Press Release

DRC launches first formal investigation into public sector fitness standards

Regulations and procedures governing entry to, and work in, teaching, nursing and social work will be subjected to the first detailed legal review of their compliance with the Disability Discrimination Act, the Disability Rights Commission announced today (Monday 22 May 2006).

The Disability Rights Commission’s (DRC’s) review will form part of a 12-month Formal Investigation into how training, qualifying and working practices within these professions may be posing challenges to the entry and progress of disabled people.

The DRC has focused on fitness standards in public sector professions because:

• disabled people are far less likely to be working in professional occupations like teaching, nursing and social care than non-disabled people*;
• disabled people are still less likely than non-disabled people to be employed in the public sector*;
• employers, colleges and regulatory bodies have difficulty deciding who is fit to work, study or register, and cases that we have seen show there is a potential for disability discrimination when these decisions are made.

The Formal Investigation will have three elements:

• an analysis of the legislative and regulatory frameworks and associated legal cases;
• an investigation of how decisions are made about whether people are considered fit to train and work in teaching, nursing and social work;
• research on the issue of non-disclosure of impairments and long-term health conditions. For example, do people regularly refrain from telling their employer, college or regulatory body about their impairment or long-term health condition? If so, why, and what effect does this have on their career?

Bert Massie, Chairman of the DRC, commented:

“We want to see disabled people at the heart of British life and making a contribution to our public services. Teaching, nursing and social care could benefit from employing and retaining more disabled people, including those with long-term health conditions. However, these are highly regulated occupations and it appears from our initial work that this may present a barrier to some disabled people and those with long-term health conditions.”

The DRC has evidence on which it has based its decision to undertake this investigation. This includes cases of disabled people prevented from entering or staying in these occupations, including when they become disabled in later life. Additionally, where disabled people enter training in these sectors, they are often pigeon-holed into particular areas of that career where they may not wish to work.

Bert Massie continued:

“We know that health and safety concerns are often wrongly raised in relation to employing disabled people in particular occupations, especially those where there is a perceived risk to the public.”

Notes to Editors

1. ‘Fitness Standards’ covers a range of formal regulations along with the operation of policies, practices and procedures for assessing a persons’ ability to qualify, register and work in a number of public sector professional occupations.

*2. A DRC study (Michael Hirst et al 2004) The Employment of Disabled People in the Public Sector: A Review of Data and Literature found that only 11% of working age disabled people had public sector jobs compared with 18% of non-disabled people. It also showed that in the public sector, disabled employees are less likely than non-disabled employees to occupy the more senior levels in professions such as nursing, teaching and social work. The study showed that 44% of disabled people employed in the public sector are working at more senior levels, compared with 54% of non-disabled people.

3. The DRC works towards eliminating discrimination against disabled people, promoting equal opportunities and encouraging good practice in the treatment of disabled people. It has a range of statutory powers to back up these duties – including the power to conduct Formal Investigations. The DRC may decide to carry out an investigation into any area relevant to the participation of disabled people in society – for example, concerning employment, education or the provision of services.

4. From 22 May further details on the Fitness Standards Formal Investigation can be found at www.drc-gb.org/fitness

5. By focusing the FI on regulated occupations within the public sector, the DRC will be able to use the new Disability Equality Duty (DED) to add weight to its recommendations. The DED – which comes into effect on 5 December 2006 - will have a major impact on providers of health, education and social care services, which will have to show how they are proactively promoting equality for disabled people. The Disability Equality Duty (DED) affects around 45,000 publicly funded organisations, including local authorities and government departments.

6. The definition of disability in the DDA covers people with physical, sensory and mental impairments. It includes people with a range of health conditions such as diabetes, epilepsy, long-term depression and multiple sclerosis. Since December 2005, it has included people with cancer, HIV and multiple sclerosis from the point of diagnosis.

7. The DRC is an independent statutory body responsible for tackling disability discrimination. We aim to bring about equality of opportunity and increased participation for the 10 million people in Britain who have rights under the Disability Discrimination Act.

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