Guide for Funders

Addressing the Rights and Requirements of Disabled People within the Funding Process

Making rights a reality

Research commissioned by the Disability Rights Commission (DRC) in 2001 highlighted the need for support on a local, regional and national level for the development of a partnership approach in promoting the rights of all disabled people. After successfully establishing effective partnerships with key organisations through the Yorkshire Pilot Project, the Partnership Unit is now extending their remit to a national level to develop the DRCs Transfer of Expertise Programme. The Transfer of Expertise Programme offers support to national advice and information agencies through a series of toolkits, documents and partnership working. A significant outcome for the project will be an increase in the number of advice and information agencies supporting disabled people to access their rights. Key themes include:

improving access to DDA advice and information, casework and legal services the transfer of expertise from strategic level to local, regional and national organisations involved in DDA-related work developing awareness of the cross discrimination and oppression issues experienced by disabled people developing resources to enable advice and information agencies to support disabled people to secure their rights.

The DRC would like to work with strategic units supporting organisations offering (or planning to offer) advice, information, casework or legal services. Ongoing support is available for suitable organisations that wish to develop and improve DDA-related services for their client group. For further information please contact the Partnership Unit at partnerships@drc-gb.org This publication has been produced in collaboration with:

Contents
Foreword by Bert Massie, Chair of the Disability Rights Commission 1 2 3 4 5 6 7 8 9 The Disability Rights Commission The Disability Discrimination Act Background information to the guide document Marketing and awareness raising The application process Application and guidance materials Application support Assessment and selection Feedback 2 3 5 16 18 22 28 32 35 39 41

10 Project support, monitoring and evaluation 11 Staff/organisational disability, experience and expertise 12 Resources 13 Adults covered by the DDA

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Foreword
Since our inception in April 2000, weve had the opportunity to work and consult with many voluntary and not for profit organisations. A key and recurring issue in our partnership work has been the problems identified by these organisations in:

identifying and securing sustainable funding for both core and project work understanding and complying with different funding criteria and deadlines balancing the time required to fulfil funders reporting requirements against the demands of delivering a service ensuring that projects are meaningful to the lives of disabled people and also fulfil funders criteria investing and allocating long-term funding, specifically on areas of work and services which go beyond the minimum requirement of government policies and strategies.

In 2003 the Disability Rights Commission undertook a snapshot study of funding issues, involving both funders and applicants. The guidance and recommendations contained in this document reflect our findings and the principle that basic legislative compliance is not enough to challenge the discrimination experienced by disabled people. Grant aiding organisations and public funding organisations (collectively referred to as funders throughout the document) that follow the guidance set out in this book will be actively supporting the DRCs vision of a society where all disabled people can participate fully as equal citizens. Bert Massie Chair Disability Rights Commission

1. The Disability Rights Commission

The Disability Rights Commission (DRC) is an independent body established in April 2000 by Act of Parliament to stop discrimination and promote equality of opportunity for disabled people. Disabled people face extensive discrimination and exclusion. For example, if they are of working age, they are twice as likely as non-disabled people to be out of work and claiming benefits. Disabled people are also twice as likely to have no qualifications. We have set ourselves the goal of a society where all disabled people can participate fully as equal citizens. Who we are here for The DRC works with disabled people, employers and service providers to find practical solutions for everyone. Many disabled people still dont know that they are entitled to rights and assistance in their daily lives. Many employers and service providers often arent sure how to help. The DRC is here to advise. Why the DRC is needed Under the Disability Discrimination Act 1995 (DDA), legal rights for disabled people are already in force. These cover employment, access to services, education, and some aspects of transport and housing. In September 2002 the law was extended to cover access to education for all disabled people. New employment rights and access rights became law in October 2004.

These new changes in the law brought real changes in practice for disabled people. However changes in attitude and awareness are just as crucial. Despite the new law, many disabled people find it hard to take part in day-to-day life and do not have the same chances that others take for granted. The DRC is here to put that right. What the DRC does

Gives advice and information to disabled people, employers and service providers between April 2002 and January 2005 the DRC Helpline received a total of 323,255 contacts. Supports disabled people in getting their rights under the DDA. Helps solve problems often without going to a court or employment tribunal. Supports legal cases to test the limits of the law we funded 84 legal cases in 2002. Provides an independent Disability Conciliation Service for disabled people and service providers through Mediation UK. Campaigns to strengthen the law. Organises campaigns and initiatives such as our current employment initiative to make businesses aware of the benefits of recruiting and retaining disabled employees and providing reasonable adjustments. Produces policy statements and research on disability issues and publications on rights and good practice for disabled people, employers and service providers.

2. The Disability Discrimination Act

The Disability Discrimination Act 1995 (DDA) was introduced to end the discrimination which many disabled people face in their daily lives. The Act covers the following: Definition of Disability (Part 1) The Act identifies someone as being a disabled person if:

they have a mental or physical impairment this has an adverse effect on their ability to carry out normal day-to-day activities the adverse effect is substantial (ie not minor or trivial) and at least one of the following normal day-to-day activities must be substantially affected:

mobility manual dexterity physical coordination continence ability to lift, carry or move everyday objects speech, hearing or eyesight memory or ability to concentrate, learn or understand understanding of the risk of physical danger

the adverse effect is long-term (meaning it has lasted 12 months, or is likely to last for more than 12 months or the rest of the persons life) the definition also includes people who have had a disability in the past that meets the definition in the DDA, even if they no longer have the disability.

There are some special provisions, for example:

impairments such as alcohol addiction and kleptomania dont count as a disability past impairments, which no longer impact on the person, are covered even if the impairment occurred before the DDA came into force registered or registerable blind or partially sighted people will automatically be covered by the definition severe disfigurements are counted.

Employment (Part 2) Since 1 October 2004 the employment provisions apply to all employers (except members of the armed forces) regardless of the number of employees and to all applicants for jobs. There are four types of disability discrimination under Part 2 of the Act:

direct discrimination failure to comply with the duty to make reasonable adjustments disability-related discrimination victimisation.

Direct discrimination An employer directly discriminates against a disabled person if he treats them less favourably because of their disability. To determine whether this has happened, the treatment is compared with how the employer has treated, or would treat, someone without that disability.

