The amendments to the Disability Discrimination Act (DDA)
1995 came into force in December 2006. This means that all NHS organisations
have a general duty to promote disability equality and a set of specific
duties, one of which is to produce a Disability Equality Scheme (DES)outlining
how they will meet the general duty. The elements to the general duty are:
To assess if your disability equality scheme is compliant
see the checklist below, which is based on the Disability Rights Commission
(DRC) assessment framework.
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Evidenced
Yes or No
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Comments
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Does the scheme show how the
NHS organisation intends to fulfil its general and specific duties – does the
scheme:
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Reflect all the functions of the organisation, including
partnerships and procurement?
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Outline its leadership commitment?
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Identify the lead person and / or board level sponsor?
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Set out the starting points and relate to previous work
undertaken?
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Involvement of disabled people – does the scheme:
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Reflect how disabled people have been involved in all the
key aspects of the scheme?
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Indicate that this is more than consultation?
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Show how the organisation has involved a wide range of
disabled people / organisations?
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Reflect a wide range of involvement, covering workplace
and service delivery?
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Detail how barriers faced by disabled people have been
identified?
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Demonstrate how involvement has set
priorities for action plans and impact assessments?
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Demonstrate a link with planning activities?
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Identify actions to improve areas such as involvement where
this has been difficult?
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Detail any financial commitment to support involvement?
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Gathering evidence – does the scheme:
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Identify the arrangements for gathering evidence on the
effect of policies and practices for disabled people in respect to the
general duty?
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Cover different monitoring methods and what structures are
in place to collect and analyse data for both employment and service
provision?
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Review existing methods of gathering evidence?
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Identify what evidence is needed?
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Identify measures to be used to identify barriers as well
as successful outcomes?
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State what action will be taken if the data presents
adverse impact?
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Show what arrangements will be put into place to address
any gaps identified?
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Indicate how information is shared with other
organisations?
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The disability action plan – does the action plan:
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Reflect all areas of the general duty?
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Indicate specific targets or steps against a timetable,
with specific outcomes, responsibilities and progress made?
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Separate actions for individual
identifiable departments?
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Detail the priority areas for impact assessment, with
timescales?
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Evidence how the areas for action have been identified?
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Tie in with the organisations priorities and business plan?
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Identify areas which strengthen the organisations capacity
to work towards disability equality? (this should include staff training,
implementation of HR policies)
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Prioritise polices and functions for impact assessment?
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Using the information gathered – does the scheme:
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State how the organisation will use the information
gathered on a regular basis to review the action plan?
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Indicate how the organisation will distribute the information
internally, in training and across departments etc?
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Indicate how the organisation will use the information
gathered to prepare subsequent schemes?
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Indicate how the organisation will use the information
gathered to inform impact assessments?
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Indicate how the organisation trains staff on why the
evidence is needed and how it relates to the duty?
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Indicate how the organisation provides feedback to
disability groups on collection of evidence such as in the annual report?
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Methods for assessing the impact of policies and
practices or the likely impact of proposed policies and practices – does the
scheme:
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Include a statement about impact assessments?
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Detail how impact assessments will be undertaken and
mainstreamed into the organisations decision making processes?
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Detail how impact assessments will cover both adverse
impact and missed opportunity to promote equality?
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Cover how existing policies and functions will be screened
to see if they are relevant for a full assessment and how a priority rating
will be assigned?
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Include how evidence will be gathered including possible
sources of evidence?
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Include details of how disabled people will be included in
the impact assessment process?
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Detail how the organisation will action any adverse impact
identified?
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Include how the organisation will agree and implement the
agreed policy, with any amendments including any monitoring etc?
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Include how the outcomes will be published?
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Publication of the Disability Equality Scheme – does
the scheme:
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Detail how the document will be published in a way that is
accessible both internally and externally to the public?
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Identify elements which can be published as part of
another documents?
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Detail how those involved in the scheme will be given the
document so that involvement is ongoing?
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