RNID: For deaf and hard of hearing people.

What is the DED?

It is a new duty that requires public sector bodies to give 'due regard' to promoting equality for disabled people in every part of what they do. It was created by the Disability Discrimination Act (DDA) 2005 and means that public authorities will have to include disability equality into the everyday way they operate, such as when they create policies, set budgets, provide services and operate as an employer.

Why do we need it?

We know that disabled people can face discrimination from public authorities. They do not always have the same opportunities and choices as non-disabled people because of barriers that society creates – be these physical or attitude-based. This prevents you from enjoying full inclusion in society and equal respect. The DED is a way of tackling this – to eliminate discrimination and promote equality of opportunity for disabled people. It is similar to the Race Equality Duty which tackles institutional racism.

Who will it affect?

There are two parts to the DED. The general duty, which applies to all public authorities, and the specific duty, which only applies to some. Public authorities include:

  • government departments (including agencies), such as the Department for Work and Pensions and Jobcentre Plus 
  • local authorities, including departments like social services 
  • health care – including the NHS, PCTs and hospitals. 
  • governing bodies of schools, colleges and universities
  • police and fire authorities
  • the courts and Crown Prosecution Service
  • some publicly funded museums.

Does it create new individual rights?

No, it doesn't. The DED creates a framework to help authorities deal with discrimination within their own organisations and achieve equality. Someone could ask for a judicial review of the general duty, but only the Disability Rights Commission can enforce the specific duty.

What is the general duty?

It applies to all public authorities when they carry out their functions, such as providing social services or healthcare. They have to give 'due regard' to:

  • promoting equality of opportunity between disabled people and other people
  • eliminating discrimination that is unlawful under the DDA
  • eliminating all forms of harassment related to disability. This includes harassment that is unlawful, and other unwanted activity that is not unlawful. They could do this through policies, such as community safety strategies or recording disability related hate crime 
  • promoting positive attitudes towards disabled people
  • encouraging participation by disabled people in public life
  • taking steps to meet disabled people’s needs, even if this means treating them more favourably than non-disabled people. Public authorities don't have to treat everyone the same. They can treat disabled people more favourably if this is how they give 'due regard' to people's disabilities

What does promoting positive attitudes mean?

Stereotypes and other negative attitudes, such as being  patronising or offensive, can lead to discrimination and restrict disabled people from exercising choice and their civil rights. The DED's aim is to promote equality. As part of this, the authority may need to consider ways to eliminate ignorance and prejudice. These could include improving the ways it communicates with disabled people, or taking action to promote positive images of disabled people in cultural activities.

What is the specific duty?

This duty applies to most public authorities and helps them to meet the general duty and report back on what it is doing. The specific duty is a framework that includes reviewing policies, monitoring progress and gathering evidence, including involving disabled people. The key part is the Disability Equality Scheme (DES), which public authorities must produce.

When did it come into force?

All public authorities that are subject to the specific duties of DED should have published their DES by December 2006.

Who will it help?

Public authorities have a huge impact on all our lives, be it through service, work or general society. So it means that they can make great positive changes and help make society more equal and fair for disabled people by removing barriers and changing attitudes. The DED is a way to help them achieve this.

What can disabled people do?

You can become involved in helping a public authority to prepare its DES. The DED says authorities must involve disabled people. This is more than just consulting them. It means they are actively engaged and part of the process. They can contribute their own experiences and help shape the services and policies that affect them. Involvement must be influential and transparent. You could become involved through local groups, by telling national organisations, like ours, about your experiences, or by joining a patient forum or service user group.

Further information

For more information, go to the DRC website (external link, opens new browser window) or look at our factsheet The Disability Equality Duty (DED) - a guide for people who are deaf.