets in restaurants being used for storage, to schools refusing interpreters for deaf parents, to reasonable adjustments simply not being made.
The Government bears the ultimate responsibility for enabling disabled people to participate in society on equal terms, and we believe it is simply not discharging that responsibility.
Not only has the Government dragged its heels in bringing long-standing provisions of the Act into force, such as those requiring taxi drivers to take passengers in wheelchairs, but has in fact repealed some provisions which had protected disabled people. Intended to reduce the regulatory burden on business, the reality has been an increase in the burden on disabled people.
The Committee would like to see changes right at the top of Government and is calling for the Minister for Disabled People to be given a place on the Cabinet’s Social Justice Committee.
It’s time to reverse the attitude that disabled people are an afterthought. Many of the changes we suggest are simple and do not require legislation. We hope the Government will implement them quickly.”
Update: there is also a section of the report dealing with British Sign Language and a possible BSL Act. It can be found here. (Thanks to Ian Noon for sending us this via Twitter)
Read the whole report here: http://www.publications.parliament.uk/pa/ld201516/ldselect/ldeqact/117/11702.htm
pennybsl
March 24, 2016
There is one simple solution:
INCLUDE and ENGAGE skilled, qualified Deaf & Disabled people in the decision-making process AND the enforcement process from top down.
Government officials and ministers, we pay your taxes (you surprised?!…..yes, some of us D&D peeps do work) so it’s time to stop the clumsy, illegally ‘pass-the-buck’ handling of equality law.
Stop sabotaging to our lives.
Inclusion the right way is……
Cost-effective, safer and society-rich.
Cathy
March 24, 2016
Oh dear! I can resonate with this sorry tale! I have taken people to court using the equality act and Iam currently going through my 3rd case!
It is sadly true that reasonable adjustments are NOT being made whatsoever! It makes me so cross that companies think they can just dismiss us, but I always tell them they are breaching the equality act 2010. This usually wakes them up but does not always make them admit they have discriminated.
I was also surprised, when, last Christmas I held a party for my charity. A gentleman was due to come in a wheelchair. I had requested a room to hire with a ramp specially for him.
On the day of the party I was stunned to find that this gentleman could not attend because no taxi would pick him up from his hotel with his wheelchair!! I was really annoyed and upset for him when he had paid his ticket. I battled with lady in reception to book a taxi for him but they all refused because of his wheelchair!!! I was disgusted. How the hell can that happen in 2015?!
I also found to my shock a disabled toilet that was packed with cleaning paraphernalia!! I was so stunned I took photos on my phone and this is barely a month ago! How could a Solicitors practise have a disabled toilet packed to the rafters?! Anyone in a wheelchair would have NO access to that toilet!!
I have noticed tribunal fees are payable when going to court, but that has always been the case. If out of work you get a full fee remission with proof of benefit. Low wages also get part remission. When cases are won you can claim cost back from the other side, so Iam not sure what the problem is there??
Iam shocked that interpreters are refused for deaf parents at school! I managed to get interpreters for my daughter on special days, like parents meetings and open days, so how is it that we are going backwards with this??? My daughter is 31 next month so that is 16 or more years ago!!! I wonder if cost is playing a part? I know interpreters are prohibitively expensive! I think its time their cost came down!! It is no good having “access” to something when its too expensive to have!!!
Iam wondering if Grade 2 listed buildings are causing problems? These types of buildings cannot usually be adapted most unfortunately for those in wheelchairs, but I do think we have to accept that some things cannot be altered.
Overall, one has to fight ones corner, but I strongly suspect that many employers and others have NO idea about the equality act, until you mention it! And this is most likely why discrimination still abounds!
For my current case, coming up in May, I had to write to the court requesting an interpreter. When I asked verbally, twice, they refused telling me they are not usually needed and to use the loop system! I put my foot down and quoted the act to them! In the end I wrote to the court and an interpreter has now been granted.
Hartmut
March 24, 2016
@pennybsl,
Upon the first reading, I thought the abbrev D&D meant “Deaf & Dumb”. I was puzzled of course. What alternatively could it mean? Oh, I found. It is “Deaf & Disabled”. Is it printed so in the Report and Equality Act?
Has the word “dumb” been upgraded to “disabled” :=)? Are we now deaf and disabled? This to reflect the view that we are both “deaf” to designate ethnicity, like the Welsh, written with a “D”, and also “disabled” in terms of “being discriminated and disadvantaged by society” as opposed to “having a diminished ability due to a physical defect”? As if to say we are both Deaf and disabled? (A historical note: the term “disabled” was introduced by the mobility impaired advocates to designate the social and economical problems, away from the physical aspect which the word “handicapped” conveyed. The shift from the body to society, this idea was obtained by them after encounters with Deaf leaders (Fred Schreiber, Frank Bowe and Boyce Williams) in the national (US) committees of the handicapped. But due to linguistic inertia, the original meaning soon got lost and acquired the old meaning of “handicapped”, thinking they wanted a politically correct term, an euphemism to remove the stigmatic connotation behind “handicap”. Their hoped for paradigm shift through the new term did not occur, unfortunately.)
Or does “D&D” designate we Deafies and anyone else who are hearing and have different phyisical inabilities?