Disability Rights Commission
Email Bulletin no. 16
March 2003

Welcome to the March issue of the Disability Rights Commission (DRC) email bulletin.

In this month's issue:

1. The DRC talks to Maria Eagle MP, Minister for Disabled People
2. “The Office” star joins DRC in nationwide education equality campaign
3. The wrong trousers! DRC takes first case under new education rights
4. DRC poll on disabled people and qualifications
5. Posthumous discrimination award for guide dog owner
6. More DRC success stories
7. DRC Scotland wins Part III appeal case
8. Government recognition for BSL
9. Civil rights for blind and partially sighted people strengthened
10. DRC responds to Government proposals for new transport duties under DDA
11. DRC set to launch Part III campaign
12. People with learning difficulties left out of decisions
13. DRC Yorkshire partnership project
14. Broadcasting industry initiative promotes inclusion for disabled people
15. Learn Direct support DRC publication to help small businesses
16. DRC presents at Wales International Learning Difficulties Group Conference
17. Inclusive fitness equipment design project
18. Your feedback - spread the news!

1. The DRC talks to Maria Eagle MP, Minister for Disabled People

The DRC met with Maria Eagle MP to ask her about her role, the challenges she faces and what the Government plans to do to end disability discrimination.

“I think that we’re going through a period of massive change; legislative change, yes, but also attitudinal change...I think that young disabled people won’t put up with being disabled anymore is a very good sign.”

To read the full interview with Maria Eagle, please go to:

http://www.drc-gb.org/newsroom/newsdetails.asp?id=377&section=4

2. “The Office” star joins DRC in nationwide education equality campaign

As the DRC saw the launch of its major advertising campaign highlighting the discrimination that disabled students face within education “The Office” star Julie Fernandez revealed that she has experienced bullying because of her disability.

The DRC’s hard-hitting advert rolled out across 6000 poster sites and 250 cinemas in England, Scotland and Wales and will encourage young people (16-18 year olds) towards the DRC's Helpline.
To view the advert, please visit the DRC website at:

http://www.drc-gb.org/campaign/

Miss Fernandez said: “I went to a special school for disabled children, however, disabled kids at inclusive schools are often treated differently, bullied, and not given access to proper facilities. The DRC’s Educating for Equality campaign aims to tackle the barriers young disabled people face and to change the attitudes of future generations. Disabled people are capable of anything but, as the DRC’s advertising campaign says, discrimination is the biggest disability.”

The advertising campaign is also backed by the launch of the DRC’s Citizenship Pack for schools. This aims to raise awareness and understanding of disabled people and the issues that disabled people face. The pack has been written to form part of the new Citizenship module of the National Curriculum.

For more details on Julie Fernandez supporting our campaign, please go to:

http://www.drc-gb.org/newsroom/newsdetails.asp?id=373&section=1

To read the press release announcing the cinema adverts, go to:

http://www.drc-gb.org/newsroom/newsdetails.asp?id=376&section=1

3. The wrong trousers! DRC takes first case under new education rights

Six-year-old Louie Valencia, who has severe eczema, has been forced out of school for wearing the wrong trousers. Louie must always wear 100% cotton to stop his eczema flaring up, yet St Eugene de Mazenod School in Camden, London told him that he must wear the school regulation flannel trousers, despite the fact that the material inflamed the eczema on his legs so much that he could barely walk.

Louie and his mother are now taking the school to tribunal under the new Special Educational Needs and Disability Act (SENDA). This is first case of its kind to be supported by the DRC.

Louie’s mother said: “The school made Louie feel that he’d done something wrong…The school have treated us badly and should apologise. We also want them to change their school uniform policy so that other disabled people are not singled out and penalised.”