Direct discrimination cannot be justified. Example An employer seeking a shop assistant turns down a disabled applicant with a severe facial disfigurement solely on the ground that other employees would be uncomfortable working alongside him. This would amount to direct discrimination and would be unlawful. Failure to make reasonable adjustments The duty to make reasonable adjustments arises where a provision, criterion or practice applied by the employer, or a physical feature of the employers premises, places a disabled person at a substantial disadvantage compared with people who are not disabled. The employer has a duty to take reasonable steps to prevent that disadvantage, these are reasonable adjustments. Reasonable adjustments may include:

making physical adjustments to the employers premises altering hours of work or training fitting an induction loop in the workplace.

The employers failure to make reasonable adjustments cannot be justified. Example An employee with a hearing impairment is selected for a post as a TV engineer. He attends the induction course which consists of a video and discussion. The video is not subtitled and thus the employee cannot participate fully in the induction. The employer has failed to make a reasonable adjustment. This is likely to be unlawful.

Disability-related discrimination An employer discriminates in this way against a disabled person if he treats them less favourably for a reason related to their disability, if that less favourable treatment cannot be justified. Unlike direct discrimination, the treatment is compared with how the employer has treated, or would treat, someone to whom the reason does not apply. Example A woman takes three periods of sickness absence in a two month period because of her disability, which is multiple sclerosis (MS). Her employer is unaware that she has MS and dismisses her, in the same way that it would dismiss any employee for a similar attendance record. Nevertheless, this is less favourable treatment for a disability-related reason (namely, the womans record of sickness absence) and would be unlawful unless it can be justified. Whether the less favourable treatment can be justified depends on whether the justification:

is material to the circumstances of the particular case (that is, there is a reasonably strong connection between the reason for the less favourable treatment and the circumstances of the case); and is substantial (that is, a reason carrying real weight).

The employer also needs to consider whether reasonable adjustments would have made a difference to the reason being used to justify the treatment. For the employers less favourable treatment to be justified, the reason must still have applied even if the reasonable adjustment had been

made. The duty to make reasonable adjustments does not apply if the employer did not know and could not have been expected to know that the employee was a disabled person. Victimisation Victimisation is a special form of discrimination. The DDA makes it unlawful for one person to treat another person (the victim) less favourably than he treats another person in the same circumstances because the victim:

has brought or given evidence or information in connection with proceedings under the Act (whether or not proceedings are later withdrawn) has done anything else under or by reference to the Act has alleged someone has contravened the Act (whether or not the allegation is later dropped) is believed or suspected to have done or intends to do any of these things.

Example A disabled employee complains of discrimination having been refused promotion at work. A colleague gives evidence at the tribunal hearing on his behalf. The employer makes the colleague redundant because of this. This amounts to victimisation. Access to goods, facilities and services and buying or renting land or property (Part 3) Part 3 of the DDA gives disabled people rights of access to everyday goods and services that others take for granted. In addition to the requirement to make adjustments to physical features, service providers are also required to make adjustments to the services around the physical feature.

Duties under Part 3 came into force in three stages: Stage 1: Treating a disabled person less favourably because they are a disabled person has been unlawful since December 1996. Stage 2: Since October 1999, all service providers have had to consider providing auxiliary aids and making reasonable adjustments to the way they deliver their services so that disabled people can use them. Stage 3: Since 1 October 2004 service providers may have to consider making permanent physical adjustments to their premises where physical features make access to their services impossible or unreasonably difficult for disabled people. Examples of physical features include:

steps/stairways kerbs, exterior surfaces and paving parking areas/building entrances and exits (including emergency escape routes) internal/external doors/gates toilet and washing facilities public facilities (such as telephones, counters or service desks) lighting and ventilation lifts/escalators.

The physical features to which the Act applies are not limited to buildings or indoor facilities. They include seating in the street or a pub garden, stiles and paths in a country park, or fixed signs in a shop or leisure facility. Action against disability discrimination in respect of access to goods and services must be commenced in the County

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Court (or Sheriffs Court in Scotland) within six months of the discriminatory act. Most services, facilities and access to goods are covered by the provisions of Part 3 of the DDA. Anyone who provides a service to the public or a section of the public is a service provider. Whether a service is paid for or not is not a relevant factor. There are currently few exceptions eg transport (but only the transport vehicle, not everything else connected with it such as stations, airports and booking facilities). Education (Part 4) The provisions which outlaw disability discrimination in relation to education provided in schools, colleges and universities are contained in the Special Educational Needs and Disability Act 2001 which, since September 2002, has been incorporated into Part 4 of the DDA. Since September 2002 it has been against the law for education providers to discriminate against disabled people (children and persons in post-16 education) for a reason related to their disability in respect of:

admissions and enrolment education and associated services including:

school trips the curriculum school sports student outings, leisure facilities and canteens, libraries and learning centres, work experience and student accommodation.

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There are two ways in which a disabled child in school or a disabled student in post-16 education can experience discrimination:

Less favourable treatment A school or post-16 education establishment may be discriminating if it treats a disabled child or student less favourably for a reason related to his or her disability and it cannot justify that treatment.

Examples A student with dyslexia applies to do a degree in English and is told by the university that it does not accept dyslexic students on English degrees. A student who has mobility problems is told she cannot take part in a recreational trip because of her mobility problems. Less favourable treatment may be justified if it is the result of a permitted form of selection.

Failure to take reasonable steps In respect of schools, a school may be discriminating against a disabled child if it does not take reasonable steps to ensure the child is not at a substantial disadvantage compared to the other pupils at the school. For the time being, the DDA does not require schools to provide auxiliary aids and services such as sign language, interpreters or information in formats such as Braille or audiotape. There may be scope for these items to be provided under the Statement of Special Educational Needs for the child. In respect of post-16 education, colleges and universities do have a duty to consider making reasonable adjustments for students where their disability places them at a substantial disadvantage compared with non-disabled students.

