Disability V Process, Where's the Equality

 Phew, what a day, so many calls, so much work, so much explaining and educating. If you follow us, you'll know that we always start with educating people on their rights and responsibilities. We don't stop there; we will work to educate public authorities (Government, NHS, Local Authorities, Social care) and business, too, always for free.

 

So today has been all about talking to people and reminding them what reasonable adjustments and their duties under the Equality Act mean.

 

Let's start with what reasonable means and who’s opinion matters. That's an easy one, in my previous role, working with consumer law, an eminent judge, in relation to discussing what reasonable means, is quoted as saying that when defining such words it is not for what the legal expert or judge would mean to be reasonable, but what the man on the Clapham omnibus would interpret the term to mean. "The everyday person."

 

The first step would be in defining reasonable would be, are you looking at this not from a department or business perspective but from a client or user perspective? Your thoughts on the matter as a manager, director, or councillor are not relevant here. To truly understand, put yourself in the place, or as we say, the shoes of the person who has come to you asking for the adjustments. What do they think is reasonable not for you but the big organisation that you work for?

 

The second step is how much you have to do to be reasonable?  If you're a small business, the reasonableness of your actions will depend on the size of your business. Case law shows that the courts will always consider the size of your organisation, including finances, when considering if you have been reasonable. The bigger you are, the more you are expected to do. So, the reasonableness of public authorities, as you can expect, is very high.

 

Not only because of their size but also due to being duty bound by the Equality Act to always consider such issues. It has always been the principle in this country that the government leads (hence the public sector duty) and the markets and people will follow.  If you really want inclusion and Equalities to be important, lead the way,

 

So, what do people in public authorities have to do? This leads to the frustration of the day. Each time, an issue has occurred three different ones today. I've gone to the public authorities or there commissioned services (sorry public authorities, you don't get to say well it’s them not us, it's still your responsibility) and been told that's our policy.

 

Your policies sit at the bottom of the list when it comes to peoples rights. It’s Human Rights, Equalities, the Law (act of Parliament), a governmental department regulation, statutory guidance, and then at the bottom of all that sits your policy. If it doesn't meet the requirements of any of the above legal matters, your policy will not stand the test of fairness in court.

 

Your policies, if you're a public authority according to the Equality Act, should further, if it's likely to affect a disabled person, be consulted on, by way of your duties. If not, then the policy, including the pieces of legislation, can be pushed aside by the courts. Ideally bring in disabled people at the writing stage of the policy, get them to tell you what there needs are, that way you'll save yourself a lot of time and be working towards meeting your public sector duties under the Act.

 

The Equality Act is very clear, where a policy or process is discriminatory. Due to the process, policy, or even building then you are required to make the necessary adjustment to remove that problem.  Discrimination is defined as treating a disabled person less favourably compared to another. This includes another disabled person who may have different needs. Remember that equality isn't about treating everyone the same. It's about treating people according to their needs. This is something that a lot of people struggle with, even very senior people in organisations whose job is to support disabled people. I've actually had a CEO of such an organisation try to tell me that he couldn’t make such an adjustment as it would be not treating everyone equally.

 

This may include changing the policy itself and offering alternative ways of meeting the person’s needs. There are always alternatives you can offer, some are simple say different formats BSL, Brail or if they can't get in to a building or appointment perhaps changing the venue or go visit them in a place that's accessible to them. It doesn't always mean you have to change the building or make costly alterations. Most adjustments are simple, and remember that they need to be reasonable.

 

Most of the time, a proper open conversation will resolve the issue, and a mutual solution can, in most cases, be found.

 

Please keep in mind.  Your policies come way down the list if it doesn't meet the other legislative and other requirements. (Something for ombudsman services to especially think about).

 

One final point: one that was brought up due to today's issues; any adjustments should not be at a cost to the client. So say asking them to get a taxi when there vehicle is broken down, or pay in another way say having a card system for disabled toilets or perhaps even not considering their costs in your policies could lead to discrimination.

 

If you choose at the end of the day not to make the adjustments, you will potentially be open to having legal action taken against you in the courts. No one wants to go there, but at the end of the day, if you're not going to be reasonable, then what choice do you leave?

 

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