To read the full press release, click on:

http://www.drc-gb.org/newsroom/newsdetails.asp?id=366&section=1

4. DRC poll on disabled people and qualifications

Disabled people are half as likely to get qualifications. Should there be targets to narrow the gap?
We want to hear your views on the matter. To take part in our poll, please go to:

http://www.drc-gb.org/newsroom/onlinepoll.asp

5. Posthumous discrimination award for guide dog owner

Ian Glover, who was banned from a café because of his guide dog, has won a disability discrimination case following his death. Ian, who had diabetes and a visual impairment had his case supported by the DRC, which won £1,000 compensation in the recent court ruling. His mother, who took the case on behalf of her son following his death last year, is now donating the award to a guide dog charity.

Ian was refused a meal at Hannah’s café in Knaresborough following him needing something to eat because of his diabetes. Mr Lawford, the café owner, refused to allow Ian into the café because of his dog.

Ian died following an illness relating to his disability. However his mother decided to continue to fight Ian’s case, as the incident left him feeling hurt, humiliated and angry.

For more details on this case, please go to:

http://www.drc-gb.org/newsroom/newsdetails.asp?id=374&section=1

6. More DRC success stories

Can’t eat in restaurant because of disfigurement!

Mr B, who is severely disfigured, went into a kebab restaurant for something to eat. However, when he went to sit down, he was told that he wasn’t wanted there! In desperation, Mr B rang the police, asking them what to do. He then returned to the restaurant, where he was told that he could have a take away meal if he chose quickly. Mr B was deeply hurt by this, and very angry.

The DRC brought legal proceedings against the restaurant on behalf of Mr B, in which he was paid £2,000 for injury to his feelings. He received an apology from the restaurant, which also agreed that such treatment would never happen again.

Case goes swimmingly

P, who is aged five and has cerebral palsy, loves to go swimming. His mother asked the local leisure centre to provide a shower chair and height adjustable changing trolley so that P could go swimming there. This equipment was needed because the floor is wet and slippery in the changing rooms, and P had to be carried by his mother from the swimming pool to the changing rooms, which was difficult.
The leisure centre said no to this, stating that they had limited resources, and that it wasn’t reasonable for it to purchase specialist equipment for an individual. However P’s mother proved that other people could use the equipment.

The DRC negotiated with the leisure centre, which then agreed to provide funding, via a local charity promoting disabled people’s involvement in sport, to the value of £5,000. It also agreed to provide the requested equipment, as well as extra chairs for the pool hoists, replacement of other aids, and games for use in the pool.

Day out goes ahead

N was told by his education authority that he wouldn’t be able to attend a school trip along with his friends, because of his disability. Following intervention by the DRC, the Education Authority went beyond its requirements under the DDA and agreed to provide an auxiliary for N so that he could participate in the trip. The Education Authority also agreed to review its procedures in order to avoid a reoccurrence of this type of incident in the future.

7. DRC Scotland wins Part III appeal case

DRC Scotland has recently won a groundbreaking appeal case. It appealed against an original decision when a man was not allowed to eat in a restaurant because of his assistance dog.

When Mr Purves was refused a table a Caffe Romano in Edinburgh because of his dog, he sought legal support with Anderson Strathern Solicitor’s. Anderson Strathern raised a court action against the restaurant, and applied for legal aid on behalf of Mr Purves. However legal aid was refused on the basis that Mr Purves’ claim should be raised as a small claim, where no legal aid is available for this. Anderson Strathern applied to the DRC to support Mr Purves’ case.

The claim was successful, but Mr Purves was only awarded £350 in damages. The DRC felt that this amount was far too low as it didn’t recognise the anger and suffering experienced by Mr Purves, nor did it send the right message to service providers; that it was wrong and unlawful to discriminate because of a customer’s disability. It also meant that legal aid would not be given in discrimination cases.

The DRC decided to appeal, and was successful. Mr Purves’ award was increased to £1,000, with the statement, “£750 is the least that may nowadays be awarded for the very slightest injury to feelings”.

This is a groundbreaking decision. Not only did it properly compensate Mr Purves, it also set a benchmark for future claims.