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Transport (Part 5) The Act also allows the Government to set minimum standards for public transport vehicles so that disabled people can use public transport more easily. Disability Equality Duty The Disability Discrimination Act 1995 has been amended by the Disability Discrimination Act 2005 so that it now places a duty on all public authorities to promote disability equality (referred to as the general duty). This duty means that public authorities must, in carrying out their functions, have due regard to:

the need to eliminate discrimination that is unlawful under the Act the need to promote equality of opportunity between disabled persons and other persons, and the need to take steps to take account of disabled persons disabilities, even where that involves treating disabled persons more favourably than other persons.

The Act states that the general duty applies to public authorities, and specifies that public authority includes any person certain of whose functions are functions of a public nature. A person will be exercising a public function where it is in effect standing in the shoes of government and where individuals have to rely upon that person for the exercise of the governmental function. Certain key public bodies, including local authorities, will have to produce a Disability Equality Scheme and they will be required to report on progress. When an organisation is funded or contracted to deliver a service on behalf of the public authority, then it is the responsibility of the public authority to ensure that funding and contracting processes

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include a requirement that enables the public authority to fulfil their duties under the Act. In particular, this should support the requirements of the Disability Equality Scheme and contribute towards the bodies progress. This may include ensuring that the organisation delivering the service:

collects information in relation to their employment of disabled people and the accessibility and suitability of their services identifies action that they can undertake to ensure they are eliminating unlawful discrimination and promoting equality of opportunity for disabled people is assessing the impact of new policies or initiatives on equality for disabled people and addressing any problems is reporting on their effectiveness in eliminating unlawful discrimination and promoting equality of opportunity both in service delivery and employment.

Example A voluntary organisation delivers meals on wheels services on behalf of a local Social Services department. This function would be covered by the Disability Equality Duty. The contract between the Social Services department must include at least the information outlined above plus other information and action required by the authorities Disability Equality Scheme in order for the Social Services department to fulfil their duty in terms of being able to:

report on disabled service users and employees that make reasonable adjustments if feedback indicatesmet. the requirements of disabled people are not being

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This may be best achieved by the voluntary/not for profit organisation producing a Disability Equality Scheme and Action Plan. It should be noted that it does not limit the public sectors obligation to comply with the rest of the DDA.

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3. Background information to the guide document

Research In 2004 the Disability Rights Commission commissioned a report on the outcomes of research into the level of support offered by organisations that manage and administer government funding (public funding organisations) and the barriers perceived by applicant organisations run by or for disabled people. Although the focus of the research was public funding organisations, experience gained through our work with partners suggests that many of the findings are equally applicable to other funding streams. The research was undertaken in three stages: Stage 1: Having identified eight to12 public funding organisations, application and guidance materials issued by these organisations were reviewed to identify the appropriateness of the materials and the extent to which disability access is highlighted. Stage 2: Interviews were held with 12 public funding organisations to discuss their funding application policy and processes in order to highlight examples of good practice and possible barriers that may prevent applicants accessing funding. Stage 3: Telephone interviews were conducted with 14 applicant organisations to map the funding application process and identify the extent to which the process helped or hindered their application for funding.

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The aim of the original research was to identify how funding can be accessed by or on behalf of disabled people and to find evidence of barriers to funding and good practice examples, particularly in relation to physical access to the built environment and reasonable adjustments. Further consultation through the Disability Rights Commissions Partnership Unit identified that the barriers experienced by applicants were not unique to one particular set of providers, eg public funders, or specific issues, eg access and the built environment. The results of this research and information gathered through additional consultation were used to develop recommendations that are equally applicable to all funders / grant aiders and a wide range of issues affecting the lives of disabled people. Support and further information to enable the implementation of these recommendations can be found in the resources section of this document. Recommendations It is not possible or practical to anticipate every eventuality or provide detailed guidance on how to implement each and every one of the recommendations contained within this document. In order to take these recommendations forward in a way that is meaningful to both the funder and existing and potential applicants it is recommended that organisations:

follow up on the resources outlined in the resources section of this document (see Chapter 12) use the recommendations and guidance on resources as the basis for further consultation with disabled people and people with an understanding and knowledge of the barriers faced by disabled people.

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4. Marketing and awareness raising

In order to ensure information on different types of funding and the funding process reaches as wide an audience as possible, many of the funding organisations had adopted specific marketing strategies, using a wide range of media, and where appropriate targeting specific applicant groups. Several of the funding organisations had specialist teams to implement and manage the marketing strategy. Others had less formal structures and systems in place to assist with this activity. The Internet is a key tool used by funders for marketing and raising awareness about grants available. However, ease of navigation, the amount of specific information available and general Web accessibility varied. Other tools included local radio and newspaper coverage, mail shots, articles in specialist publications and dissemination of information through community events (some targeted at specific groups). These strategies were considered to be particularly effective in attracting more local and smaller applicant organisations. Six of the funders operated targets or adopted priorities to ensure that target groups accessed grants. Despite the various strategies adopted by funders, many applicant organisations reported difficulties in finding out about different funding opportunities. This was particularly true where funders limited their marketing to existing applicants or the larger, well known organisations.

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Types of funding available Half of the funding streams reviewed were available for both capital spend and revenue, although the type of spend was weighted by some funders, eg restricting capital spend to a specific percentage. Capital spend for access work is generally limited to supporting the development of the service, eg an organisation seeking funding to develop an advice and information service for disabled people may also seek capital funding to ensure that their premises are accessible. Just over 50 per cent of the funders interviewed included matched funding as a requirement, ranging from 10 per cent to 55 per cent of an applicants total budget. Matched funding presented various problems for applicants, in particular where:

funding criteria and objectives varied applicants experienced problems in identifying funders with a sound understanding of the rights, requirements and aspirations of disabled people funding timetables varied.

