Disability Discrimination Act - Information

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What is discrimination?

Well the Act defines this as: -

The treatment of a disabled person less favourably than someone else because of his/her disability,
Refusal to provide a service for a disabled person that is offered to others,
Failure to make reasonable adjustments to a building, for the purpose of removing physical barriers to access and use of the building.

Employment Issues

Putting slightly more meat on the bones of the responsibilities, employers need to:

Review all policies and procedures to eradicate actual/potential discriminatory practice,
Give thought to the needs of an applicant/employee e.g. physical environment,
Take 'reasonable' steps to remove any physical barriers preventing the employment of disabled persons.

Access to Goods and Services

This is probably the area that has had and continues to have the most significant impact. It applies to both the public and private sector alike, as it does to the churches and the voluntary sector. Interestingly not currently to private members clubs unless they then have events or activities, which are open to the public.

Experience suggests that service providers have in general, been happy to adjust policies and procedures, but have failed miserably to offer auxiliary aids such as induction loop & minicom systems, nor have they planned ahead to initiate works to remove physical barriers.

Since 2nd December 1996, it has been unlawful for service providers to treat people less favourably for reason related to their disability e.g. refusing wheelchair users access to a pub or club.

From 1st October 1999, service providers have had to make reasonable adjustments to both the physical features of their premises, and to the practices policies and procedures.

From 1st October 2004, service providers will have to make reasonable adjustments to remove physical barriers to access and use of the premises by disabled people.

It is this later section, which service providers currently appear to be 'way off' beam in terms of compliance - clearly the cost of the necessary adjustments has been a major stumbling block.

Educational Issues

Onto to educational establishments - initially it was thought that the Act would have little impact on schools etc. being limited to employment issues. In fact it became clear that the service provision element would also apply to
non-educational activities on or in school premises e.g. parent teacher meetings, school nativity's/plays, use by community groups.

The introduction of the Special Educational Needs and Disability Act 2001(SENDA 2001) changed all that in that it legislates for the prevention of discrimination against disabled staff and pupils in the provision of education, training and related services. Apart from its introduction in 2002 there are two other relevant trigger dates associated with this Act:

1st Sept 2003 relating to the provision of auxiliary aids such as induction loops, white boards, projection equipment etc.
1st Sept 2005 regarding physical adjustments - removing barriers to access and use.

What are physical barriers?

Well they can be:

A feature arising from the design or construction of the building,
A feature on the premises including approaches and exits,
Fixtures, fittings, furnishings, furniture, equipment or materials on the premises,
Any other physical feature on land associated with the premises.

What is a reasonable adjustment?

This can be judged against:

Ability to satisfy a recognised set of technical standards,
Practicality and benefit to user,
Availability of financial resources and the relative cost of the adjustment,
Health and safety.

All of which still makes it a very subjective decision, open to challenge.

Well there are many factors some of which are listed above, but this is best explained by reference to one of the published codes of practice which include excellent examples.

These tend to refer to works that result in the removal, alteration or avoidance of any/all features that make it impossible or unreasonably difficult for disabled people to use the premises, or have access to the services offered.

Even using the parameters listed it is still very subjective and will only become clear as a result of a court determination.

How is the Act enforced?

The Act is enforced by any aggrieved individual laying a complaint before a court, or in the case of employment before an industrial tribunal.
In effect the Act has created a 'civil right' of accessibility vested on each disabled individual, thus empowering them to bring about change to the built environment and how it is managed. The Disability Rights Commission (DRC) have indicated that they would sponsor the costs of any case with strong evidence of discrimination. There are reports of several successful cases detailed on their website.

The DRC make it perfectly clear in their guidance material that compliance with the Building Regulations Part M and in particular the guidance outlined in Approved Document M doesn't necessarily indicate compliance with the DDA. Even with a perfect physical environment within a building, poor management provisions can negate the benefits.

How can an employer/service provider comply with the Act?

In an existing Building:

Conduct an access audit of the building and it's environments,
Develop access strategies and plans taking account of the views of service users and staff,
Review/adjust working practices & policies,
Make all 'reasonable' adjustments identified,
Train staff in obligations imposed by the Act.

In a new Building:

Carry out access appraisal of design proposal,
Design to BS: 8300: 2001,
Develop appropriate access strategies,
Review, during construction,
Audit after commissioning,
Train staff in obligations imposed by the Act.

How does the Act relate to Approved Document M/ BS: 8300?

Conformity with the Building Regulations does not necessarily indicate compliance with the DDA.
The guidance outlined in either document is not mandatory,
There is a 10 year exemption (bit of breathing space) if a feature was compliant with Building Regulations Part M at the time of construction/installation,
Interpretation of the regulations is a matter for building control in the first instance, and ultimately for the courts.

Can I afford to comply?

Not withstanding the financial penalties that can be levied (upto £50,000) for failure to comply, what price can you put on any negative publicity generated by an action through the courts etc? Personally I would focus more on the missed opportunity to tap into the purchasing power of the best part of ten million people and their families/friends, this must be phenomenal, can you afford to disregard this?

Actually businesses in the SRB6 area have for a time a uniquely enviable opportunity to seek financial assistance to address the cost of any necessary 'reasonable' adaptations.

Where can I seek help and/or advice?

At a National level, it might be worth contacting the National Register of Access Consultants (NRAC) either through its web pages www.nrac.org.uk or by contacting the NRAC Manager directly on tel: 020 7234 0434 or by email marynoble@nrac.org.uk

The NRAC has two services that it offers free to clients. These are:

A quality standard demonstrating skills/experience that can be checked by a client .
A means of locating consultants/auditors with the skills/experience that a client requires.

The NRAC does not specifically recommend individual consultant/auditors to clients or guarantee their work in any way. All members have successfully completed the admissions procedures and satisfied the Admissions Panel that they fulfil the requirements as set out in the Information and application pack.

Where can I get further Information?

Approved Document M - 2003 Edition.
BS: 8300 -2001.
A vast range of guidance from Disability Rights Commission including Codes of Practice on:
- Employment
- Service Provision
- Schools
- Post 16 Education
- Trade Union activities.

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