Legislation & disabilities

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Disability Discrimination Act 1995: provisions

Made it unlawful to discriminate against a disabled person in:-

  • employment
  • provision of goods, facilities & services
  • education
  • management, buying or renting of land or property

Key points of the act

  • Premises should be reasonably accessible to everyone
  • Businesses must make reasonable adjustments (only those employing over 20 people) - can refuse if risk to company e.g. costs
  • Policy/document should be produced outling anti-discriminatory practice
  • New public transport have access from around 2000 to 2005
  • Individuals can take a complaint through employment tribunal
  • Makes it illegal to discriminate against disabled person in respect of recruitment and training.
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Limitations of DDA 1995

  • Reasonable adjustments - some businesses allowed to avoid making reasonable adjustments to accommodate disabled employees (those that employ under 20)
  • Reasonable adjustments - Some cases, organisations are able to argue that some adjustments are not reasonable as they're not affordable
  • Policies - people produce impressive-looking documents but do not actually act upon them
  • Complaints - not all willing to make complaint under the law. Can be difficult, time consuming & expensive.
  • Public transport - old transport still being used do not have access
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The Disability Rights Commission Act 1999

The act established The Disability Rights Commission - gives general duties & powers to:-

    • work towards the elimination against disabled people
    • promote equalisation of opportunities for disabled people
    • take steps to encourage good practise in the treatment of disabled people
    • Keep the DDA 1995 under review
    • undertake formal investigations
    • assist disabled people by offering information, advice & support in taking cases forward
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NHS and Community Act 1990

Main provisions of the Act

  • Increase the use of community care
  • Increase independence (given choice, autonomy & social support)
  • services more appropriate for the needs of the client
  • a mixed economy of care
  • care management system e.g. assess, plan, implement
  • increased participation in community - improved quality of life


    • Doesn't benefit all clients
    • Less support for those with mental health problems
    • More risks of accidents
    • Funding isn't adequate to fulfill everyone's needs
    • Inadequate resources
    • Some have stopped taking medication
    • Care is only available part-time - places more demand on informal carers
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Care Management System


- Social worker or other health professional visits client at home to assess the person's level of need.

-Check the health mentally & physically of person & others they live with

-Asses the capability of carrying out daily living tasks e.g. cup of tea, washing

- Carried out by observation and interview.


- Care plan is drawn up - Document of someones needs & services required to assist their daily living. Includes timings of when services are provided, review dates

- Drawn up in consultation with client

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Care management system


- Carrying out the tasks set in the care plan


- Checking that services are being provided in accordance with care plan

- Problems are recorded


- Regular meetings with client to see if any changes need to be done

- If care was temporary, further reviewing & care planning do not need to continue

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