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Cabinet Office   Cabinet Office  
Regulatory Impact Unit
Code of Practice on Consultation - Guidance
 
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People with disabilities

The following points should be considered.

  • Many disabled people have different needs and requirements when it comes to being actively involved in public consultation exercises, which could include seeking assistance from third parties to help them understand written information and put together any reply. This may mean that timescales on consultation need to be more flexible, possibly extended in certain circumstances, and that replies should be accepted by alternative means (including from designated third parties).
  • Part 3 of the Disability Discrimination Act (DDA) requires that service providers make reasonable adjustments to any service they provide in order to prevent it from being impossible or unreasonably difficult for a disabled person to use. The position on what amounts to a service within the terms of the DDA, and whether it is reasonable or not to make adjustments to it, is complex and officials should seek legal advice from in-house lawyers, if required. However, as a matter of good practice, government bodies should look to comply with the spirit as well as the letter of the law.

 

There are some obvious groups where the format in which replies can also be accepted will be a particular issue:

    • British Sign Language (BSL) users - may need to be consulted either through BSL products or via specially constituted BSL seminars (the Government has issued a position statement which recognises that BSL is a language in its own right and this reinforces the need to take into account BSL users when consulting)
      More detailed advice on preparing BSL, and other, products is available in “Let’s make it accessible”. www.disability.gov.uk

    • Learning disabled people – will need easy read versions of the consultation document and it may be helpful to hold specially constituted seminars. More detailed advice about preparing easy read documents and running meetings involving people with learning disabilities is available at -www.mencap.co.uk and - www.doh.gov.uk/learningdisabilities/taskforce. The National Forum for people with learning disabilities is the main representative body for people with learning disabilities.

    • Those who rely on information from the web - many disabled people (most often the visually impaired, access information most easily from the internet. The latest legal advice is that provision of information via a website should be presumed to be the provision of a service within the meaning of Part 3 of the DDA. Therefore, care is needed to ensure that consultation web-pages are genuinely accessible. (For more information visit www.disability.gov.uk.) As a matter of good practice, consideration should also be given to other alternative formats which may assist disabled people when carrying out consultation exercises. These include Braille, large print and audio tape versions of document.

    • While it may be impractical for all departments to have a fully accessible consultation process, warnings, (e.g. sign-posting of potential difficulties), or potential alternative methods of reply for certain groups of respondents, should help to enable greater involvement.