The Disability Discrimination Act (DDA)

This information in this section is for prison staff dealing with prisoners with epilepsy. Further information on the Disability Discrimination Act is on our website.

The information is mainly relevant to the UK prison service. If you live outside the UK, you may wish to contact your local epilepsy organisation.

People with epilepsy are covered by the DDA.

The DDA makes 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 DDA 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 DDA requires ‘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.