Some funders have adopted a policy of not subsidising the cost of DDA compliance for organisations delivering existing services, as it is acknowledged that this should already be integrated into service provision. Whilst most funders would not consider funding projects which do not comply with the DDA, one had a specific policy to only fund disability-related projects that go beyond simple compliance with the DDA. In order to ensure that disabled people are not simply restricted to disability-related opportunities, there is a need to

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consider how mainstream applications can be developed to increase the participation of disabled people. Recommendations Adoption of the following recommendations will enable applicants to identify appropriate funding streams for their needs and, where applicable, find the appropriate level of support and guidance to ensure their application is successful. Additionally, by requiring projects to fulfil objectives that go beyond the minimum legislative requirements, funders will be contributing to the development of services and opportunities that make a significant difference to the lives of disabled people. They will:

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ensure that the number of funding streams is minimised and focused, always providing clear guidance, so that applicants can easily identify the most appropriate stream for their needs provide both capital and revenue funding, ideally in the same funding stream, to avoid gaps where some items do not count as either capital or revenue require that all applications for funding comply with the requirements of the DDA ensure all applications for disability-related projects demonstrate benefits that clearly exceed the requirements of the DDA where feasible use funding to encourage organisations to go beyond simply fulfilling legislative requirements and to seek to improve the lives of disabled people through the adoption of good practice consider the provision of additional funding support to facilitate the participation of disabled people within

mainstream projects, eg support to meet additional transport costs for disabled people

consider using intermediary specialist agencies or a regional structure to create accessibility and focus, especially in areas (eg the arts) where applicants may lack the specific expertise.

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5. The application process

Several of the funders interviewed required applicants to involve users in the application process to ensure that projects met identified needs in a meaningful and attainable way. Where potential users were not already part of the organisation, applicants had consulted with specific user groups, including disabled peoples groups or involved user groups, to develop the application.

Key learning point Consultation and representation Historically, the needs of disabled people have been identified with little or no consultation with disabled people. This has resulted in the development of inappropriate and often inaccessible services. An important criterion for any project seeking to deliver services to disabled people should be evidence of consultation with existing and potential disabled service users. The extent of the consultation will, of course, depend on the resources of the funding applicant. However, at a minimum the applicant should be able to demonstrate that they have either consulted directly with disabled people or used up-to-date research outcomes to demonstrate the need for the service. Additionally, applicants able to demonstrate consultation with disabled people on how the service is to be delivered are more likely to meet the targets and desired outcomes set by the funder. Funders are often confused by the different types of organisations claiming to represent disabled people.

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Representative organisations fall into two main categories outlined below: Organisations of disabled people These are organisations run by disabled people and set up to directly represent the requirements of disabled people. Generally speaking, their management committee and employee/volunteer structure will consist almost entirely of disabled people. Organisations for disabled people These organisations might not have representation of disabled people on their management committee or amongst their workforce. However, many are beginning to recognise the importance of including disabled people in their decision-making processes in order to meet the requirements of disabled people. These organisations often start from the basis of delivering a specific service or responding to a perceived need. Their credibility amongst disabled people will be very much dependent on their ability to show that they have consulted and involved disabled people in all aspects of their organisation. It is not for the Disability Rights Commission to make a judgement as to the credibility of either. However, it should be recognised that disabled people are not a homogenous group, and therefore it is unlikely that one organisation will be able to represent the views of all disabled people. When assessing projects, we would advise on a consultation process that involves many different types of organisations, representing a diversity of experiences and requirements, and a focus on how:

the need for the service/project has been identified

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project delivery and outcomes go beyond simple compliance with the DDA the service/project will be delivered the service directly and positively impacts on the lives of disabled people the project provides additional benefits to disabled people, eg employment and volunteering opportunities evidence of consultation with disabled people is shown.

Deadlines for submissions varied across funders and presented both opportunities and barriers to organisations seeking funding. The adoption of different timetables by individual funders presented an additional problem where matched funding was a requirement. When setting a timetable for bids, funders need to consider how organisations gain access to this information and, where appropriate, target under-represented applicants. Examples A budget-related call to quarterly or twice yearly submission dates enables organisations in the know about the fund timetable to plan their applications. However, many organisations with limited resources and limited access to information complain that they find out about funding too late. Submissions linked to funders regional objectives enable organisations to ensure their projects are part of a larger plan. However, if the funders objectives do not easily link into the requirements and aspirations of disabled people, then the opportunity to make a significant impact into the lives of disabled people living within the region may be lost.

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An open-ended policy to funding submissions could mean resources are used up before organisations get to hear of them. However, monitoring to evaluate a low take-up of specific applications, supported by targeted promotion to address under-representation, could reduce the negative impact of this approach and enable organisations to develop projects according to requirement and resources, rather than simply responding to externally driven timetables. Many funders had a one-stage funding process which meant that applications were submitted and then assessed. This approach may put applicants developing more complex projects, or those with little experience of funding applications, at a disadvantage. A number of funders operated the following two-stage process, which enabled the exploration of complex issues and resource requirements, and enabled the less experienced applicant to gain an understanding of the funding process before they submitted their final bid. Stage 1: Developing the bid A period of time (one to 12 months in most cases), financed by the funder, during which the applicant could undertake investigative work and buy in project-related expertise. Stage 2: Applicant submission The submission of the final application and supporting documentation included detailed work plans, access audits and financial forecasts. Several funders required applicants to take into account the access requirements of the DDA, with a small number requesting information or proposals for an access audit and access plan. The absence of funding to pay for such audits

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could limit the eligibility of smaller organisations. However, the complexity of an access audit, and hence the cost, will be dependent on the size of the asset. This was not a problem where funders included and funded a project development stage. Most funders required evidence of an Equal Opportunities Policy. One funder assessed applicants Equal Opportunities Policy by a visit or telephone interview. Recommendations The adoption of the following recommendations will enable funders to provide support to inexperienced funding applicants and the effective development of complex projects. Additionally the implementation of these recommendations into the funding process will ensure that applicants do not waste valuable employee/volunteer time completing applications that will not fulfil funders requirements. It is recommended that funders:

Ensure that the application process is clear and transparent, identifying stages and timeframes and sticking to them. Consider an early filtration stage for larger bids so applicants can have an indication of whether their proposals are of interest. Consider following this with a project development phase, where applicants are resourced to undertake feasibility assessments, access audits and bid development. If possible, operate a roll-on-roll-off application cycle, with frequent or no deadlines. This is helpful if disabled people need more time to complete an application and helps ensure that applications are made in response to service requirements, and not to chase funding.

