For web marketing training, presentations and workshops visit Pacifica Training. If you wish to ask questions about website marketing please head over and register free at the website marketing forum, a knowledge base and community driven discussion group.
UK Schools and the Disability Discrimination Act
Published: November 24, 2006
Disability Discrimination Act 1995 (c. 50) - Part III
19. - (1) It is unlawful for a provider of services to discriminate against a disabled person
A recent discovery (for me) has unearthed a surprising fact about the UK's Disability Discrimination Act 1995 regarding schools. There appears to be an exemption for crown funded education services.
Disability Discrimination Act 1995 (c. 50) - Part III - Section 19, subsection 5
(5) Except in such circumstances as may be prescribed, this section and sections 20 and 21 do not apply to -
(a) education which is funded, or secured, by a relevant body or provided at -
(i) an establishment which is funded by such a body or by a Minister of the Crown; or
(ii) any other establishment which is a school as defined in section 14(5) of the [1992 c. 13.]
Further and Higher Education Act 1992 or section 135(1) of the [1980 c. 44.] Education (Scotland) Act 1980;
The above statements appear to offer the opportunity for schools to potentially discriminate by not providing services to children with disabilities. Not being in the legal profession or being experienced in the relevant section of the Act, I do wonder why this is the case. Is it an economic cop-out? Why should schools be exempt? Subsection 5 also includes voluntary organisations too which generally have even lower budgets, sometimes none at all so exemption is understandable.
What about their websites?
This is the main area of interest for me. Are schools and voluntary organisations exempt from the DDA with regards to their website?
If so, and the reason behind it is an economic one, then there appears to be a huge misunderstanding as to how much accessibility costs. Does anyone have any further information on this?
Useful?
Assistance?
Comments
Vincent Clark says:
Martin Sloan says:
Access to and the provisions of education (both pre and post-16) is covered by Part IV of the DDA, which was introduced by an amendment to the DDA made under the SEN and Disability Act 2001, and came into force on 1 September 2002. Part IV contains broadly similar obligations on responsible bodies for schools, colleges and universities not to discriminate against disabled pupils/students and to make reasonable adjustments.
There are also other provisions dealing with the provision of auxiliary aids and services to school pupils under the Education Act 1996 and the Education (Scotland) Act 1980.
The original reason for excluding education from the DDA was, I understand, financial - but largely to do with huge expense involved in finding the funding required to make physical changes to thousands of buildings and premises - many of which are hundreds of years old.
Richard says:
There must be thousands of old pre-war 3 and four storey buildings that physically cannot be made fully accessible, so there must be some form of exemption there, whilst all modern builds must conform.
The disability equality duty aims to phase in standards for disabilities in school that ties in to the DDA. I think the argument is right about money. How can the government back out of there own laws. A charity is fair enough though.