Disability Discrimination Act

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The Disability Discrimination Act (DDA) protects disabled people. The Act sets out the circumstances in which a person is "disabled". It says you are disabled if you have any of the following:

* Visual impairment
* Hearing impairment
* Speech impairment
* Mental illness
* Mental impairment e.g. learning disabilities
* Physical impairment

AND:

" this has an adverse effect on your ability to carry out normal day-to-day activities
" the adverse effect is substantial -the adverse effect is long-term (meaning it has lasted for 12 months, or is likely to last for more than 12 months or for the rest of your life).

Since 2 December 1996 it has been unlawful for you to treat disabled people less favourably for a reason related to their disability.

Since December 1996 it has been unlawful for those who provide goods, facilities and services (service providers) to discriminate against people with disabilities.

Since October 2004, (when the final part of the DDA came into force) it has been unlawful to fail to make "reasonable adjustments" to the physical features of property/buildings so that there are no physical barriers preventing people with disabilities using premises or services.

If physical alterations to buildings cannot be made, "alternative service" can be offered provided it is not inferior to that given to others and provided it doesn't cause people with disabilities to feel victimised, humiliated or….discriminated against.

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 these features aren't just buildings or indoor facilities. They could include seating in the street or a pub garden, stiles and paths in a country park, fixed signs in a shop or a leisure facility.

Your duty is not just to put a ramp at the front entrance of your building (although that may be a useful thing to do) but to look at all aspects of your services and consider what changes you can make to the full range of physical features. You may plan a number of changes as part of a refurbishment or a continuing access improvement programme. What might not be considered a reasonable adjustment now, could well be considered reasonable in future. Access should not be considered once and then forgotten.

Complying with DDA '95 need not be onerous. A practical approach is needed and the following Ten Step Action Plan may help:

1. Understand that people with disabilities include those with hearing impairment, visual impairment, mental illness, physical mobility restrictions, disfiguration, voice/speech impediments.
2. Carry out your own "DDA Audit". You will not necessarily need a Consultant - you, after all, know your premises really well.
3. Start at the car park or customer entrance point. Would anyone with any disability have difficulty accessing your premises? Do you have steps and no ramps, trip hazards, poor lighting, poor signage etc?
4. Could visually impaired people follow a safe access route? Are the edges of steps clearly highlighted? Has colour been used to differentiate levels etc?
5. Are doors accessible or too heavy to open. Could wheelchair users open them?
6. Once in the premises, would people with disabilities be restricted in where they go due to steps e.g. are they prevented from getting to the no smoking area. Could you install a moveable ramp or proper stair lift?
7. Can customers be understood when ordering at the bar - can you hear them and they you? Could you buy a portable induction hearing loop to help people with hearing aids (about £200)?
8. Are customer toilets accessible or the disabled persons w.c. on the ground floor?
9. Is there anything anyone could bump into, fall over etc?
10. Could someone with learning difficulties, sight impairment read the menu If not, have you got someone who could read it for them?

http://www.hmrc.gov.uk/specialist/disability-act-guidance.htm
HM Revenue & Customs article offering information as to tax relief available in respect of the cost of making adjustments to your business

http://www.drc.org.uk/open4all
Disability Rights Commission website offering further guidance on the above issues

http://www.disability.gov.uk
Department for Work and Pensions (Disability Unit)

http://www.nu-riskservices.co.uk/pdf/hardfacts/occupational_health/6004-thedisability discriminationact.pdf
Norwich Union "Hardfacts" bulletin

http://www.dwp.gov.uk/consultations/2004/
Government consultation paper on the application of the Act within private members' clubs.