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Require the applicants to provide evidence that they have considered how equality and diversity issues in general and disability issues in particular would be taken into account in the project. This should include the provision of a project-specific equality strategy, evidence of consultation with user groups and an access policy and audit where applicable. For small grants avoid the need for matched funding. Where matched funding is a requirement, provide a flexible bidding timetable to enable applicants to secure the necessary funding. Promote the requirement to undertake access audits and the development of access plans. Support this requirement with appropriate levels of funding to enable applicants to undertake audits and prepare access plans.

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6. Application and guidance materials

The ease and accessibility of application and guidance materials were a significant factor in the success of applications. Providing a wide range of accessible sources through which the materials could be accessed increased the likelihood of organisations pursuing and completing funding applications. Application forms, guidance documents and materials were made available through a variety of sources:

Direct mailing Documentation was available on CD-ROM or hard copy. Some funders provided large print versions on request. Downloaded from the Web Websites varied in their accessibility. Some sites were overloaded with information and others required detailed searches because the relevant information was stored on different parts of the website.

Email Many of the funders emailed applications and guidance material directly to applicants. Flow chart/diagrammatic guidance Several of the application packs contained step-by-step completion instructions; some provided this in a clear diagram format. Additionally several of the funders provided clear guidance on equal opportunities and the nature and content of supporting evidence.

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Audio format Some funders provided audio copies of application forms and guidance notes. One funder noted that providing separate tapes for the application form and the guidance notes presented additional problems for applicants, as they had to keep swapping between the two tapes in order to follow the instructions.

A small number of funders had reviewed their packs in light of consultation with users and people with an understanding and awareness of disabled peoples issues. Most application packs contained an evaluation form focusing on the ease of the application process and the contents of relevant documentation. In some cases, particular attention was given to feedback from disabled user groups. Packs covering more than one level of grant were found to be confusing to applicants. Recommendations By adopting the following recommendations, funders make it possible for a wider range of disabled people to participate in the funding process and develop projects which reflect the real aspirations, rights and requirements of disabled people. In recognising disabled people as funding applicants (rather than simply as receivers or beneficiaries of project outcomes), funders will directly address the discrimination experienced by disabled people when reliant on services that are identified and delivered in isolation of their views or requirements. For example funders should:

seek advice in order to review all materials to ensure

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compatibility with current communication/assistive technology

ensure that materials are available in a wide range of accessible formats on request, including:

Braille Audio Large Print (Font size 16-22) Easy Read

accept applications in any format where audio guidance (eg tapes) are made available, ensure that the guidance follows each question on the application form (reducing the need for applicants to swap between tapes or scroll through a tape to link in the question to relevant sections in the guidance notes) as a standard, make material available through various media eg direct mailing, websites etc ensure that websites meet accessibility guidelines, some examples of this include:

keep links to a minimum, ensuring only necessary and genuine links are identified ensure ways of navigating are consistent eg in terms of appearance and what they do use different (but accessible) text formatting, to show the structure and hierarchy of links show links back to the home page on every page make searching accessible ensure page titles reflect their content avoid complicated structures of information

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provide contrasting text provide a text equivalent for every non-text element limit the use of pop ups and new windows

ensure that electronic versions of application materials are compatible with applicants systems (which may not be as sophisticated as the funders), and take account of the requirements of disabled people provide a checklist of all materials required and how to access them and make sure they are all in one place and easy to access Crystal Mark all materials to help ensure clarity and make them as brief as possible have separate application forms and guidance for each funding stream ensure that application forms are as streamlined as possible provide examples of how funding has been used to benefit disabled people or disability organisations provide guidance on equality legislation, compliance and best practice with a specific selection on disability, including access issues (attitudinal and intellectual as well as physical).

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7. Application support
The level and range of support available to complete applications can have a significant impact on whether funding is pursued. Many organisations do not have dedicated funders, and the option to secure support through a wide range of communication methods may influence whether applications are completed and meet the funders requirements. Support (including pre-application support) was provided in various ways eg:

Email Applicants receive responses to questions or comments on their draft application via email. This method is particularly useful where travel or regular contact with funders via other means may prove problematic.

Telephone and meetings Applicants receive support either via telephone meetings or face-to-face meetings. Telephone support is particularly useful where travel may be a problem. Some funders also provided interpreters eg BSL interpreters for meetings.

Input from experts Applicants are mentored or supported by an expert in the chosen project area. The availability of advice from experts in the area covered by the project, enables applicants to ensure the development of viable bids that meet both legislative and professional requirements, and reflect realistic resource analysis. Involvement of experts could include a disabled adviser

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with particular knowledge of the rights and requirements of disabled people, or a panel of disabled people representative of potential users of the project, in the chosen area.

An appraisal of outline funding bids The provision of early feedback on the funding application enabled applicants to ensure that they fulfilled the funders criteria, and provide additional information and evidence to support their bid.

The provision of contacts for additional support In a number of cases, funders provided contacts with disability groups and organisations.

Recommendations The adoption of the following recommendations will ensure that funders are able to choose from a more diverse range of applications, and address the requirements of groups new to funding (many of whom come from minority groups): It is recommended that funders:

Provide sustainable development and capacity-building support for small voluntary and community user-led groups. This could be provided directly or by specialist voluntary sector umbrella organisations. This is important as currently there would appear to be some dominance of larger providers over small ones in the disabled peoples sector. Provide networking opportunities for small voluntary and community organisations and user-led groups to enable them to link up with larger organisations and access funds aimed at strategic partnerships or for capital funding.

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Provide a nominated officer to help applicants through the process. Provide a choice of communication methods through which support is provided. Provide support for applicants unable, eg because of an impairment-related issue, to complete the application form. Provide regular and accessible opportunities for applicants to receive free application support on their project proposals in ways appropriate to applicants needs. Signpost to local, regional and disability organisations as appropriate. Details of local groups within the applicants area will be available through the local community development section of Local Authorities; additional national sources of contacts are contained in the resources section of this document. Provide targeted application seminars (inexperienced applicants have different needs to experienced ones), through which applicants can gain an understanding of the different funding stages outlined in this document, and the setting of targets and objectives to meet funding objectives. Provide advice to applicants on their duties under the Disability Discrimination Act, Race Relations Amendment Act and the Sex Discrimination Act, including where to seek additional help and information.

