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Mental Health

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This section of the site contains more information on how the Disability Discrimination Act (DDA), as amended by the DDO 2006, can affect individuals with mental ill health, and the duties on employers, schools, colleges, universities and service providers to ensure best practice.

If you have a disability yourself, are the parent or carer of someone with a disability, or support or advise people with disabilities, the new law may affect you as it provides new rights. If you are an employer or service provider who has to comply with disability discrimination law, the DDO may have implications for the way you treat disabled job applicants and employees or pupils or students or customers.

This is not a complete guide to the resources and information available and we would welcome any comments or suggestions for further links in the your say section of the website.

How has the definition of disability changed?

In the Disability Discrimination Order 2006 (DDO), the definition of mental health impairments was changed to cover more people with mental ill health. The law was amended as research had shown that considerably more people with mental ill health were finding it difficult to meet the statutory definition in the courts.

The DDA defines disability as 'a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities'. People with mental ill health had to prove the impairment was clinically well recognised but this is no longer the case. People with mental ill health still have to prove that it has a long term affect and it substantially affects normal day-to-day activities.

Anti-discrimination legislation like the DDA seeks to break down the structural and attitudinal barriers, stigma, ignorance and fear of mental ill health which has prevented people with mental ill health from accessing work, staying in work, accessing services, housing and education.

Information for a person with mental ill health

Do you think you have been discriminated against at work, accessing services or housing, as a member of a union, at school, further or higher education because of your mental ill health? If you are disabled or have had a disability, the Disability Discrimination Act (DDA) and Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) make it unlawful for you to be discriminated against in:

  • employment
  • access to goods, facilities and services
  • the management, buying or renting of land or property
  • education

If your mental health condition meets the definition then you have rights not to be discriminated against in any of these areas.

Downloads: Click here for a Guide for Everybody - Revised |
Click here for an easy to read Guide for Disabled People - Revised |

More Information What is a disability? |
Your rights in employment |
Do I have to declare my mental health? |
Your rights when accessing services and premises |
Your rights in education |

Information for employers

It is unlawful for any employer regardless of size to discriminate against current, prospective or past employees. The DDO makes it easier for people with mental ill health to be covered by the law. This means employers have to make reasonable adjustments for people with mental ill health and direct discrimination cannot be justified.

More Information What is a disability? - info for employers |
Disability discrimination in employment |
What are reasonable adjustments in employment for people with mental ill health? |
Information and support for employers |

Information for schools and colleges

The Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO), as amended, is the law which relates to disability discrimination in education. SENDO and the Disability Discrimination Act (DDA) use the same definition of disability. Since September 2005, it is against the law for schools and institutions of further and higher education to discriminate against a pupil/student for a reason relating to their disability which it cannot justify. Disabled students and learners have rights not to be discriminated against and a right to reasonable adjustments.

Downloads: Summary guide to Disability Discrimination duties for the Schools Sector
Year: 2006 (1.8mb, 300kb, 36 pages)

Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
Year: 2006 (70kb, 7 pages)

More Information What is a disability? - info for schools and colleges |
Disability discrimination in education |
Reasonable adjustments for students with mental health disabilities after the age of 16 |
Information and support for schools and colleges |

Information for service providers and housing

Service providers have a duty under the DDA not to discriminate without justification against a disabled person. They have a duty to make reasonable adjustments to the way services are provided and they have to identify and overcome physical features which make it difficult for disabled people to use their services. All services which are open to the public or a section of the public are covered by the DDA. It does not matter if the service is free or paid for.

More Information What is a disability? - info for service providers and housing |
Changes to service provision |
More support and information |

Useful Links

Government

 

Mental Health Charities

Action Health Logo 



AMH- Action Mental Health |
Aware Defeat Depresssion |


CAUSE LogoCAUSE is a Northern Ireland based charity providing peer-led emotional and practical support to carers and families of people with mental illness. Services include support groups, a helpline, carer advocacy, educational programmes and representation of carers views.
Tel: 028 9023 8294  :   Helpline 0845 60 30 291
Email: info@cause.org.uk
Web: www.cause.org.uk


Northern Ireland Association of Mental Health( NIAMH) |
Praxis Care Group |
Rethink |