Moving Beyond

An Arts
& Disability
Strategy
for Wales

Part I of the Act provides definitions
of disability, and explains who is
covered by this law.
It also details exclusions and conditions which are not
covered by the Act.
Part II covers employment issues.
This section of the Act protects disabled people from
discrimination in the field of employment. Part II states
who has obligations under the Act and outlines what is
expected of employers. Employers must make ‘reasonable
adjustments’ if disabled employees are at substantial
disadvantage compared to non-disabled employees.
Employers may not treat a disabled person less favourably
for a reason which relates to their disability, or fail to
comply with a duty of reasonable adjustment in relation
to a disabled employee.
Part III covers provision of goods
and services to disabled people.
All arts organisations have duties under this law. Any
organisation providing a service to the public, even if
that service is free, must take reasonable steps to ensure
that disabled people are not discriminated against when
using the service.
The above duties are all in place now. The final stage,
Part III of the DDA came into force on 1 October 2004.
This phase will introduce new duties on businesses and
service providers. They will have to make reasonable
adjustments to physical features which make access to
services impossible or difficult for disabled people to use.

All service providers should:
Consult with disabled people, particularly service users.
Identify and address the barriers.
Aim to be inclusive.
Part IV is the Special Educational
Needs and Disability Act (SENDA)
The DDA was amended by SENDA to cover education
in Part IV of the Act. It is unlawful for schools, colleges,
universities and providers of adult education and youth
services to discriminate against disabled pupils and
students. None may treat disabled students less favourably
or put them at substantial disadvantage. Schools must
amend policies, procedures and practices that might
discriminate. This includes teaching methods, school trips,
after school clubs and other extra-curricular activities.
From September 2003, colleges and universities have
had a duty to provide auxiliary aids and services, which
includes information in accessible formats, personal
assistance and sign language interpretation.

Part V of the Act covers transport
This part is currently very limited and does not cover
transport services themselves.

Summary
All arts organisations will have some duties under the
DDA. For clarification consult the Disability Rights
Commission’s Codes of Practice on Employment,
Provision of Goods and Services, and SENDA.
The way forward for arts organisations is to aim for
best practice above and beyond the recommendations
of the law. Consulting with and involving disabled people,
and looking for creative ways to improve access and
inclusion will be of benefit to all concerned.
More information and advice on the Disability Discrimination
Act can be obtained from the Disability Rights Commission.
DRC Helpline
Tel: 08457 622633
Textphone: 08457 622644
Fax: 08457 778878
E-mail: enquiry@drc-gb.org
Post: DRC Helpline
FREEPOST, MID 02164
Stratford upon Avon CV37 9BR

A Disability Strategy

for the Arts in Wales

The Arts Council of Wales first produced an Arts
and Disability Strategy in 1995. This was subsequently
updated when the Council restructured in 1997
and has now been revised to take account of
internal and external changes and developments.
This strategy encompasses an action plan, which
will be delivered as part of the Council’s recently
published five-year arts development strategy.

The Wales Context

For many years the disabled peoples’ movement
has claimed that as many as one in four of the
population of Britain are disabled.
The recently published 2001 census shows that
in England and Wales there are 9.5 million people,
18.2% of the population who say they have a long
term illness, health problem or disability which limits
their daily activities or the work they could do.
4.3 million of whom are aged between 16 and 64.

The Legislative Context

The Disability Discrimination Act 1995 (DDA)
was the Government’s response to campaigning
on Civil Rights issues by disabled people and
their allies.

The Arts Context

ACW and the organisations it has funded have,
over recent years, made noticeable progress in
removing the barriers disabled people face when
wishing to access the arts in Wales. ACW introduced
arts and disability action plans and supported
a comprehensive training programme devised
and delivered by Disability Arts Cymru which have
enabled arts providers to develop realistic policies
and practical programmes which have led to the
removal of barriers to participation and access.

A Strategy for Action

The Arts Council of Wales recognises that further
specific action is required to ensure that disabled
people have equal access to facilities, services
and resources in order to participate in the arts
at every level.

Terms and Definitions

‘Disability is the loss or limitation of opportunities
to take part in the normal life of the community
on an equal level with others due to physical
and social barriers’.
Disabled People’s International 1981