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8. Assessment and selection

By gaining an understanding of the rights and requirements of disabled people, and the barriers faced by disabled people in securing their rights, funders reduce the possibility of their selection process inhibiting applications for disability-related projects. Applying this understanding to the development of assessment criteria can greatly improve the success rate of such applications. The majority of funders interviewed:

provided details of funding criteria to applicants assessed bids through panels required applicants to have an equal opportunities policy covering employment and/or service delivery did not require applicants to demonstrate how equal opportunities would be put into practice did not focus specifically on disability access and compliance with the DDA had an appeals process in place for unsuccessful applicants.

Good practice example One funder required applicants to demonstrate how they would make their premises accessible to disabled people and demonstrate increased participation by disabled people. Some funders and applicants were concerned at the lack of flexibility of targets appropriate to disabled people. For example, employment and training are key outputs for some funding streams, whereas outcomes relating to participation may be more appropriate to certain groups of disabled people.

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Good practice example One funder required applicants to prove the need for the project and set their own targets.

Key learning points Mainstreaming Ultimately, disabled people need and have the right to access mainstream services. However, the historic exclusion of disabled people at all levels in society, and in particular the denial of the right of disabled people to represent their own requirements, means many organisations struggle to make adjustments in order for this to happen. As a result, many disabled people chose to turn to the voluntary sector and not-for-profit sector to deliver services to them or at the very least, to act as advocates in securing their rights and requirements. This issue was specifically highlighted at the Disability Rights Commissions Our Rights; Our Choices conference in 2004, where black and minority ethnic disabled people stated that mainstream provision often did not meet their cultural, social or independent requirements. Additionally some of the participants said that they would prefer to receive some services through their own community organisations. In some cases an applicant may be applying for funding to fill in a gap in mainstream service provision. This can present problems for funders, as they quite rightly do not want to be allocating resources to services which should be provided by statutory organisations. Equally, the refusal of such applicants could perpetuate the discrimination of groups whose needs are not currently accommodated within mainstream provision.

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A possible way forward for funders may be to require applicants to provide evidence that this service is not currently available and set a project target or outcome that demonstrates how the applicant will take action to influence and advise the mainstream provider of the gap in service provision.

Recommendations The adoption of the following recommendations will ensure that funders address the current imbalances in funding applications for disability-related projects. When equality proofing their assessment processes, funders may wish to refer to the Equality Standards for Local Government (2001). Although designed primarily for largescale public sector organisations, a number of the criteria contained within the Standards could be easily adapted to enable an equality assessment of smaller organisations. For example funders could:

Through consultation with disabled people and disabled peoples organisations develop criteria which is meaningful to the rights, requirements and aspirations of disabled people. Develop guidance on assessment criteria and scoring (eg a step-by-step guide that goes through each of the assessment questions). Ensure that service users and employee equal opportunity issues are prominent in the selection process and that disability issues (for all relevant groups) are specifically included. There are a variety of methods of doing this:

gateway questions

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weighting questions appraisal of the organisations equality and diversity policy and strategy appraisal of the organisations access policy and audit.

Ensure that an assessment of the applicants equal opportunities policy addresses both employee and service user rights and requirements. Ensure that training is provided for all assessors, and that focused equality checking and monitoring procedures are in place to ensure consistency in the scoring process. Establish an appeals procedure and make applicants aware of this when bidding and when they are informed in writing that their bid has been unsuccessful. Keep the selection process flexible, so for good projects there is the opportunity to attach conditions to the award offered, eg to improve equality and diversity policy or practice. Consider positive action to encourage the participation of disabled people and their representative organisations in funded projects, eg by funding projects that actively seek to recruit and retain disabled people. Evaluate why disability projects fail so that guidance and application processes can be strengthened to give potential applicants clearer advice and avoid groups wasting time.

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9. Feedback
All of the funding organisations interviewed provide feedback to unsuccessful applicants. Feedback included the reasons why a bid failed and was usually in the form of a letter. Feedback to unsuccessful applicants was considered to be important, particularly where a small number of issues needed to be addressed to turn the application into a successful bid. Some funders provided practical solutions, where success was low for certain groups. Good practice examples One funder provided application briefings for a particular group of applicants whose general standard of application was weak. Another funder operates a programme to help with the management and financial aspects of running a project. Unsuccessful applicants are referred onto the programme to develop the relevant skills, so as to be in a better position to secure funding next time round. Recommendations Feedback to unsuccessful applicants is an essential part of the process, and will enable applicants to both target their funding applications and to ensure that future bids reflect funders requirements. Where possible, feedback should be made available before the deadline for bid, to enable inexperienced applicants to further develop their applications:

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Provide constructive, specific and detailed feedback to unsuccessful applicants on how to improve their bids for future bidding rounds. Signpost unsuccessful applicants to sources of expertise to strengthen aspects of their bid or to more appropriate funding streams. Provide early feedback to unsuccessful applicants as to how their bid could be enhanced or suggestions on how the project could be better implemented. Provide written feedback in the first instance, followed by the opportunity for the applicant to discuss the conclusions by telephone or in a meeting where resources permit.

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10. Project support, monitoring and evaluation

Although all funders interviewed monitored the number of disabled people accessing projects they fund, the majority did not break the information down into categories eg visual impairment, hearing impairment, mobility impairment, learning disability or mental health survivor. Good practice example One funder provided a breakdown by funding to groups representing various types of impairment eg hearing impairment, visual impairment etc in their policy paper. Project monitoring varied greatly between the different funding regimes and was dependent on the level of the award and available resources. There was a particular emphasis on the provision of project funding, rather than core funding, which meant applicants:

were unable to make long-term service development plans were constantly chasing funding in order to maintain their work often had to make employees redundant until the next raft of funding was received, resulting in the breakdown of services and the loss of experienced staff.

