“Making disability information accessible to individuals from Black & Minority Ethnic groups”
A review of current findings and thinking
June 2008
SID (Social Information on Disability)
as part of an
EHRC (Equality & Human Rights Commission) funded project
Equality & diversity – history & legislation
Introduction
On 1 October 2007, the Equality & Human Rights Commission [EHRC] replaced the three former equality commissions:
- Commission for Racial Equality (CRE)
- Disability Rights Commission (DRC)
- Equal Opportunities Commission (EOC)
The Equality & Human Rights Commission (EHRC) is a non-departmental public body (NDPB) established under the Equality Act 2006. It is accountable for its public funds but is independent of Government. The EHRC deals with disability discrimination as well as discrimination on the grounds of race, gender, age, religion and sexual orientation, and also advises on the Human Rights Act 1998.
Race Equality
The legislation regarding racial discrimination is clearly set out in the Race Relations Act 1976. The Act makes it unlawful to treat a person less favourably than others on racial grounds. These cover grounds of race, colour, nationality (including citizenship), and national or ethnic origin. People of every background, race, colour and nationality are protected by the law. The Act provides protection from race discrimination in the fields of employment, education, training, housing, and the provision of goods, facilities and services.
The Race Relations (Amendment) Act 2000 aims to eliminate institutional racism and it specifically prohibits race discrimination in all public functions (with only a few limited exceptions) and gives public authorities a new statutory duty to promote race equality. The aim is to help public authorities to provide fair and accessible services, and to improve equal opportunities in employment.
Disability Discrimination
The Disability Discrimination Act (DDA) 1995, followed years of campaigning by disabled people and supporters. The Act is intended to reduce discrimination against disabled people in the areas of employment, education, property, the provision of goods, facilities and services and transport.
It has been amended to improve its scope several times, most significantly by the: Special Educational Needs and Disability Act 2001 which introduced provisions to cover education, Disability Discrimination Act (Amendment) (Further and Higher Education) Regulations 2006, the Disability Discrimination Amendment Regulations 2003 bringing in changes to employment and the Disability Discrimination Act 2005 which covers councillors and private clubs.
The Act has come into force in stages from 2 December 1996 beginning with employment New parts of the law relating to employment came into force in October 2004. From October 1999, service providers have had to make ‘reasonable adjustments’ for disabled people, such as providing extra help or making changes to the way services are provided. From October 2004 service providers have had to make ‘reasonable adjustments’ to the physical features of premises to overcome physical barriers to access.
Parts of the law relating to education came into force in September 2002, with other parts coming into force in 2003 and 2005. Further new provisions came into force in September 2006.
Public authorities have been covered by anti-discrimination provisions in relation to all their functions; and certain transport vehicles have been covered by the goods and services provisions. A new duty to promote disability equality was introduced in 2006 – this gives rights to disabled people collectively rather than as individuals.
Equal Opportunities
The Sex Discrimination Act 1975 (SDA) makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. Direct sex discrimination occurs when a person of one sex is treated less favourably on grounds of sex than a person of the other sex would have been treated in the same circumstances.
Indirect sex discrimination can occur where a requirement or condition is applied equally to men and women, but the proportion of one sex that can satisfy the condition is much smaller than the proportion of the other sex. Unless it can be proven that the condition is essential for the job, indirect discrimination may have taken place. It has also been established that discrimination against part-time workers may constitute indirect discrimination against women because nationally, and in most organizations, the majority of part-time workers are women. Restricting employment by means of age limits is another possible instance of indirect discrimination.
The third type of discrimination covered by the Act is victimization. This occurs when an individual is discriminated against because they have exercised their rights under the Act.
The Equal Pay Act 1970 came into force originally at the end of 1975 and its purpose was to eliminate discrimination in pay between men and women. It was amended in 1983 to include work of equal value and most claims are now under this part of the Act. The Act allows an individual to claim pay equal to that received by members of the opposite sex on the grounds that they are doing: like work, work rated as equivalent under a job evaluation scheme, work of equal value - in terms of demands made under such headings as effort, skill and decision-making.
Cultural perceptions & misconceptions
There is a tendency to think of BME communities as homogeneous groups, and to overlook the many differences between and within communities. However, across these groups engagement with services and knowledge of entitlements varies considerably according to socio-economic class and education level.
The taboo around learning disability
in some Asian communities means that parents receive very little support
from within their communities. Women may become lone parents, receiving
little or no support from their family. People in this position may
feel a sense of guilt because of their child’s condition and their
inability to meet the child’s needs. A professional is quoted:
“The situation is so bad that mothers are more likely to seek help
from agencies that are outside their community rather than from Bangladeshi
specialist agencies.”
Reaching Out: An Action Plan on Social Exclusion
The role of extended families
While the idea that BME communities receive support from their extended families is prevalent, in fact in 1992 the Racial Equality Council reported that fewer than half of BME individuals in the UK were living in extended families.
On the edge: Minority ethnic families caring for a severely disabled child (1999) found that fewer mothers in their survey received practical help and emotional support from partners than white mothers in an earlier study. Black African/Caribbean and Indian families were most vulnerable to low levels of support from the extended family. The most cited reason for a lack of support was that no family members lived nearby. Half of the Bangladeshi and Black African/Caribbean parents said they did not have family living nearby. However some Asian parents expressed the belief that they should bear full responsibility for their child and this prevented them from asking for help from their extended family.
Language & communication issues
Improving the Access of Ethnic Minority Visually Impaired People to Appropriate Services (Thomas Pocklington Research)
Cultural and language differences in description may cause a barrier to accessing services. Someone may go to the hospital, for example, complaining of a sick heart and their cardio vascular system may be examined. What the patient actually means is that he is feeling depressed!
Every PCT hospital and Trust in the country has access to the NHS Direct Translation Service online.
Publicity material needs to learn from the existing use of
branding/lettering to attract particular ethnic groups
There may be issues around confidentiality and privacy when family members or friends are asked to interpret.
How to provide information well to Bangladeshi, Chinese, Indian, and Pakistani people. London: National Information Forum; 1998.
Decoration, jewellery, dress and colours can all mean something to people. It is important to get ensure these are right for the people the information is for. Check all pictures and photographs with the community before they are used. Small details can help people feel the information is right for their community.
Several of the research reports found difficulties resulting from poor interpretation and translation services. Printed translations should be checked by the audiences for which they are intended, and a check made that the intended message is being conveyed – the language needs to be simple and straightforward.
For SID, working to meet the information needs of disabled people from BME communities in Surrey, this report highlights:
- Publicity material needs to learn from the existing use of branding/lettering to attract particular ethnic groups
- Check all pictures and photographs with the community before using them
- Printed translations should be checked by the audiences for which they are intended, and a check made that the intended message is being conveyed
- Written translations need to be simple and straightforward
Accessing information
A survey - ‘Consultation with BME Communities for Surrey Supporting People Team, Surrey County Council’, carried out by PS Consultants in May 2005, looked at housing needs in Surrey.
It asked groups working with minority ethnic communities if they thought members of their community or religious group would know where to access housing related help.
Two of the three groups which didn’t think members of their community would know where to access help, were explicitly linked to Islam, and so it may be that particular effort is needed to reach Muslims (as opposed to say, people of Asian background).
While most BME groups were happy to approach their local councils with queries related to housing, groups did feel that there were some specific barriers that would prevent them accessing services: language presented the main barrier, along with a lack of information and a lack of understanding of process and procedures.
Within the Bangladeshi community a member of the opposite sex dealing with their queries is a barrier for women.
91% of Bangladeshi respondents said that written information would be useful to them, compared to just 48% of Pakistani individuals.
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