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1 October 2004, disabled people have new rights of access of goods,
services, facilities and premises. Here are answers to some key questions
about your rights:
What is the Disability Discrimination Act? The Disability Discrimination Act (DDA) gives disabled people rights in the way they receive goods, services or facilities. Service providers already have to change the way they deliver their services if they are difficult for disabled people to use. Your rights to services have been introduced in three stages:
The DRC have produced a new Code of Practice for service providers about the DDA. It will be taken into account by the courts where relevant and it guides disabled people and service providers on how reasonable adjustments should be made. It is available on this site at How does the Act define "disabled people"? You are protected from discrimination under the DDA if you have a physical or mental impairment that affects your ability to carry out normal day-to-day activities. That effect must be:
What are "goods and services" under the Act? Most services are covered by the DDA. Anyone who provides a service to the public or a section of the public is a service provider. There are a few exceptions: private clubs that have a meaningful selection process for members, transport (but only the transport vehicle, not everything else connected with it such as stations, airports and booking facilities) and education (but there will be new DDA duties from September 2002).Not all manufactured goods are covered. The maker of a bathroom suite does not have to make the bath accessible for you but the shop selling it has to make sure that it is not unreasonably difficult to use its services. It doesn't matter whether or not you pay for the service; it's providing the service that matters. So disabled people have rights to all kinds of services. That includes going to a restaurant, shopping for clothes or food, to using the local library, going to church or visiting your solicitor or doctor. All of these people provide services and are covered by Part III of the DDA. The 2004 duties say that service providers should make reasonable adjustments to physical features but what is a physical feature? Here is a long but not exhaustive list: steps, stairways, kerbs, exterior surfaces and paving, parking areas, building entrances and exits (including emergency escape routes), internal and external doors, gates, toilet and washing facilities, public facilities (such as telephones, counters or service desks), lighting and ventilation, lifts and escalators. It is important to realise that these features aren't just buildings or indoor facilities. They include seating in the street or a pub garden, stiles and paths in a country park, or fixed signs in a shop or leisure facility. Do service providers only have to make changes when it's completely impossible for me to use their services? No. They also have to make changes when it's unreasonably difficult. They should think about whether your time, inconvenience, effort, discomfort or loss of dignity in using the service would be considered unreasonable by other people if they had to endure similar difficulties. Service providers are expected to make "reasonable adjustments" to physical features but what is "reasonable"? This isn't something we can give a straight answer to. The law uses this phrase to allow different solutions in different situations. However, the Code of Practice does say that what is reasonable may vary according to:
These are some of the factors that service providers might have to take into account:
So you need to think about these factors when looking at
whether the service is reasonable. Is it ok for service providers to wait until I cannot use their services before making changes? No. Their duties are anticipatory and continuing. In other words, service providers should be thinking ahead and continually looking at the way they provide services, their premises and the physical features and considering improvements for disabled people. Can service providers just make changes for people with particular disabilities? No. Service providers should not focus on stereotypes but should consider the full range of access needs of disabled people and the ways in which their services may be difficult to use. The DRC recommends that service providers have an access audit done. It is important to take into account the needs of a range of disabled people and not rely on stereotypes. As a disabled person you may want to become involved in this through your local access group or organisation. Is it ok for service providers not to start thinking about this until October 2004? Although the duties on physical features don't come into force until October 2004 service providers should be considering changes before then. They have been given lots of time by the government to assess what needs to be done and then prepare. The courts may well take into account what preparations, planning and changes service providers made in the period before October 2004 when considering whether they have met their legal duties. How should a service provider deal with a physical feature that is making it difficult for me to use a service? Once a service provider has identified the physical features that may make it difficult for you to use their service then the law gives them a choice. They can remove that feature, alter it, find a way of avoiding it or provide the service another way. The DRC strongly recommends that service providers first consider removing the physical feature or altering it. This is often the safest option because it is more likely to make the service accessible, meaning that you receive the services in the same way as other customers. This is called an "inclusive" approach. Where a service provider does decide to avoid a feature or provide the service another way, then the service must not be unreasonably difficult for you to use. The content of this pages has been provided by, as is Copyright © 2003 Disability Rights Commission. |