8. Government recognition for BSL

The Government has formally announced its recognition of British Sign Language (BSL) as a language in its own right. It has also allocated £1 million funding for initiatives to support the move.

Secretary of State Andrew Smith said: “[It] is important for the 70,000 or so deaf people for whom British Sign Language is their first or preferred language for participating in everyday life, and for their families. But it is also important for the rest of society to understand that BSL is a language and what this means.”

Maria Eagle, Minister for Disabled People, explained how the funding will be spent: “Among our priorities are raising awareness of the communication needs of Deaf people who use BSL and increasing opportunities for people to study BSL at a professional level.”

Bob Niven, Chief Executive, DRC commented: “We welcome this announcement, which follows closely to DRC guidance given to the Government over a year ago.”

To read the full announcement, please go to:

http://www.dwp.gov.uk/mediacentre/pressreleases/2003/march/csd1803-sign.htm

9. Civil rights for blind and partially sighted people strengthened

Minister for Disabled People, Maria Eagle has announced that secondary legislation had been laid before Parliament that aims to give blind and partially sighted people greater protection from discrimination. The Regulations, which will come into force on 14 April 2003, make clear that people who are certified as blind or partially sighted will be deemed as disabled for the purposes of the DDA.

Ms Eagle stated: “In the past blind or partially sighted people have had difficulty proving that they meet the DDA's definition of disability in a tribunal or County Court. Clarifying the existing legislation will strengthen the ability of blind and partially sighted people to tackle discrimination.”

The DRC have welcomed the Regulations, along with the Royal College of Ophthalmologists.

To view the Regulations, please go to:

http://www.hmso.gov.uk/si/si2003/20030712.htm

10. DRC responds to Government proposals for new transport duties under DDA

The Department for Transport (DfT) has been consulting on lifting the exemption on transport services from the remit of the goods and services part of the DDA (Part III). If this exemption is lifted it should mean that, for example, a bus driver can no longer refuse to take a disabled passenger simply because he/she is disabled.

The DRC has welcomed these proposals, though we do have a number of concerns around the scope and operation of the legislation that we are urging the Government to address.

For a copy of our response to the consultation, please visit the DRC website at:

http://www.drc-gb.org/campaigns/campaigndetails.asp?id=214

11. DRC set to launch Part III Campaign

On 1st October 2004, service providers will have to address physical features that make it difficult for disabled people to use their services. This will mean that many services, such as pubs, clubs, gyms, restaurants and shops will all have to make “reasonable adjustments” to premises and/or the way the service is provided to ensure that they are accessible to disabled people. These "reasonable adjustments" often involve simple, low-cost changes to premises.

In October 2003, the DRC will launch a campaign across Great Britain to highlight the steps that service providers in the private, public and voluntary sectors need to make so that services are accessible. The campaign will focus particularly on:

• The leisure industry
• Health services
• Local government (councils)
• The retail sector.
Throughout the year there will be a host of activities aimed at raising awareness of the new duties, which will provide the focus of the DRC National Conference in December 2003. The Department for Work and Pensions (DWP) will also be running a complementary campaign aimed at small and medium sized enterprises (SME’s).

For more details on our campaign work, please email campaigns@drc-gb.org or telephone 020 7211 5067.

We have also published several guides for service providers and disabled people about the new regulations. To order these, please contact the DRC Helpline on:

Telephone - 08457 622633
Textphone - 08457 622644
Email - enquiry@drc-gb.org

The Helpline can also provide support and advice to service providers and disabled people on these issues.

12. People with learning difficulties left out of decisions

Many people with learning difficulties are still being prevented from influencing decisions about the services provided for them, according to charity Mencap.

A survey by the charity shows that partnership boards introduced under the “Valuing People” white paper are being marginalised because they have no real power.

