Disability Discrimination Act 1995

What you need to do about making changes to your premises
What the law says?

Part 3 of the Disability Discrimination Act makes it unlawful for service providers to discriminate against disabled people by failing to make reasonable adjustments. From 1st October 2004 this will include considering reasonable adjustments to the physical features of your premises so that goods, services and facilities are accessible for disabled people. The DRC have produced a Code of Practice on Part 3, which describes the law and what it might look like in practice (available from DRC and HMSO).

Does the Act apply to me?

The Act applies to you if you provide goods or services to the public e.g. a retail outlet, bar, local authority, library, bank, health service, conference centre, cinema, restaurant, garage, hotel or dental practice. This list is not exhaustive.

Who is covered by the Act?

Disabled people are covered by the Act - about 1 in 5 of the adult population. Disabled people may include those with mobility or sensory impairments, learning disabilities, mental ill health, severe facial disfigurements and certain other conditions. It is important to recognise that not all disabilities are obvious.

Why should I make any changes?

It makes good business sense to make your premises accessible. If your premises are not accessible disabled people may not be able to use your services. You might also miss out on valuable custom from their families and friends. Making your premises more accessible will make them easier to use for others including children, parents, older people and first time visitors. Failing to make reasonable adjustments could mean you are acting unlawfully and might result in a court case, a fine and negative publicity for your business.

What are physical features?

Physical features are any features arising from the design or construction of a building and any fixtures, fittings, furnishings and equipment on the premises. This could include paths, entrances, exits, entry systems, car parking, public phones, changing rooms, service counters, doors, toilets, stairs, shelves, waiting areas, signage, floor and wall coverings. This list is not exhaustive but it shows the variety of features which can present barriers and for which solutions can be found. You will have to anticipate the types of problems that could arise so that when a disabled person requests a service, reasonable steps will already have been taken to overcome any access issues.

What are reasonable adjustments?

A reasonable adjustment means making changes to the building your services are delivered from or the way you deliver the service so that it is not unreasonably difficult for the disabled person to use your service. Reasonable adjustments vary from case to case. You can take into account the type of service being provided, its size and resources and the practicality of taking a particular step. The Act also says that you can provide a reasonable alternative method of providing a service if a disabled person cannot access it. This duty has been in force since 1999.

What can I do?

You can aim to take an inclusive approach when commissioning building or refurbishment work, aiming for equal access and best practice from the outset. You will need to identify the physical features that create barriers to access and find solutions and alternatives for them. You will need to plan to make improvements and ensure that once adjustments have been made that you and your staff are able to maintain access. It is good practice to let disabled people know about access to your premises. The organisations listed below and links provided on their websites are a good starting point.

How can building practitioners help?

Professional building practitioners include qualified architects, designers, surveyors and registered access auditors. One of your first points of contact may be your local authority planning or building standards departments. All of the above should have a good knowledge and understanding of what the law requires you to do. Voluntary organisations and local disability groups may also be able to offer assistance and information.

Are there any other duties in the Act, which apply to me?

Yes. The Act already requires you to make reasonable adjustments in relation to auxiliary aids and services such as communication support or information in large fonts and to review your policies, procedures and practices. The Act also covers employment, education and transport. The Disability Rights Commission can provide more information on the Disability Discrimination Act. 

Where can I find out more about physical adjustments to my premises?

You can use the following websites to find out more and to find links to other sources of helpful advice.

The Disability Rights Commission
Centre For Accessible Environments
The National Register of Access Consultants
The Employers Forum on Disability

Factsheet 1 - for small and medium sized businesses OCTOBER 2004: THE DISABILITY DISCRIMINATION ACT AND YOUR BUSINESS

If you provide goods, facilities or services to the public or if you employ fewer than 15 people, you need to know about important Disability Discrimination Act (DDA) from 1October 2004.

The implications for service providers

  

• One in five adults is disabled. Their spending power is around £50 billion per year, yet many of them have difficulty accessing goods and services.
• You already have duties under the DDA. You cannot, for example, refuse to serve a disabled person or provide a lower standard of service because of their disability, unless this can be justified. And you may be under a duty to make reasonable adjustments in the way you provide your services to them.
• From October 2004 some new duties come into force. These are all about- physical access. If there are any physical barriers that are preventing disabled people from using your service, you may have to make reasonable adjustment to make your services more accessible by removing, altering or helping people avoid these barriers. Where this is not possible, you may have to provide the service in a reasonable alternative way.

