Introduction
Are you facing challenges accessing public services due to a disability? This article will help you understand your rights under the Equality Act 2010 and the duty of public authorities to make reasonable adjustments for your needs. If you need further assistance, Equality and Human Rights Commission offers valuable resources and support, making it easier for you to navigate your legal issues. Discover how you can ensure equal access to services and what steps to take if you encounter discrimination.
If you have a disability, you may encounter various challenges when interacting with public authorities such as the police, local councils, or other government organizations. Fortunately, the law requires these authorities to help remove barriers that make it difficult for you to access their services. This is known as the duty to make reasonable adjustments, as outlined in the Equality Act 2010.
What Are Reasonable Adjustments?
Public authorities must take action to ensure that you are not disadvantaged due to your disability. They should consider what adjustments are necessary to help you access their services without waiting for you to ask.
When Are Adjustments Necessary?
A public authority is required to make reasonable adjustments if:
- You face disadvantages due to your disability.
- Making changes is considered reasonable and practical.
For example, if a local police department has a rule prohibiting dogs in their cars, but you have an assistance dog, they should allow you to bring your dog with you when you are arrested. This would help ensure that your experience is not worse than that of someone who does not require an assistance animal.
What Are Public Functions?
Public functions include activities like law enforcement, tax collection, and decisions regarding benefits. These functions are covered under the Equality Act, meaning that adjustments must be made to ensure equal access for everyone.
What Constitutes a Reasonable Adjustment?
The type of adjustments that can be considered reasonable can vary based on several factors, including:
- The nature of your disability
- The resources and size of the public authority
- How practical the changes are
- Whether the adjustment effectively addresses the disadvantage you face
Types of Adjustments Public Authorities Can Make
- Change Policies or Practices: Sometimes, a public authority may have policies that unintentionally disadvantage individuals with disabilities. They should change these policies unless doing so would be unreasonable. For instance, if a tax office sends letters that you cannot open due to a phobia, they should find a way to communicate with you that accommodates your needs.
- Provide Extra Aids or Services: Public authorities may need to offer additional support or equipment to assist you. This could include providing interpreters, offering information in alternative formats (like Braille), or giving extra assistance when needed.
- Modify Physical Features: If a building is difficult to access due to physical barriers (like steps or narrow doorways), public authorities should make reasonable changes, such as installing ramps or widening entrances.
What to Do If You Face Discrimination
If you believe you are being disadvantaged because a public authority refuses to make reasonable adjustments, you can ask them to reconsider. If they still refuse, you may have grounds to take action under the Equality Act.
When Can a Public Authority Refuse an Adjustment?
There are situations where a public authority may not be able to make an adjustment, typically if the law prohibits it. For example, a court may not be able to provide a sign language interpreter for jury service due to legal restrictions on who can be present in the jury room. In such cases, it is not considered discrimination.
Next Steps
If you have experienced discrimination or need more information on reasonable adjustments, consider visiting the Equality and Human Rights Commission for guidance. Understanding your rights and the obligations of public authorities can empower you to seek the adjustments you need to ensure equal access to services.
For more info, check out some of our related articles:
- Fight Unfair Treatment: Your Guide to Public Sector Equality Duty
- Understanding Disability Rights: Navigating the Equality Act 2010
- Fight Discrimination: Expert Advice on Equality Act 2010 Rights
- Understanding Disability Rights: Combat Discrimination with the Equality Act 2010
- Understanding Disability Rights: Navigating the Equality Act
