Disability rights, discrimination and the law

People with a disability are protected by the same laws and entitled to the same rights as everyone else. You have fundamental human rights, including freedom, respect, equality and dignity. You have the right to live to your full potential, to make decisions about your own life, and to be free from abuse or neglect.

In many places there are also specific laws and protections that recognize the rights of people with disabilities.

If you feel your rights have been violated, or that you have been discriminated against, you have the right to make a complaint. Support is available if you need advice, information or help with legal representation.

Your rights when using a disability service#

When you start using a disability service, you should be given clear information that explains your rights. Ideally this information is explained to you in person and also provided in writing, so you can refer back to it.

You generally have the right to:

• Request services from a disability service provider.
• Have a say in your own care plan, with the plan tailored to your needs and recognizing your family and carers.
• Ask for your plan to be reviewed, and to get help with planning.
• Make a complaint without fear of being treated differently as a result.

If a provider does not agree that you are eligible for a service and your request is refused, you can usually ask for that decision to be reviewed. It is worth asking the provider what review or appeal options are available to you.

If you use residential or accommodation services#

If you live in supported accommodation, you have both rights and responsibilities.

Your rights include safety, respect, privacy and freedom of movement, as well as the right to make a complaint without retribution.

Your responsibilities include things such as paying any rent or fees on time, and not doing anything illegal or behaving in a way that puts you or another person in danger.

If you are asked to move out of your accommodation, you can usually ask for that decision to be reviewed.

In most cases, disability service providers do not manage money on your behalf. Where a provider does handle some of your money, it should only be small amounts and they must follow strict rules about how that money is managed. You can ask for your money to be returned at any time, and you should receive regular account statements for as long as they hold it.

Visitor and advocacy programs#

In some areas, independent volunteer visitor programs exist. These visitors may attend accommodation facilities for people with disabilities or mental illness, monitor the adequacy of services, and report on what they find in the interests of residents. If such a program operates where you live, you have the right to receive these visitors.

Independent advocacy services may also be available to support people with a disability, including as a last resort when other options have been exhausted.

Making a complaint about a service#

If you feel your rights have been violated or that you have been discriminated against, you have the right to make a complaint.

Disability service providers should have a clear, well-publicized process for managing complaints, and they should make sure people know how to use it. The usual steps are:

• Raise the issue directly with the provider first, using their complaints process.
• If it cannot be resolved, escalate to an independent complaints body, ombudsman or advocate.
• Seek legal advice or advocacy support if you need it.

An independent complaints body or advocate can work with you and the provider to try to resolve the matter. Some bodies can also review certain decisions made for, or on behalf of, people with a disability, including decisions about residential care and about restrictive practices such as restraint or seclusion.

Discrimination and the law#

It is generally against the law to discriminate against someone because of their disability. Discrimination is when someone disadvantages you or treats you in a negative way because of a personal characteristic.

Discrimination is unlawful when it happens in public life, such as in schools, shops and the workplace. Employers, educators and service providers are often required to make changes so that a person with a disability can attend school, do their job or access goods and services. These changes, sometimes called reasonable adjustments, make a workplace or school more inclusive.

Adjustments might include a change in working hours, particular equipment, or a structural change to the building.

Public bodies are often required to respect human rights and to consider them when making decisions. If you think a public authority has breached your human rights, the usual approach is to try to raise it with that authority first. If you cannot resolve the matter directly, you may be able to take it to an independent complaints body or ombudsman.

Where to find legal help#

Legal services can help you with issues relating to your rights, disability discrimination and equal opportunity.

If you have a complaint about an organization or service provider, the first step is often to try to resolve it directly with them. Even then, some legal services can give you information, advice or advocacy support.

When looking for help, you may be able to use:

• Community legal centers, some of which specialize in disability-related legal issues.
• Free or low-cost legal advice services, which can sometimes provide legal representation.
• Directories of free and low-cost legal services, complaint or dispute resolution services, and private lawyers.
• Free, impartial complaint-handling services for people who may have experienced discrimination.

Key points#

• People with a disability have the same fundamental rights as everyone else, including freedom, respect, equality and dignity.
• When you start using a service, you should be given clear information about your rights, in person and in writing.
• You have a right to make a complaint without fear of retribution; start with the provider, then escalate to an independent body if needed.
• Discrimination because of disability is generally unlawful, and providers may be required to make reasonable adjustments.
• Legal services, advocates and complaint-handling bodies can give you advice, information and support.

Where to get help#