Monitoring activities tended to focus on the achievement of targets and milestones to release funds and to achieve overall programme targets. However, there was evidence of

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some funders attaching greater importance to qualitative outcomes and the delivery of equal opportunities. Projects with an element of funding for disabled peoples access were usually checked to ensure compliance with the Disability Discrimination Act. Good practice examples One funder evaluates all projects, against a set of performance criteria, to ensure compliance with the Disability Discrimination Act and addresses more general disabled people's issues. One funder requires evidence that the project will deliver outcomes that go beyond the minimum requirements of the Disability Discrimination Act. Several funding organisations provided a named case officer or mentor to support successful bids, either through visits or the provision of telephone support. Some funders launched projects with a specific event or seminar which enabled successful applicants to network and raise issues or ask questions. Good practice example One funder held a number of training events covering issues such as the meaning of inclusion, promoting inclusive play and inclusive play ideas. Supporting material for these events included information on the social model of disability, language and terminology, empowerment, communication and signposting to other agencies. Some of the larger funders are themselves subject to external programme evaluations and included equality mainstreaming as part of their own mid-term review of the

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programme as a whole. One of the recommendations of this mid-term review (not implemented, because of time restraints) was to identify whether resources were going to:

organisations led by disabled people major charities other organisations simply targeting disabled people as one of their beneficiary groups.

Key learning point Diversity amongst disabled people In 2004 the Disability Rights Commission held a conference to consult black and minority ethnic disabled people on meeting their advice and information needs. Although specifically targeted at advice and information provision, comments from attendees clearly indicated that service providers often assumed that the requirements of all disabled people were the same and were unable to take into account issues such as cultural requirements. As a result black and minority ethnic disabled people were forced to choose between their identities as disabled people or as black and minority ethnic people. There was a clear demand from participants for service providers to take a more holistic approach. Additionally, service providers attending the conference expressed the need for more support and advice in order to understand how to develop their services to meet different requirements.

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Recommendations Effective monitoring of applicant organisations, types of projects and beneficiaries of projects, will enable funders to assess under-representation in applicants and target their marketing to address this. Recommendations are given below.

Provide a mix of core and project funding, to enable organisations to develop services and retain an appropriate skill level within the organisation. Ensure project monitoring requirements are appropriate for the size of grant awarded. Ensure outputs can be flexible to take account of target group needs. Make greater use of outcome, impact and soft indicators to take account of disability target groups and their potential difficulties in achieving outputs over the short-term. Consider the use of project-determined outputs. Develop organisational equality targets and strategies. Include targets for numbers of disabled people supported from a range of different types of impairments, including multiple impairments and those experiencing multiple discrimination eg disabled women, and black and minority ethnic disabled people. Undertake regular benchmarking and monitoring of the numbers and requirements of disabled people accessing funded projects. Disaggregate by impairment or requirement. Ensure monitoring information distinguishes between organisations of disabled people and organisations for disabled people. Ensure that the results of monitoring, consultation and research are used to change policy and practice.

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Monitor applicants compliance with equality policies and strategies, especially in relation to the DDA. Require monitoring of involvement (employment / volunteering) and take-up of services provided through the project to ensure access and opportunities are available to all disabled people. Provide a range of project support mechanisms (eg seminars, guidance notes, visits) to include specific support on disabled peoples issues and areas where appraisal indicates consistent weaknesses across projects. Undertake an interim and final programme evaluation to identify what is working well and what can be improved and if funding is being accessed by disabled people.

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11. Staff/organisational disability, experience and expertise

A number of the funders interviewed employed specific advisers with knowledge of disabled peoples issues or generic equality. A few of them were working towards or had implemented a policy of mainstreaming equality issues. Good practice example One funder liaises closely with disabled peoples groups and people with an in-depth understanding of disability issues. Both funders and applicants referred to the importance of grant assessor panels being fully informed and updated about disability issues and current legislation.

Key learning point Developing partnerships with disabled people By actively demonstrating an understanding of the rights, requirements and experiences of disabled people, organisations can increase the confidence disabled people have in their organisation. There are a number of ways an organisation can achieve this:

the recruitment of disabled people as employees or volunteers

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projects which include funding to employ staff, demonstrating that they will take appropriate measures to:

encourage applications from disabled people make reasonable adjustments to recruitment and work practices to enable disabled people to take up employment or volunteering opportunities with them

the training of staff to ensure an understanding of the rights and requirements of all disabled people, including those relating to gender, sexuality, religious and cultural needs.

Recommendations Increasing the awareness and understanding of employees on the rights and requirements of disabled people will assist funders to ensure that they or their representatives do not inadvertently discriminate against disabled people. The recruitment and retention of disabled staff and people with an understanding of disability issues will ease the identification of effective disability-related projects, and send a positive message to disabled people and organisations developing disability-related services and opportunities. Funders should:

seek through positive action to employ disabled staff and staff with an understanding and awareness of the rights and requirements of disabled people ensure all involved in assessing, selecting, supporting and monitoring projects are trained in DDA compliance and good practice and that this training is updated regularly

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employ or liaise with disabled people, or people with an in-depth understanding of the issues facing disabled people (individuals and groups), to provide specialist expertise tailored to applicants needs mainstream equality throughout each project (eg by allocating responsibility for equality and diversity to policy officers within each programme team).

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12. Resources
Resources to support the recommendations are broken down according to their location in the document. Each chapter refers to the relevant Disability Rights Commissions publications that can be ordered:

through our Helpline: Post: DRC Helpline FREEPOST MID 02164 Stratford upon Avon CV37 9BR Telephone: 08457 622 633 Fax: 08457 778 878 Textphone: 08457 622 644 (You can speak to an operator at any time between 8am and 8pm, Monday to Friday).

or downloaded from the publications section of our website: www.drc-gb.org/publicationsandreports/publications.asp

Chapter 1
The Disability Rights Commissions website: www.drc-gb.org Information on the role of the Disability Rights Commission: www.drc-gb.org/whatwedo/oppdetails.asp?id=34

Chapter 2
DRC Publications: DRC3: Challenging disability discrimination a guide to services A description of all the services offered by the DRC to the public.

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GENO1: Disability conciliation service a brief guide A brief introduction to the Disability Conciliation Service (DCS). Aimed at disabled people and providers of goods and services, as well as advice and information givers.

