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Disability Discrimination Act 1995

One of the most recent and influential pieces of government legislation concerning disabled access is the Disability and Discrimination Act 1995, which aims to remove physical barriers and improve access for all to public buildings. This legislation will become mandatory in January 2004. Many buildings may have to be upgraded to meet the minimum in accessibility laws so read on to see how The Platform Lift Company can help you!

How does it affect your business?

There are estimated to be around 8.6 million disabled people in Great Britain, yet it is only in the last 5 years that provisions for a sufficient level of accessibility have been made.

The 1995 Disability Discrimination Act was the first of its kind to call for gradual improvements in the way that the owners and property managers of public buildings achieve equal access for all members of the public.

The Act was introduced in 1996 and has three successive stages of implementation:

Stage 1

Dec 1996 - Recognise overall problem

Stage 2

Oct 1999 - Start making reasonable adjustments

Stage 3

Oct 2004 Deadline - Those buildings that need to comply include Offices, Restaurants, Public Buildings, Shops, Leisure Facilities, Educational establishments, Places of Worship and Nursing Homes

Improvements to access to upper floor levels, multi-levelled surfaces, and items that may be too high to reach for the wheelchair user, are all examples of issues that need to be addressed.

It is the duty of the service provider to remedy the situation, i.e.:

• Remove the feature
• Alter it so it no longer has that effect, or
• Provide a reasonable alternative method of making the service in question available to a disabled person

Frequently Asked Questions

What is the Disability Discrimination Act (DDA) 1995?

The DDA is an Act of Parliament that introduces and provides a means of enforcing rights preventing discrimination against disabled people.

The DDA aims to end the discrimination which many disabled people face. This Act gives disabled people rights in the areas of:

• Employment
• access to goods, facilities and services
• buying or renting land or property
• using public transport

When do the DDA requirements have to be implemented?

The Act was introduced in three stages;

• Since December 1996 treating a disabled person less favourably because they are disabled has been unlawful.
• Since October 1999, service providers have had to consider making reasonable adjustments to the way they deliver their services so that disabled people can use them
• The final stage of the duties, which means service providers may have to consider making permanent physical adjustments to their premises, comes into force in 2004.

NB. The Act defines a disabled person as someone with "a physical or mental impairment that has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."

Do I have to make physical changes to my premises?

At present, you do not have to remove or change physical features on your premises, or provide a reasonable means of avoiding the feature. These duties will be introduced in October 2004, but if you are planning building work or refurbishment it is recommended that you include these physical changes at that time. From 1 October 1999, however, if a physical feature of your premises prevents a disabled person from using your services, then you must consider whether you can take steps to provide an alternative way of making the service available to disabled people.

How can I judge when my services are unreasonably difficult for disabled people to use?

You should consider whether the time, inconvenience, effort or discomfort involved for a disabled person to use your services would be considered unreasonable by other people if they experienced the same difficulties.

So what am I actually required to do?

If it is impossible or unreasonably difficult for disabled people to use your services you may be required to:

• " take reasonable steps to change your practices, policies or procedures; or
• provide a reasonable alternative method of making your services available to disabled people.

What kind of businesses will need to meet DDA requirements?

Shops, banks, hotels, pubs, restaurants, cafes, hairdressers, opticians, high street services such as travel agents, insurance agents etc., theatres, cinemas, leisure facilities - any building that caters for the public.

Why can't I just deal with any problems as and when they arise?

Because the Act requires you to plan ahead to meet the requirements of your disabled customers.

Very few disabled people use our services, so is adapting my premises really necessary?

There are over 8.5 million disabled people in the United Kingdom and they have considerable collective spending power. Any adjustments you make for disabled people may also benefit other customers and your staff. You will also retain the goodwill of disabled people and their families and friends one in four customers is disabled or close to someone who is. In addition you will avoid the risk of legal action against you

What happens if I fail to make reasonable adjustments?

You might be breaking the law. A disabled person can make a claim against a provider whose services are impossible or unreasonably difficult for him or her to access.

Checklist of Good Practice

Listed below are some steps to guide you towards meeting the requirements of the Disability Discrimination Act, as well as meeting your legal obligations.

• Think and plan ahead to meet the requirements of your disabled customers.
• If in doubt, ask disabled people themselves how they can best be served. Listen carefully and respond to what they really want. You could also consult with disabled staff and disability organisations.
• Think about the way you treat disabled customers. Let them know how to request assistance, and have a customer complaints procedure that is easy for them to use.
• Ensure that you respect the dignity of a disabled person when providing them with your services.
• Establish a positive policy on providing services to ensure it includes disabled people. Communicate this policy to your staff and monitor its effectiveness.
• Consider putting in place positive practices which will encourage disabled people and others to use your services.
• Make sure your staff training includes your policy towards disabled people and their legal rights, and disability awareness and disability etiquette training.
• Regularly review whether your services are accessible to disabled people.
• Don't wait until 2004 to remove any physical features of your buildings that create a barrier to access for disabled people. Consider doing this at the same time as any building or refurbishment work you are planning, which could help reduce costs and disruption.