Sentences with phrase «disability equality duty»

The inadequate consultation, and a similarly flawed equality impact assessment, meant that the council did not have sufficient information to discharge the disability equality duty.

Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability equality duty) when carrying out their functions in the instant case.

Needs were assessed and reviewed, and service provision decisions taken, in a way which complied with the general disability equality duties despite the fact that the decision maker had not consciously set out to comply with those duties.

The general disability equality duties contained in the Disability Discrimination Act 1995 (DDA 1995), s 49A apply to the exercise of a local authority's functions under the community care legislation.

The issue in R (M) v Birmingham CC [2009] EWHC 688 (Admin) was whether a local authority had complied with its general disability equality duties despite not having consciously taken them into account when assessing a disabled person's community care needs and making service provision decisions based on those needs.

● The council's proposals did not render them in breach of its general disability equality duties under s 49A of the Disability Discrimination Act 1995.

Not exact matches

It is imperative that the duty to accommodate be given full effect, to fulfill the right of people with disabilities to substantive equality, and to «foster a society in which there are no impediments to full and free participation in the economic, social, political and cultural life of British Columbia.»