Circular number 3/97

What the Disability Discrimination Act (DDA) 1995 means for Schools and LEAs

Summary of contents

This Circular gives guidance on the implications of the Disability Discrimination Act (DDA) 1995 for schools and LEAs in England. The new rights that the DDA gives to disabled people affect governing bodies and LEAs in three main areas:

• Employing staff: Employers, including governing bodies and LEAs, must not unjustifiably discriminate against current employees or job applicants on the grounds of disability. To enable a disabled person to do their job, governing bodies may have to make reasonable adjustments to their employment arrangements or premises if these substantially disadvantage a disabled person compared to a non-disabled person.
  Governing bodies and LEAs may find this part of the guidance a useful reference document when planning to advertise a post or interview applicants for posts, or when a member of staff becomes disabled. It includes examples of the sort of adjustments which LEAs and governing bodies may need to make.
  
  
• Providing non-educational services to the public: Governing bodies and LEAs must not unjustifiably discriminate against disabled people when providing non-educational services, for example, when they let rooms in the school for community use.
  This part of the guidance also refers to sections of the Act that will come into force later and will make it easier for disabled people to use goods, facilities or services.
  
  
• Publishing information about arrangements for disabled pupils: Governing bodies, in their annual reports to parents, must explain their admission arrangements for disabled pupils, how they will help such pupils gain access and what they will do to make sure they are treated fairly.
  The guidance also covers what is meant by disability and by discrimination and details further sources of advice and guidance on the DDA.
  The guidance applies to all schools unless otherwise stated in the margins.

Enquiries about Chapter II (Employment) of this Circular should be sent to:

Mr Tony Dunne
Teachers' Pay and Pensions Division
Department for Education and Employment
Sanctuary Buildings
Great Smith Street
London SW1P 3BT

Tel: 0171-925 6140
Fax: 0171-925 6073

Enquiries about Chapters I, III, IV and V of this Circular should be sent to:

The SEN Outreach Team
Pupils, Parents and Youth Group
Department for Education and Employment
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT

Tel: 0171-925 5000
Fax: 0171-925 6986

Further copies of this circular can be obtained from:

Department of Education and Employment Publication Centre,
PO Box 5050,
SUDBURY,
Suffolk
CO10 6ZQ

Tel: 0845 602 2260
Fax: 0845 603 3360

Subject area:
Disability; employment; providing goods and services.

This Circular is guidance. It should not be treated as a complete and authoritative statement of the law.

Date of issue:
March 1997

Expiry date:
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Related documents:
The Disability Discrimination Act 1995.

Circular 11/96 (primary schools) and Circular 12/96 (secondary schools) School

Prospectuses and Governors' Annual Reports.

The Education (Teachers) Regulations 1993. Circular 13/93 - Physical and Mental

Fitness to Teach of Teachers and of Entrants to Initial Teacher Training (currently being reviewed).

Code of Practice on the Identification and Assessment of Special Educational Needs.

Superseded documents:
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