Disability definition is too narrow, says Commission

The Disability Rights Commission (DRC) has called for the legal definition of disability to be altered so that anyone experiencing discrimination on grounds of disability can benefit from its protection.

Catherine Casserley, the DRC’s senior legislation advisor, said the existing definition – as set out in the Disability Discrimination Act – “isn’t fit for purpose” since it requires many people to undergo a traumatic assessment process in order to make a claim.

“We want to move the focus from the nature of the impairment and whether or not you fit within one of [various] specific conditions, to whether or not you experience discrimination – because that’s really the key thing,” she added.

In a recommendation to the government’s Office for Disability Issues, the DRC said the legislation should not just be about protecting a narrow range of “disabled” people. What should matter, it argued, is not the individual’s medical condition but the fairness of the treatment that s/he receives.

It also proposed the removal of the current requirement for the effects of an impairment to be “substantial” and “long-term” in order for the sufferer to qualify as having a disability.

Introducing such a change, the DRC said, would make it simpler to identify who has legal protection, producing a more positive approach and bringing the law into line with best practice.

The government is studying the proposal and says it will give its response in due course.