District Councils

Summary of the Changes

The Disability Discrimination (NI) Order 2006 made it unlawful for a district council (city, borough etc.) to discriminate against its disabled members (councillors) when they are carrying out their official business. This new provision gave disabled councillors similar rights not to be discriminated against for a reason related to their disability, and to have reasonable adjustments made for them, as do other disabled people who are protected by those parts of the DDA relating to employment, even though councillors are not employees of district councils. The Code of Practice for Employment and Occupation (2005) is the relevant publication to consult on what steps your organisation will have to take to ensure that it does not discriminate against disabled councillors when carrying out their official business. If disabled councillors have a complaint about disability discrimination, this will be heard in the industrial tribunal.

Who is covered?

A member of council will be protected:

• as a member of the council;
• as a member of any body to which he is appointed by, or is appointed following nomination by the council or a group of bodies that includes the council; or
• as a member of any body if it is a public body.

Which actions are not covered?

A member of a council is not subjected to a detriment by reason of:

• his/her not being appointed or elected to an office of the council;
• his/her not being appointed or elected to a committee or sub-committee of the council; or to an office of the same; or
• his/her not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.

The DDO does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member has a disability.

Councillors and their members: discrimination and harassment

It is unlawful for a council to discriminate against a disabled person who is a member of the council:

• in the opportunities which it affords the disabled person to receive training, or any other facility, for his/her carrying-out of official business;
• by refusing to afford, or deliberately not affording, the disabled person any such opportunities;
• by subjecting the disabled person to any other detriment in connection with his/her carrying-out of official business; or
• by subjecting the disabled person to harassment in connection with his/her carrying-out of official business.

Examples of less favourable treatment and harassment

If a Councillor, who is disabled, is told by a relevant authority that she/he is no longer able to sit on a committee as “she/he has missed too many meetings due to sickness”, this would be less favourable treatment for a disability-related reason if the absences were due to her/his disability. The disability-related reason is the Councillor’s record of sickness absence, and the treatment would be unlawful unless justified.

If a councillor circulates by email a joke about people with mental health problems which another councillor, who has depression, receives and finds offensive, this is likely to amount to harassment.

Councils and their members: duty to make adjustments

Councils have a duty to make reasonable adjustments and this applies where:

• a provision, criterion or practice applied by or on behalf of a council, or
• any physical feature of premises occupied by, or under the control of, a council, places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.

It is the duty of the council to take such steps as are considered reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

Examples of reasonable adjusments

A councilor who has a hearing impairment attends a meeting with the public in her official capacity. She cannot hear any of the proceedings as the loop system is not working. This is an example of a failure to make the reasonable adjustment of providing an auxiliary aid. The council also has anticipatory duties to make reasonable adjustments for the public.

A councilor who is a wheelchair user is attending an official function whereby she is expected to give out certificates to young people who have contributed to their local community. She cannot access the stage as there is no ramp or lift. This is an example of a failure to make a reasonable adjustment.

Overview of the key changes brought about by the Disability Discrimination (NI) Order 2006
Year 2007
(1.3 mb, 9 pages)

Promoting positive attitudes towards disabled people and encouraging the participation of disabled people in public life - A Guide for Public Authorities
Year 2007
(576kb, 108 pages)

The regulations will be available from The Stationary Office. Contact the enquiry line of the Equality Commission if you have any questions.