The equality laws

This information in this section is for prison staff dealing with prisoners with epilepsy.

In England, Scotland and Wales, people with epilepsy are covered by the Equality Act. In Northern Ireland, people with epilepsy are covered by the Disability Discrimination Act. These two laws are called equality laws. Further information on the equality laws is on our website.

The equality laws make it illegal to discriminate against disabled people because of their epilepsy. Discrimination can occur when:

• a disabled person is treated less favourably than someone else;
• and the treatment is for a reason relating to the person’s disability; and
• this treatment cannot be justified.

The equality laws also places specific duties on public bodies, including the Prison Service.*

Prisons should:

• look at all policies that impact upon prisoners, not just respond reactively to their individual needs
• promote equality of opportunity
• eliminate harassment and promote positive attitudes towards people with disabilities.

This last point is particularly relevant for people with epilepsy. It is often the case that coping with other people’s attitudes is more of a problem for people with epilepsy than the seizures themselves.

* Taken from Prison Service Order No. 2885

The equality laws require ‘reasonable adjustment’ to be made for a disabled person, where it would significantly improve their quality of life. What sort of ‘reasonable adjustment’ might be needed for a prisoner with epilepsy? Here are some examples.

• If someone has seizures during sleep they might benefit from being able to sleep longer in the morning when they have had a seizure.
• If someone has atonic seizures (where they suddenly drop to the ground) think about padding sharp corners and edges of any furniture in their cells. 
• When allocating employment, someone’s epilepsy would need to be taken into account, to make sure that they and anyone they are working with are safe.