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According to the 2021 census, the proportion of disabled people across England and Wales was approximately 17.8%. This equates to around 10.4 million people. With so many of us living with disabilities there are many more who are the friends and loved ones of these people. Therefore, it matters that everyone understands the legal rights and protections of those with disabilities. These laws and policies are designed so that disabled people have equal access to opportunities, resources and services so that they can fully participate in all aspects of life. Equality and accessibility are paramount—and to understand them all, we need to examine the legal frameworks that stand behind them. In this article, we’ll provide an overview of the key legal protections available to individuals with disabilities in the UK so that more people are aware of their rights and promote their inclusion.
The Equality Act 2010
The Equality Act 2010 is where it all begins for many of those with disabilities in the UK. It is the central piece of legislation regarding discrimination and equality law in the country and it provides comprehensive protections against unfair treatment and ensures equal opportunities for all individuals, including those with disabilities.
This legislation consolidates and strengthens previous anti-discrimination laws and creates a unified framework that addresses various forms of discrimination across different areas of life.
Disability as a Protected Characteristic
Under the Equality Act, disability is one of the protected characteristics. The Act sets out several key provisions specifically aimed at preventing disability discrimination.
One of the most significant obligations imposed by the Act is the duty to make reasonable adjustments. This duty requires employers, educational institutions, landlords and service providers to take proactive steps to remove barriers that may put individuals with disabilities at a substantial disadvantage compared to others. Reasonable adjustments can include modifying physical environments, providing additional support or adapting policies and procedures to accommodate the needs of disabled individuals.
In addition to the duty to make reasonable adjustments, the Equality Act prohibits both direct and indirect disability discrimination.
- Direct discrimination occurs when an individual is treated less favourably simply because of their disability.
- Indirect discrimination happens when a seemingly neutral policy or practice disproportionately disadvantages people with disabilities.
The Act also mandates the provision of auxiliary aids and services, such as sign language interpreters or accessible information formats, to ensure that disabled individuals can fully access and benefit from services.
The impact of the Equality Act 2010 in promoting equal treatment, accessibility and participation for individuals with disabilities has been profound. It has reinforced the rights of disabled people in crucial areas such as employment, education, housing and public services. By mandating reasonable adjustments and prohibiting discriminatory practices, the Act has helped to break down barriers that have historically excluded people with disabilities, enabling them to participate more fully in society and leading to a more inclusive and equitable UK.
Disability Discrimination Laws
Although the Equality Act 2010 is the primary legislation governing disability discrimination in the UK, there are also several other important laws and regulations that help prevent discrimination and promote equal opportunities for individuals with disabilities.
The DDA
One of the foundational pieces of disability rights legislation in the UK was the Disability Discrimination Act 1995 (DDA). Enacted well before the Equality Act 2010, the DDA was a groundbreaking law that, for the first time, made it unlawful to discriminate against people with disabilities in employment, education and the provision of goods and services.
The DDA introduced the concept of reasonable adjustments, requiring employers and service providers to take steps to accommodate the needs of disabled people. Over time, the DDA was amended and expanded, laying the groundwork for more comprehensive protections under the Equality Act 2010.
Employment of Disabled People
Although the employment rates of disabled people are lower than those of non-disabled people (53.6% compared to 82.5%), the gap is narrowing. In the 10 years between 2013 and 2023, there was an increase in the number of disabled people in work by 2.2 million. However, there is still a lot of work to do.
The SEND Code of Practice
The Special Educational Needs and Disability (SEND) Code of Practice is another significant regulation. The latest statistics from 2023-2024 show that 18.4% of pupils in England have special educational needs and/or disabilities. Of these, 4.8% have an education, health and care (EHC) plan. This means that almost 1.7 million children and young people are affected by SEND.
The SEND Code of Practice becomes essential here. This statutory guidance supports the implementation of the Children and Families Act 2014 and it provides detailed advice to educational institutions on how to support children and young people with special educational needs and disabilities.
The SEND Code of Practice emphasises the importance of early identification, personalised support and collaboration between schools, local authorities and families. It aims to ensure that children with disabilities receive the necessary adjustments and services to access education on an equal footing with their peers.
Equality and Human Rights Commission (EHRC)
The enforcement of disability discrimination laws in the UK is overseen by governmental bodies such as the Equality and Human Rights Commission (EHRC). The EHRC plays a role in promoting compliance with equality laws, including those related to disability. The commission has the authority to investigate instances of discrimination, provide legal assistance to individuals whose rights have been violated and take action against organisations that fail to meet their legal obligations. The EHRC also works to raise awareness about disability rights and guides employers, service providers and public authorities on how to comply with the law and promote inclusion.
The Equality and Human Rights Commission (EHRC) received over 1,000 complaints related to disability discrimination in 2022. These complaints often involve issues related to accessibility, reasonable adjustments and discrimination in various sectors.
Together, these laws and regulatory bodies create a framework for preventing disability discrimination and advancing equal opportunities in the UK. They ensure that individuals with disabilities are protected from unfair treatment and can participate fully in all areas of life, from education and employment to accessing public services.
Accessibility and Adjustments
Accessibility and adjustments are fundamental to promoting equality and inclusion for individuals with disabilities in the UK. Several legal requirements and regulations address this and make sure that people with disabilities can access and benefit from public services, built environments and digital resources without facing barriers.
