Disability Definition & Rights.pdf

A physical or mental impairment is defined as an impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. This includes impairments with fluctuating or recurring effects, progressive conditions, auto-immune conditions, organ specific conditions, developmental impairments, learning difficulties, mental health conditions, and impairments resulting from injury to the body.

Some conditions automatically entitle a person to be considered as disabled under the Equality Act, including cancer, HIV infection, and multiple sclerosis. Temporary conditions like a broken leg or wearing glasses are not considered a disability.

A substantial effect is anything that is more than minor or trivial. For a child or young person, this might include how long it takes them to complete a normal day-to-day activity, such as eating, washing, and getting dressed. Conditions which become more severe over time are known as progressive conditions, and a child or young person with a progressive condition should be considered as having an impairment which has a substantial adverse effect on their ability to carry out normal day-to-day activities before it actually has that effect.

The Equality Act defines a long-term effect of an impairment as one that has lasted at least 12 months, or where the total period for which it lasts is likely to be at least 12 months, or which is likely to last for the rest of the life of the person affected.

Normal day-to-day activities include things that people do on a regular or daily basis, such as reading and writing, having a conversation, going to the toilet, washing their hands, getting dressed after physical activities, eating, walking, following instructions, using a computer, and keeping to a timetable.

For very young children, it can be difficult to find out what the effects of impairments may be, so the law says that a child under six with an impairment should be treated as though this has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities if this were to be the case if they were over six years old.