The boards are required to have at least two people with a learning difficulty and two carers as members, but Mencap said major decisions about cuts were still being made by social services departments without the boards’ agreement. The survey shows just 27% of partnership boards are open to the public.

To view the Mencap survey, “Out of sight, out of mind”, please follow this link:

http://www.mencap.org.uk/download/out_sight_out_mind.pdf

13. DRC Yorkshire partnership project

The DRC developed this project as a result of research we commissioned, highlighting the need for support on a local, regional and national level for the development of a “Partnership Approach” to promoting the rights, equality, choice and independence of all disabled people by utilising existing local community expertise, knowledge and resources.

We are currently developing a tendering process to secure the involvement of the three key “Partners” for the project, which specialise in the provision of Advice and Information, Casework and Legal Representation.

Key themes for the project include:

• improving access to DDA advice, support, guidance and representation at community and regional level for all disabled people
• assisting local organisations involved in DDA related work to develop their services and networks
• developing awareness of the multiple oppression issues that disabled people encounter
• compiling a draft guidance document on the dissemination of information and advice to disabled people from black and minority ethnic communities.
Although the project is still at an early stage, the DRC has received a great deal of encouragement from stakeholders in the Yorkshire area and we are looking forward to keeping you informed of all key developments for the project through this bulletin.

For further information, please contact Tim McSharry, Regional Partnerships Officer, DRC on Tim.Mcsharry@drc-gb.org

14. Broadcasting industry initiative promotes inclusion for disabled people

Broadcasting industry regulator, ITC, has launched a series of initiatives with the Broadcasting and Creative Industries' Disability Network (BCIDN) to improve the involvement and representation of disabled people in television.

Workshops, aimed at senior programme makers and commissioning editors in the UK, have been organised by the ITC with several ITV regional licensees. Participants will look at ways of involving more disabled people, both on and off the screen.

For more information, visit the ITC website at:

http://www.itc.org.uk/latest_news/press_releases/release.asp?release_id=676

15. Learn Direct support DRC publication to help small businesses

The DRC has re-launched its audio guide, “The DDA - What Do Small Businesses Need to Know?” Learn Direct have supported the publication, which was produced in partnership with the Small Business Service. The publication has proved popular, as many small businesses are worried about what the DDA means for them and how they can go about meeting its requirements.

The guide is a “down to earth” radio programme giving practical examples and advice to small businesses. It is accompanied by a fact sheet giving basic information about the DDA. A copy of the guide can be obtained from the DRC's Helpline.

The Practice Development team is also keen to hear from any small businesses, which are already making positive changes to their premises regarding access for disabled staff and/or customers. To contact the team, please email via:

good.practice@drc-gb.org

16. DRC presents at Wales International Learning Difficulties Group Conference

DRC Wales addressed the Wales International Learning Difficulties Group (WILD) conference, informing the audience of the work the Commission does, and how it can help.

Laura Jerram, Practice Development Officer delivered a presentation based on two legal cases that were supported by the DRC and taken by people with learning difficulties to explain how the DDA can help disabled people win their rights.

A copy of this presentation has now been produced in easy read format. To obtain a copy please contact Laura Jerram at

laura.jerram@drc-gb.org

17. Inclusive fitness design project

The English Federation of Disability Sport’s Operating Company, responsible for the implementation of the Inclusive Fitness Initiative (IFI), has announced a new partnership to ensure the needs of disabled people will be proactively considered when designing fitness equipment in the future.

At the request of equipment suppliers, stimulated by the IFI to learn more about how to provide suitable inclusive fitness equipment, a PhD Research project has been initiated to provide clear guidance and standards to the participating partners.

The project is funded through a partnership between Sport England, Sheffield Hallam University, Montgomery Leisure Services and eleven major fitness equipment manufacturers and suppliers.
For more information, visit the IFI website at:

http://www.inclusivefitness.org/

18. Your feedback - spread the news!

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For up-to-date information, please visit the DRC website at:

http://www.drc.org.uk/