§ Lord Norton of Louthasked Her Majesty's Government:
Whether, and in what circumstances, people suffering from acrophobia are treated as disabled. [HL514]
§ Lord Hunt of Kings HeathThe question of the definition of disability is a complex one. The Department of Health does not maintain a definitive list of conditions that it recognises as disabilities. 117WA There are two main definitions in current legislation which the department uses. The National Assistance Act 1948 defines disability as "persons who are blind, deaf, or dumb, or who suffer from mental disorder of any description, and other persons aged 18 or over who are substantially and permanently handicapped by illness, injury or congenital deformity..". Councils usually rely on this definition when providing services under the Chronically Sick and Disabled Persons Act 1970. The other definition of disability is within the Disability Discrimination Act 1995, which defines a disabled person as someone "with a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out day-to-day activities."
Whether or not an individual suffering from acrophobia would be regarded as being disabled under either or both of these legal definitions would depend on the severity of the condition and the way in which it manifested itself.
Access to other elements of support for disabled people, for example benefits or transport concessions, may rely on different criteria, being specific to those benefits or concessions.