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Disability Discrimination Act 2005

Volume 494: debated on Thursday 25 June 2009

To ask the Secretary of State for Work and Pensions (1) what mechanisms are in place to ensure that (a) her Department and (b) contractors comply with relevant provisions of the Disability Discrimination Act 2005 in processing benefit claims from those with a mental health condition; (277833)

(2) what mechanisms are in place to ensure that (a) her Department and (b) contractors comply with relevant provisions of the Disability Discrimination Act 2005 in respect of those with a mental health condition in (i) allocating and (ii) administering work experience and work trial placements.

All public authorities are subject to the Disability Equality Duty which requires them to pay due regard to promoting disability when carrying out all of their functions. Some public authorities are also required to publish a Disability Equality Scheme setting out how they will meet the Disability Equality Duty.

The Department published Single Equality Schemes, incorporating disability, race and gender, in 2008. These schemes include a three-year action plan setting out how the Department and its agencies intend to meet their three Public Sector Duties and how they will equality impact assess their policies and practices against them.

In respect of the Disability Equality Duty, they also set out how disabled people have been involved in producing the schemes and setting the direction of travel that would best achieve improvements in outcomes for disabled people. The scheme action plans are monitored and formal progress reports are published annually. All schemes and information can be found on the DWP website.

Where the Department is providing services to the public or delivering public functions, it is required by the Disability Discrimination Act 1995 to make reasonable adjustments to enable disabled people to have access to those services or functions.

There is mandatory training in place for all DWP staff to ensure they have the appropriate cultural and legislative knowledge to understand their responsibilities when developing policies or providing services for disabled customers, including those with a mental health condition.

The provisions in place that ensure a contractor complies with the relevant provisions of the Disability Discrimination Act 2005 are contained in our standard terms and conditions. Section 37 “Unlawful Discrimination” states “the Contractor shall not unlawfully discriminate within the meaning and scope of the Race Relations Act 1976, the Sex-Discrimination Act 1975 or the Disability Discrimination Act 1995 or analogous legislation which has been, or may be, enacted from time to time relating to discrimination in employment.”

Contract managers review compliance with disability discrimination legislation periodically as part of their supplier relationship management procedures.