Chapter 3
Web Accessibility Initiative These guidelines help to make multimedia content more accessible. www.w3.org/WAI/ Bobby-web Accessibility Testing A free service to test and scan web pages and to identify and repair barriers to accessibility. http://bobby.watchfire.com DRC Publications: FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Full version This guidance explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Quick reference This is a summary of guidance which explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS12/ER: How to use easy words and pictures Easy Read guide

Chapter 4
The National Register of Access Auditors Information on how to get the best from an access audit. www.nrac.org.uk

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Centre for Accessible Environments www.cae.org.uk DRC Publications: FOCUS7: Creating an Inclusive Environment a report on improving the Built Environment What is Inclusive Design and how can it achieve a built environment to be enjoyed by everyone? FOCUS6: Good Signs Improving Signs for People with a Learning Disability This report considers ways in which signs and other ways of giving directions can be made accessible for people with learning disabilities. Most of the answers seem to be common sense, but are often not used. FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Full version This guidance explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Quick reference This is a summary of guidance which explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS12/ER: How to use easy words and pictures Easy Read guide

Chapter 5
RNIB See it Right pack Practical advice on designing, producing and planning accessible information.

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www.rnib.co.uk/xpedio/groups/public/documents/ publicwebsite/public_seeitright.hcsp RNID Louder Than Words Resources, including training and BSL interpreters, available through the RNID Communications Service. www.rnid.org.uk/helpdesk/frequently_asked_questions/ louder_than_words_charter/ The Plain English Campaigns Crystal Mark The Crystal Mark is the standard that all organisations aim for when they produce public information. www.plainenglish.co.uk/crystal.html Mencaps accessibility services Resource for translating material into Easy Read. www.mencap.org.uk/html/accessibility/accessibility_ services.htm DRC Publications: FOCUS14: Guidance on providing BSL and English Interpreter under the DDA Full version This guidance explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Quick reference This is a summary of guidance which explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS12/ER: How to use easy words and pictures Easy Read guide

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Chapter 6
DIAL UK The national organisation for 160 Disability and Advice Information Line services in the UK. www.dialuk.info NACVS The network of over 300 Councils for Voluntary Service in England. www.nacvs.org.uk Types of Assistive Technology Products A brief overview of different types of Assistive Technology Products. www.microsoft.com/enable/at/types.aspx Accessing Technology Accessing Technology is a book which provides information and resources about technology for people with sight problems in education, employment, lifelong learning and at home. Accessing Technology is published by the Royal National Institute of the Blind. It includes information about the types of technology that blind and partially sighted people use to:

read and produce printed materials access the Internet learn in schools study in further and higher education be successful in employment.

www.rnib.org.uk/xpedio/groups/public/documents/ PublicWebsite/public_rnib003063.hcsp

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Assistive technologies RNID Guide to Assistive technologies: www.rnid.org.uk/helpdesk/accessibility/assistive_ technologies/

Chapter 7
CRE Sample Employment Policy Advice on producing an Equal Opportunity Employment Policy. The Equality Standard for Local Government (2001): www.lg-employers.gov.uk/publications/fullpublications/ eslg.html DRC Publications: FOCUS16: Our rights, Our choices: Meeting the information needs of black and minority ethnic disabled people Practical steps for organisations providing information and advice for black and minority ethnic and disability organisations.

Chapter 8
RNIB See it Right pack Practical advice on designing, producing and planning accessible information. www.rnib.co.uk/xpedio/groups/public/documents/ publicwebsite/public_seeitright.hcsp RNID Louder Than Words Resources, including training and BSL interpreters, available through the RNID Communications Service. www.rnid.org.uk/helpdesk/frequently_asked_questions/ louder_than_words_charter/

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DRC Publications: FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Full version This guidance explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS14: Guidance on providing BSL and English Interpreters under the DDA Quick reference This is a summary of guidance which explains what British Sign Language (BSL) is, who uses BSL, and what BSL/English interpreters do. FOCUS12/ER: How to use easy words and pictures Easy Read guide

Chapter 9
DRC Publications: SP13: Organising Accessible Events This practical guide aims to help event organisers and other service providers make events and associated services more accessible and inclusive for disabled people. It gives information and guidance on working towards better practice. The Disability Rights Commissions Good Practice Training Directory This document provides details of different organisations providing a variety of disability-related training courses.

Chapter 10
TALKV: Talk video/DVD The award-winning film by David Mansell challenges common preconceptions of disability in an interesting and provocative way.

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The British Council of Disabled People The website has links to local and regional organisations of disabled people and information relating to disability equality. www.bcodp.org.uk DRC Publications: DX25: Good practice training directory Organisations which want to include disabled people fully, as employees or as customers, are legally bound to appreciate the difficulties presented by their attitudes, practices, procedures and physical features. Training for personnel at all levels of the organisation plays a vital part in this process.

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13. Adults covered by the DDA

Breakdown of figures prepared by the Department of Work and Pensions 2004. Adults Children England 8.2 million Wales 700,000 700,000 Scotland 900,000

Adult impairment estimates Mobility Lifting, carrying, moving everyday objects Manual dexterity (using hands for everyday tasks) Continence Communication (speech, hearing, reading, writing) Memory, concentration, learning, understanding Understanding of physical danger Other areas of life Source: Family Resources Survey Millions 6.1 5.9 2.4 1.2 1.3 1.7 0.4 1.5

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Adults covered by the Disability Discrimination Act by region Region North East North West and Merseyside Yorkshire and Humberside East Midlands West Midlands East Anglia London South East South West Wales Scotland Millions 0.6 1.2 1.0 0.7 0.8 0.7 1.1 1.1 0.8 0.7 0.9

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If you require this publication in an alternative format and/or language please contact the Helpline to discuss your needs. It is also available on the DRC website: www.drc-gb.org The DRC Language Line service offers an interpretation facility providing information in community languages and is available on the DRC Helpline telephone number. You can email the DRC Helpline from our website: www.drc-gb.org

FOCUS19

Telephone Textphone Fax Website Post

08457 622 633 08457 622 644 08457 778 878 www.drc-gb.org DRC Helpline FREEPOST MID 02164 Stratford upon Avon CV37 9BR