Disabilities

Why have we got the Disability Discrimination Act?

The Disability Discrimination Act aims to end the discrimination which many disabled people face. The Act makes treating disabled people less favourably than other people, without justification, unlawful, in areas such as buying goods, using services, finding somewhere to live and getting a job.

Who has rights and responsibilities because of the Disability Discrimination Act?

The Act gives disabled people rights in the areas of:-

• access to goods, facilities and services;

• buying or renting land or property;

• employment.

Some of these rights were introduced from 2 December 1996, for example, all the rights for employees and job applicants; others are being introduced over a period of time.

For service providers (eg: businesses and organisations):

• since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability;

• since 1 October 1999 they have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services;

• from 2004 they may have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

In addition the Act:

• requires schools, colleges and universities to provide information for disabled people;

• allows the Government to set minimum standards so that disabled people can use public transport easily.

What is meant by disabled?

The definition in the Act is intended to cover people who would generally be regarded as disabled.

Under the Act, disability is defined as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.

So what is discrimination?

Under the Disability Discrimination Act, discrimination occurs where;

• 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.

Discrimination also occurs where:

• there is a failure to make a reasonable adjustment for a disabled person; and

• that failure cannot be justified.

Who has responsibilities?

Many people have the duty not to discriminate against disabled people, they include:

• organisations (no matter how large or small) and everyone involved in providing any kind of goods, facilities or services to the public (unless exempted)

• those selling, renting or managing land or property;

• those involved in the area of employment (unless exempted).

When should service providers start to make changes to their premises?

Service providers may wish to take steps to comply with the remaining duties in related to physical features before they come into force in 2004 (including providing any auxiliary aids which involve an alteration to the physical fabric of the building).

Whenever a service provider is planning and executing building or refurbishment works, such as extending existing premises or making structural alterations to an existing building, it is sensible to consider the removal or alteration of physical features which create a barrier to access for disabled people or the provision of a reasonable means of avoiding the physical feature, even though the law does not yet require this. It might be more cost effective to make these alterations before 2004 and the Act does not prevent service providers from doing so.

Where do I begin?

Discrimination is often unintentional or unwitting and may stem from a lack of awareness about disability. It may also result from mistaken assumptions or decisions based on speculation, generalisation or stereotyping. A service provider might wrongly assume that it could not cope with serving a disabled person or that a particular service would be of no interest or benefit to a disabled person. Where there is any doubt, service providers should ask disabled people - whether disabled customers or employees, or local or national disability organisations - how best they can be served. In particular, disability organisations have a wide-ranging knowledge of the requirements of disabled people.

Talk to your disabled customers about the kind of changes that will make the service you provide more accessible to them; and to local access groups who may be able to put you in touch with potential customers who would like to use your service, but have not been able to because of difficulties with access. They will be able to tell you about improvements which will make your service accessible to disabled people. Many of these improvements may be very simple and easy to make and are likely to benefit all of your customers regardless of whether they are disabled or not. For example, making sure that floor displays are not positioned where they will impede wheelchair users will also be helpful to parents pushing baby buggies or elderly people pushing shopping trolleys.

Where do I get advice on how to remove or alter a feature of my premises?

Once you have decided which features you wish to change, a useful contact is your local authority, or in Northern Ireland, your District Council. Contact the Planning or Building Control Department to find out what advice is available. It would be prudent to combine advice from disabled customers with good technical advice. For example, conformity with building regulations does not necessarily indicate compliance with the Disability Discrimination Act.

Further sources of information on the Disability Discrimination Act (DDA)

1. Disability Rights Commission (DRC)
   Freepost MID 02164
   Stratford-upon-Avon, CV37 9BR
   

2. The Government has published statutory guidance and a new Code of Practice that will help service providers and disabled people to understand the law. These documents are available from any branch of the Stationery Office, or through their mail order telephone line on 0870 600 5533.

3. .

4. 'Access by Design - Implementing the Disability Discrimination Act 1995 is a video produced by the Centre for Accessible environments with the support of the Department of Social Security on behalf of the Minister for Disabled People.

5. English Heritage has information on access to historic buildings available from: Engligh Heritage, 23 Saville Row, London WIX 1AB

6. Other literature and fact sheets are available from the DRC Helpline on the following numbers. All calls are charged at local British rates:
   Telephone 08457 622 633
   Textphone 08457 622 644
   Fax 08457 778 878

Useful contacts for information on access issues:-

These contacts may prove useful in developing strategies and taking reasonable steps to overcome access issues:-

1. Action on Hearing Loss (formally known as RNID)
   Helpline, 19-23 Featherstone Street, London EC1Y 8SL
   Telephone: 0808 808 0123
   Textphone: 0808 808 9000
   SMS: 0780 0000360
   helpline@hearingloss.org.uk

2. The Centre for Accessible Environments
   Nutmeg House, Gainsford Street, London SE1 2NY
   Telephone: 0207 357 8182

3. Construction Industry Research and Information Association
   6 Storey's Gate, Westminster, London SW1A 3AU
   Telephone: 0207 222 8891

4. Mencap (Royal Society for mentally handicapped children and adults)
   Mencap National Centre, 123 Golden Lane, London EC1Y ORT
   Telephone: 0207 474 0454

5. MIND
   15-19 Broadway, London E15 4BQ
   Telephone: 0208 519 2122

6. RNIB (Royal National Institute for the Blind)
   224 Great Portland Street, London W1N 6AA
   Telephone: 0207 388 1266

7. SCOPE
   12 Park Crescent, London W1N 4EQ
   Telephone: 0207 636 5020