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'It's against our law, never mind anyone else's': the Disability Discrimination Act 1995 and adults with learning disabilities
- Authors:
- STALKER Kirsten, LERPINIERE Jennifer
- Journal article citation:
- Disability and Society, 24(7), December 2009, pp.829-843.
- Publisher:
- Taylor and Francis
This paper presents the findings of a 15 month study examining Part III of the Disability Discrimination Act 1995 (the provision of goods, services and facilities) in relation to adults with learning disabilities. Interviews were conducted with service providers and disability organisations, while focus groups co-facilitated by self-advocates, were carried out with adults with learning disabilities and family carers of people with profound multiple impairments. The five focus groups each had between three and seven participants. Cases which had gone to court or mediation were also examined along with two legal case studies. The paper presents the collated views of people with learning disabilities in Scotland about the Act and about using services. Awareness of their rights was generally low, although activists were better informed. While usually offered reasonable service in shops, pubs and other facilities, the level of reported incidents of unfair treatment was significant. This could take three forms: being treated with a lack of courtesy and respect, failure to make reasonable adjustments, and outright refusal to serve. Participants expressed a strong sense of injustice when treated in these ways but the majority was unlikely to complain, although a few had challenged unfair treatment. The paper concludes with recommendations for policy and practice.
Taking service providers to court: people with learning disabilities and Part III of the Disability Discrimination Act 1995
- Authors:
- LERPINIERE Jennifer, STALKER Kirsten
- Journal article citation:
- British Journal of Learning Disabilities, 38(4), December 2010, pp.245-251.
- Publisher:
- Wiley
Despite evidence of poor service provision for people with learning disabilities in the UK, very little use has been made of Part III (Goods, Facilities and Services) of the Disability Discrimination Act 1995 by people with learning disabilities. Difficulties faced by individuals who might consider pursuing a claim against a service provider include stress, time and financial constraints. Once a complaint has been made or a claim lodged other legislative barriers can make it difficult to pursue a case. The aim of this article is to investigate the effectiveness of legislative use of Part III of the Disability Discrimination Act 1995 in promoting equality for people with learning disabilities. Effectiveness is gauged through analysis of the legal process engaged in by two people with learning disabilities who made claims against service providers under Part III of this Act. In the first case, a sports centre gave free carer’s tickets to some disabled people but not to others. In the second case, a tattooist refused to give a tattoo to someone with learning disabilities. Both cases took two years before they were heard at court or mediation. The article discusses the complexities of these cases, and offers suggestions to improve the legal process and to make it more accessible to people with learning disabilities.