One key piece of legislation is the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018. These regulations mandate that public sector websites and mobile applications must meet specific accessibility standards. This includes ensuring that digital content is usable by individuals with a range of disabilities, such as those affecting vision, hearing or mobility.
Websites and apps are required to follow the Web Content Accessibility Guidelines (WCAG) 2.1, which provide a framework for making digital content more accessible. By enforcing these standards, the regulations help to ensure that individuals with disabilities have equal access to online information and services provided by public sector bodies.
Another important regulation is the Building Regulations 2010 (Approved Document M). This set of standards addresses accessibility in the built environment, covering various aspects such as accessible entrances, facilities and services within buildings. Approved Document M outlines requirements for features such as ramps, lifts and accessible toilets. It means that new buildings and major renovations are designed to be usable by individuals with disabilities. These standards are critical for creating environments where disabled people can navigate, work and live comfortably and independently.
These accessibility standards and adjustments play a crucial role in removing physical, digital and systemic barriers that could otherwise hinder access to goods, services and facilities for people with disabilities. By adhering to these regulations, public and private sector organisations help to create a more inclusive society where everyone, regardless of their abilities, has equal opportunities to participate fully in all aspects of life.
Advocacy and Enforcement
Advocacy and enforcement are crucial in ensuring that the rights of individuals with disabilities are upheld and protected in the UK. Various organisations work together to promote disability rights, address instances of discrimination and develop a more inclusive society.
Disability Rights Advocacy Organisations
Disability rights advocacy organisations, charities and support networks are important for advancing the rights of individuals with disabilities. These groups are instrumental in raising awareness about disability issues, providing support and guidance to those affected and campaigning for policy changes.
Notable organisations include:
- Scope
This is a disability equality charity in England and Wales. It provides practical information and emotional support as well as campaigns. - Disability Rights UK
This organisation works with other disabled people’s organisations, public bodies, businesses and the government across the UK to influence regional and national change for better rights for disabled people. - National Autistic Society
This is the UK’s leading autism charity and it has been running since 1962.
These organisations offer vital services including legal advice, representation and practical support for those navigating the complexities of disability rights. Through their advocacy efforts, these organisations help to amplify the voices of disabled individuals and push for changes that improve accessibility and equality.
Enforcing Rights
Enforcing disability rights laws and addressing instances of discrimination involve several mechanisms. One primary avenue for legal recourse is through tribunals and courts. The Employment Tribunal, for example, provides a platform for individuals to challenge discriminatory practices in the workplace, while the First-tier Tribunal (Special Educational Needs and Disability) handles disputes related to educational provisions. Additionally, mediation and alternative dispute resolution (ADR) processes offer less formal means of resolving conflicts. These methods can be particularly effective in addressing issues without the need for lengthy legal proceedings, helping to achieve timely and practical solutions.
Raising Awareness
According to the UK Disability Survey 2021, just 8% of disabled people ‘agree’ or ‘strongly agree’ that the views held by members of the public about disability are generally helpful for disabled people.
Awareness campaigns and educational initiatives are important too, and many organisations run these to help challenge stereotypes and misinformation and create a culture of respect and inclusion.
They often work with individuals themselves and provide them with the tools and support they need to advocate for their rights while also encouraging active participation in societal decision-making processes.
In early 2024, the government launched a new Disability Action Plan, which outlined 32 steps to make the UK the most accessible place in the world for disabled people to live, work and thrive. Some of these include:
- Setting up a disabled people’s experience panel.
- Developing an accessible online information hub for families with disabled members.
- Exploring whether the UK could host the Special Olympics Summer World Games in 2031.
- Creating a working group to support those with guide and assistance dogs.
- Providing in-situ British Sign Language (BSL) interpretation for all major press conferences and briefings.
By building a culture of inclusivity and respect, all sectors of society—whether public, private or voluntary—can contribute to a more equitable environment where the rights of individuals with disabilities are fully recognised and upheld.
Conclusion
In summary, the legal rights and protections for individuals with disabilities in the UK are foundational to advancing equality, accessibility and inclusion. The Equality Act 2010, with its provisions on reasonable adjustments, anti-discrimination measures and auxiliary aids, was a significant step forward in ensuring that people with disabilities have equal access to opportunities and services. Additionally, the legacy of the Disability Discrimination Act 1995 and the guidance provided by the SEND Code of Practice underscore the ongoing commitment to supporting disabled individuals in education and other crucial areas.
Legal requirements such as the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 and the Building Regulations 2010 (Approved Document M) further enhance accessibility, addressing both digital and physical environments to remove barriers and promote equal participation. Advocacy organisations, enforcement mechanisms and public education efforts play a vital role in upholding these rights, addressing instances of discrimination and developing a culture of inclusivity.
Despite these advancements, the need for strong enforcement mechanisms, continuous public education and collaborative efforts remains crucial. Addressing barriers, challenging discrimination and ensuring the full participation of people with disabilities require ongoing action. Since almost one-quarter of the UK population has a disability, it’s important to continue working towards a better understanding of disability discrimination so that any existing systemic oppression can be tackled.
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