Skip to main content

One of the answers

From the DRC website. And while we're on: Congratulations on a good job done so far. Sorry to lose you on the 28th. Hope the Commission for Equality and Human Rights can do as well.

Q:

How does this (the Disability Equality Duty) affect procurement commissioning and contracting?

A:

If the contractor is itself performing a public function, standing in the shoes of a statutory body, then it will constitute a public authority and be subject to the general duty in respect of the public functions which it carries out.

If the contractor is not itself performing a public function but merely providing services on behalf of the public authority, the obligations to comply with the duty remains with the public authority that contracts out the function. This means that the contracting public authority, and in particular those procuring or commissioning a service, need to build relevant disability considerations into that process to ensure that the authority is meeting the duty even when the service is being carried out by an external contractor.

Comments

Andy Robinson said…
That's all well and good, but what does this mean? In practice there is a clause in the contract which the contractor 'says' they are compliant with! Who actually checks this ? My best guess is that no one checks to see if the contractor has had a DDA access statement or has had a DDA access audit and a plan of action to put right things that are not compliant. Another set of fine words which mean little in practice because it is not seen as 'my' responsibility to make sure these things are in place! The contractor says but does not do it. The authorities need to take a much harder line on this one and use their money muscle to make sure others are complying or they should not be considered at the contracting stage, when losing out on money comes into it-things will start to move.
27 September 2007 at 13:36
Post a Comment

Popular posts from this blog

website

Just a confirmation of the search for a website host and my website ppeyes will be back on line. The functions are the same - as an independent monitor of how patient and public involvement in health is working with the addition of looking at how LINks will be set up (if they indeed are set up at all). This blog will be used for comments on current activities and developments closely allied to the website. As soon as the site is up and running I'll provide a link. Activities have extended further since ppeyes was taken off line (because it was criticising a government department - more later) in September 2005. I'm now active in service user campaigning and, being a disabled National Health Service User myself, in disability rights.
Post a Comment
Read more

Appeal for Users' ATOS Stories

Mental Health Resistance Network: Judicial Review  Members of the Mental Health Resistance Network (MHRN) have been working with a solicitor towards making a claim for a Judicial Review of the Work Capability Assessment (WCA) which is the assessment used to determine whether we will be granted Employment Support Allowance or sent back to work (if there is any work to be found!). MHRN are just focussing on people who claim on mental health grounds.   MHRN are now at a critical stage in this process as they are very close to being able to make the claim for Judicial Review. However, before theycan do this, it would help if they could find stories that will show the court what sort of problems the WCA causes. So they are looking for people who have been through the process and would be able to tell us about their experience. If people wish, MHRN can present their cases anonymously when they use their evidence. Although it ...
Post a Comment
Read more

SURVIVOR HISTORY NEWSLETTER

>From Andrew Roberts Secretary Survivors History Group http://studymore.org.uk/ studymore@studymore.org.uk telephone: 020 8 986 5251 home address: 177 Glenarm Road, London, E5 ONB Survivor History Group Summer 2012 Newsletter The July London meeting of the Survivors History Group will be held on Wednesday 25.7.2012 from 1pm to 5pm at Together, 12 Old Street, London. Everybody is welcome and refreshments will be provided. The September meeting has had to be moved from a Wednesday to Thursday 27.9.2012 (subject to approval by this Wednesday's meeting) because of the availability of a room at Together.   -------------------------------------------------------------------- The agenda for the July meeting will be drawn up at the beginning of the meeting, but it will include Peter Campbell's regular report back on the research he is leading on the history of Survivors Speak Out and discussion of material received from other people about Survivors Speak Out.  Rick Hennelly has se...
Post a Comment
Read more