Technical Guidance Note 31: Disability Discrimination Act 1995

Introduction

A basic guide to the duties on service providers under Part III of the Act

The Disability Discrimination Act 1995 (DDA) was enacted to prevent discrimination in the areas of employment, provision of goods, services and facilities, the selling or letting of land and property, education and transport.  The duties under Part III of the Act, relating to service providers are being introduced in three parts.  How will you be affected?

Where does the DDA apply?

The DDA applies to the whole of the UK but not the Channel Islands or the Isle of Man.

Why is 1 October 2004 important?

Under the terms of Part III of the DDA, that is when service providers will have to ‘address those physical features which make it impossible or unreasonably difficult for disabled people to use their services’.  Everyone, regardless of the size of their business, who provides services to the public, or a section of the public, whether in the private, public or voluntary sectors, is affected by the DDA.

What is a service provider?

Service providers, which include shops, libraries, restaurants, pubs, clubs, gyms, cinemas, theatres, swimming pools, hotels, hospitals, banks and small businesses must understand their legal duties under the Act.  They will be required to make ‘reasonable adjustments’ either to their premises or the way they provide services.  Those who fail to comply could face civil proceedings.

Who is a disabled person?

According to the Disability Rights Commission (DRC), one in seven of the UK’s population has a disability.  The DDA is aimed at protecting the rights of a wide range of disabled people besides wheelchair users, including:

• blind and partially sighted people
  
  
• deaf and hearing-impaired people
  
  
• facially disfigured people
  
  
• people with long-term illnesses or hidden impairments, for example, those with arthritis, asthma, diabetes, or Alzheimer’s Disease
  
  
• people with learning disabilities, for example, those with dyslexia
  
  
• people with mental illness

People who have had disabilities in the past are also protected from discrimination even if they no longer have the disability.  Only a court can decide what constitutes disability under the terms of the DDA: if in doubt, it is probably best to assume that someone is protected by the Act.

What duties does the DDA place on service providers?

1. Since December 1996, it has been unlawful for service providers to treat disabled people less favourably than others for a reason related to their disability.
   
   
2. Since 1 October 1999, service providers have had to make ‘reasonable adjustments’ for disabled people in the way they provide their services.
   
   
3. From 1 October 2004, service providers  have had to make reasonable adjustments to their premises to overcome physical barriers to access.  They should ensure that as far as possible, disabled customers are treated in the same way as non-disabled customers.

What should service providers be doing?

In the first instance, they should ensure that all customers can use their service effectively.  This means identifying the areas where physical features may make it impossible, or unreasonably difficult, for a disabled person to use the service, whether or not this is related to the buildings from which the service is being provided: this is called an access audit.

Experienced chartered surveyors, access auditors and consultants have special skills to undertake these audits.  Further information is given below.

What happens after the access audit?

The access audit will form the basis of an action plan to consider such issues as physical constraints, alternative ways of providing the service and the reasonableness of making the adjustments identified by the access audit.  This may include the provision of any necessary extra help or special equipment as well as adjustments to stairways; building entrances and exits; internal and external doors; gates; toilet, washing, and public facilities; lighting and ventilation; lifts and escalators (this list is not exhaustive).  Service providers should not wait before making changes and should consider the full range of access needs for people with different disabilities.

The service provider can remove, alter, or bypass the physical feature causing difficulty to a disabled person or provide the service in an alternative way that may include management solutions.  It would also help to consult with disabled customers before making any alterations.

An action plan should be developed which contains clear details of what is being done, and what is not, in terms of adjustments and the reasoning behind such decisions.  This will help in the event of a customer complaint and assist in monitoring the premises should the goods, facilities or services change in the future.

Do the adjustments have to be expensive?

Ideally, disabled and non-disabled customers should be able to receive services in the same way.  However, if physically altering a building would be impractical in terms of cost and disruption, service providers could consider changing the way the service is provided.  For example, staff can bring items to disabled customers, escort them to the appropriate location, or the organisation could operate a mail order, home visit, or delivery scheme.

In premises such as smaller or older buildings, those on awkward sites or above ground level, equality of access many not be possible at reasonable cost.  The definition of reasonableness has yet to be determined by the courts, which will take several factors into account.  These will include the extent and cost of works required, the type of services being provided, the size and resources of the service provided, the disruptive impact on the business to make the adjustment and the amount already spent on making adjustments.

Is consent needed for some building changes?

Service providers may need to obtain consent, including planning permission, building regulations approval and listed building consent.

Special provisions apply where a lease does not allow the tenant to make alterations without landlord’s consent.  The landlord may not withhold consent unreasonably, but may attach reasonable conditions.  There are strict time limits within which landlords have to respond to applications from tenants to carry out alterations.

Why should businesses comply with the DDA?

Apart from the risk of a civil claim, and the attendant adverse publicity, there is a strong business case for complying with the Act.  A recent estimate puts the collective spending power of the UK’s 8.6million disabled people at more than £50billion a year.  Many improvements for people with a disability will benefit other customers, including their friends and families, parents with pushchairs, people carrying heavy shopping and some older able-bodied people.

Building Control Group
Planning Section
Portland House
Richmond Road
Worthing
West Sussex
BN11 lLF

Tel: 01903 221344

E-mail: building.control@worthing.gov.uk

Minicom: 01903 204500

Fax: 01903 207365

Answerphone: 01903 214034

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