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ERIC Number: ED508509
Record Type: Non-Journal
Publication Date: 2006
Pages: 91
Abstractor: ERIC
Reference Count: 6
ISBN: ISBN-1-8457-2349-X
Do You Have a Disability--Yes or No? Or Is There a Better Way of Asking? Guidance on Disability Disclosure and Respecting Confidentiality
Rose, Christine
Learning and Skills Development Agency (NJ1)
Many providers are keen to implement the requirements of the Disability Discrimination Act (DDA), seeing this as an opportunity to further improve the experience of disabled learners. However, the DDA Part 4 raises many issues about the ways in which education providers encourage a learner to disclose an impairment in order to make adjustments, the procedures organisations have in place for passing on relevant information, and the ways in which they can respect a learner's desire for confidentiality. National guidance "Disclosure, passing on of information and confidentiality; guidance for post-16 education providers on implementing the DDA Part 4" was published in October 2003 and subsequently released to all post-16 education providers via local LSCs (Learning and Skills Councils). The purpose of this report is to discuss how the sector has responded to this national guidance, the challenges that providers face in implementing the requirements of legislation and to provide some examples of practice in the sector. This report builds on, rather than repeats, the information contained in the national guidance, so providers may find it useful to read this report in conjunction with the guidance document. Section 2 of this report provides an overview of the context of disclosure, summarising the requirements of the Disability Discrimination Act (DDA) and the Data Protection Act (DPA). This section also explores the language of "disability" and the medical and social models of disability. The remaining sections provide practical examples of how the sector has responded to the legal requirements of the DDA and the DPA. Section 3 explores how to encourage disclosure by effectively communicating support options and availability. Sections 4 and 5 examine how to encourage disclosure during admissions and how to provide ongoing opportunities for disclosure. Section 6 discusses confidentiality and the mechanisms for obtaining consent. Section 7 looks at the process of producing disclosure and confidentiality and procedures, while Section 8 considers aspects that influence the successful embedding of these in practice. Appendices include: (1) Suggested training plan and case studies; and (2) Skeleton disclosure and confidentiality policy. (Contains 3 footnotes.)
Learning and Skills Development Agency. Available from: Learning and Skills Network. Regent Arcade House, 19-25 Argyll Street, London, W1F 7LS, UK. Tel: +44-845-071-0800; Fax: +44 20 7297 9001; e-mail:; Web site:
Publication Type: Reports - Evaluative
Education Level: Adult Education; Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: Learning and Skills Council, Coventry (England).
Authoring Institution: Learning and Skills Development Agency
Identifiers - Location: United Kingdom