The implications for small employers

• From 1 October 2004 employers with fewer than 15 staff are covered by the employment duties of the DDA for the first time. This means that, like larger companies, you will need to make sure you don't discriminate against disabled employees or job applicants because of their disability and you may have to consider making reasonable changes to your workplace or employment policies.

The definition of 'reasonable' changes

• DDA only requires you to be 'reasonable'. This means you will only need to do what is practical and affordable in your situation. For example, it might not be reasonable for a small firm with a tight budget to make the kind of structural alteration that a national company could easily finance.

Physical changes to premises

many of these are simple and low cost, like changing the height of a door handle so that a wheelchair user can reach it, keeping aisles clutter-free and putting handrails up staircases.

Factsheet 3 has more suggestions. Employment changes

again many of these can be straightforward, such as allowing someone time off for treatment, providing work-related information in an accessible format *such as large print, Braille or audio tape and holding interviews in an accessible location.

If a disabled person believes that you have discriminated against them because of their disability, you could be taken to an employment tribunal or have a civil case brought against you. You may have to pay compensation if the tribunal or court decides that you have discriminated unlawfully.

Help and information Department for Work and Pensions
For their free DDA information pack and video,

Tel: 0845 124 9841
Textphone : 1 800 1 0845 124 9841

Disability Rights Commission: Provides support and advice on a wide range of issues relating to disability. For their free Practical Guide for Small Businesses,

Tel. 08457 622 633, Textphone 08457 622 644
or download it on www.drc-gb.org

National Register of Access Consultants: To get advice on whether your premises are accessible, you can contact an access auditor via www.nrac.org.uk. You will be charged for an audit. You could also seek the views of disabled people or representative organisations.

Factsheet 2 - The Disability Discrimination Act and small and medium sized businesses.

UNDERSTANDING Disability

There are about 10 million disabled adults in Britain covered by the Disability Discrimination Act. Their impairments are wide-ranging and they face different barriers in employment and in accessing goods and services. This factsheet provides some information about different types of impairment, practical steps you can take to make your business accessible to disabled people and ways of providing good customer service.

Type of impairment	Accessibility issue	Customer service issue
Mobility	Width of doorways and aisles - consider width for wheelchair access Height of counters Evenness of flooring - inside and out Accessibility of WC facilities	Provide a seat for someone who cannot stand for long and bring them things Sit down and talk to a wheelchair user so they do not have to crane their neck to see you Do not lean on their wheelchair. It is part of their personal space.
Sight	Colour contrast - on signs - between floors, walls, ceilings and doors Literature and signage - size of print, - use of Braille and other tactile alternatives Clutter and hazards - keep floors and aisles clear	Identify yourself when first speaking to a blind person Stand still so a person with partial sight can maintain eye contact with you If guiding someone, allow them to hold your arm, rather then vice versa, so they are in control Do not move away without telling them
Hearing	Have pen and paper handy to write messages Additional auxiliary aids - e.g. a hearing aid loop Alarm systems - have visual as well as audible	Always maintain eye contact with someone who is lip-reading Make sure your face is well lit, keep hands away from your mouth and speak normally and clearly Minimise background noise
Speech	Disability awareness training - to help staff communicate more effectively Clear signage and labelling - some people with speech impairment will avoid asking for help	Speak slowly and clearly Be patient and listen - do not correct or speak for the person If you do not understand, ask them to repeat themselves Ask questions that require yes or no answers if possible Don't put the phone down if you hear a few seconds silence first
Learning disabilities	Signage - clear, concise and consistent Write in plain language and use pictures and images Disability awareness training - to make staff aware of different behaviours and how to react	Be patient and listen If you do not understand, ask the person to repeat themselves Speak slowly and clearly Use pictures, symbols and simple written information where possible.

"Hidden" impairments, e.g. arteritis, asthma, dyslexia, epilepsy and mental illness : Don't make assumptions about what anyone can or cannot do, their impairment may not be obvious and they may require additional assistance.

Further information

http://www.drc-gb.org Comprehensive information from the Disability Rights Commission on the requirements of the Disability Discrimination Act, including useful publications for small businesses.

www.radar.org.uk RADAR (the Royal Association for Disability and Rehabilitation). Its site is a useful portal for links to an extensive range of other disability websites.

01900 702520

building.control@allerdale.gov.uk

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