[bcab] FW: Scottish public bodies could face legal action for failing disabled people

I wonder what the comparable figures would be for the rest of the UK?
 
Cheers,
 
Derek Naysmith
 
 

  _____  

From: Liz Rowlett [mailto:lizrowlett@xxxxxxxxxxxxx] 
Sent: 27 February 2007 15:36
To: liz.rowlett@xxxxxxxxxxx
Cc: keith.robertson@xxxxxxxxxxx; elaine.wilson@xxxxxxxxxxx
Subject: Scottish public bodies could face legal action for failing disabled
people



Disability Equality Duty Enforcement

   
Scottish public bodies could face legal action for failing disabled people
One in six public sector organisations in Scotland could be facing legal
action after they failed to meet a new duty which came into force last year
to promote equality for disabled people.  
A survey by the Disability Rights Commission (DRC) found that one local
authority, three Scottish colleges, three national arts and cultural
organisations  and a further 38 public bodies have still failed to produce a
Disability Equality Scheme, almost three months after the 4th December 2006
deadline.
 
Aberdeenshire Council was the only one of Scotland's thirty-two local
authorities that failed to produce a scheme setting out what they will do to
promote equality for disabled people.
Major national attractions were also identified: the National Museums of
Scotland and the National Galleries of Scotland have both failed to produce
schemes.
 
The DRC, which has responsibility for overseeing the new Disability Equality
Duty in Scotland, released these disturbing figures today. The DRC is now
writing to all of those bodies identified by the survey, demanding an
explanation from them.
 Adam Gaines, the DRC's Scotland Director, said:  "Ultimately these public
bodies could face enforcement action in the Courts for their failure to
produce a competent scheme.
"The Duty was introduced to ensure that public sector organisations respond
to the needs of the whole community. The harsh reality is that if you are
disabled in Scotland you are twice as likely to be unemployed, have low
skills or live in poverty. It is a real concern that so many organisations
have not complied with the law - Scotland's one million disabled people have
a right to expect equal treatment from providers of public services."
Mr Gaines added, "Many public authorities - including, ironically, some of
those named today - have done some good work in the past to stop
discrimination and to improve employment opportunities for disabled people,
but this new duty is different. It aims to accelerate change and to stop
discrimination from occurring in the first place." 
The further education sector fared among the worst in the DRC's review of
the public sector. Shetland College, Kilmarnock College and Coatbridge
College have all failed to publish a Disability Equality Scheme.  And
two-thirds of Scotland's 47 further education colleges who did produce a
scheme did not properly involve disabled people, another requirement of the
Duty.
Mr Gaines said: "We are particularly concerned at the lack of buy-in from
colleges, given the importance of further education in tackling disability
inequality across Scotland, and their vital role in helping people get
skills and qualifications. In failing to meet the duty, these colleges are
letting down not only their own disabled students and staff but also the
communities around them and local employers."
"Failing to meet this duty will cost public money. If a disabled person is
discriminated against because a council or health board has not identified
and eliminated the cause, then they can be taken to court and made to pay
damages.  Similarly, designing or contracting services without thinking
about the implications for disabled people means they will have to make
changes later and this is an unacceptable drain on public money".
Ends
For further information contact Carol Stewart on 0131 527 4044 or 07776
171278 or Chris Oswald on 0131 527 4030 or 07737 071980.
Notes to Editors
. The DRC is an independent statutory body responsible for tackling
disability discrimination. We aim to bring about equality of opportunity and
increased participation for the 10 million people in Britain - including one
million in Scotland - who have rights under the Disability Discrimination
Act.
. The Disability Equality Duty was passed by the Westminster and Scottish
Parliaments to bring about an end to the discrimination that disabled people
face, because key services like housing, education and health fail to take
them into account and do not address the root causes of discrimination.
. The new duty provides a framework to help public authorities to avoid
discriminating against disabled people in the first place.  They must
involve disabled people, gather more evidence about disability
discrimination and assess how their work affects disabled people, then
publish a Disability Equality Scheme.  The Scheme must include an action
plan showing how they will address discrimination and promote equality of
opportunity between disabled people and others.
. Disabled people, or other persons with an interest including the DRC, can
make a claim for judicial review to the Court of Session if a public
authority does not comply with the general duty.  
. If a public authority does not comply with its specific duty to publish a
disability equality scheme, involve disabled people in the development of
its scheme, impact assess and gather and use evidence then the DRC can take
enforcement action.  The DRC can serve a compliance notice on that authority
stating that the public authority must meet its duties and tell the DRC,
within 28 days, what it has done or is doing, to meet its duties. Failure to
comply with the notice may mean further action in terms of an order from the
sheriff court. 
. The DRC have produced a range of guidance for public authorities and for
disabled people and continue to publicise the duties via conferences and
public speaking.   See www.drc-gb.org <http://www.drc-gb.org/>  for more
information.
Survey results:
. There are 261 Scottish public authorities who have the specific duties
under the DED. There are also a number of British bodies who operate in
Scotland covered by separate Westminster regulations, but these were not
considered in this survey.
. Of the 261 authorities, 45 still have not published a scheme including:
 1 local authority (see above press release)
 3 colleges (see above press release)
 4 grant-maintained schools 
 30 licensing boards
 3 valuation boards
 3 national arts and leisure organisations (see above press release)
 1 police board
 
 
 
Liz Rowlett
Policy, Information and Parliamentary Officer
Scottish Disability Equality Forum
01786 446456
 
 
 
This message is intended only for the addressee and may contain information
that is confidential or privileged.  Unauthorised use is prohibited.  If you
are not the intended recipient, you must not use, alter, disclose, copy,
distribute or retain this message or any part of it and any action taken, or
omitted to be taken in reliance upon the contents is prohibited.  If you are
not the intended recipient, please delete this correspondence from your
system and notify the sender.  Views and opinions contained in this
document, are those of the author and may not represent those of SDEF.  SDEF
does not assume legal responsibility for the accuracy of any information
contained in this document.

Other related posts: