Disability Discrimination
Act (DDA)
The DDA stipulates that from 1st Oct 2004 a disabled
person cannot be restricted from gaining access to a
premises to obtain goods or services.
This includes people who use wheelchairs, blind and
partially sighted people, deaf people etc
This obviously has an impact on the installation of
new and existing Access Control Systems
Access
to services
What are reasonable adjustments?
It is important that service providers who have not
already done so take reasonable steps to make their
services accessible. Failure to do so could lead to
loss of reputation or even litigation.
Since 1 October 1999 service providers have had to
make 'reasonable adjustments' for disabled people, such
as providing extra help or making changes to the way
you deliver services.
Examples:
- making adjustments to the premises such as improving
access routes and ensuring that they are free of clutter,
or redecorating part of your premises to provide better
contrast to someone with a visual impairment.
- providing appropriate or additional training for
staff who may come into contact with customers with
disabilities, to assist them in the provision of services
to and for people with different types of disabilities.
- equipment changes, such as acquiring or using modified
equipment, e.g. a telephone with text display for
use by a deaf customers.
- making service literature and instructions more
accessible e.g. providing a Braille version for blind
customers.
Since 1 October 2004 the duties additionally say that
service providers should make reasonable adjustments
to "physical features".
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
program. Something which might not be considered a reasonable
adjustment now could well be considered reasonable in
future. Access should not be considered once and then
forgotten.
The law gives you a choice. You can remove the physical
feature, alter it, find a way of avoiding it or provide
the service another way. The DRC strongly recommends
that you consider removing the physical feature or altering
it. This is often the safest option because it is the
most likely to make the service accessible. It means
that disabled people receive the services in the same
way as other customers. This is called an 'inclusive'
approach.
Removing or altering physical features does not always
have to be expensive. For example, the way that display
units are set out in a shop may make it difficult for
disabled people to use the service. Simply rearranging
the display units may make a tremendous difference.
Improvements to the lighting could also make the service
more accessible. This could be done immediately or when
you are refurbishing that area.
What is reasonable?
There is no definitive answer. The law uses this phrase
to give some flexibility and allow different solutions
in different situations. However, the Code of Practice
advises that 'reasonable' may vary according to the:
- Type of services provided
- Nature of the service provider and its size and
resources
- Effect of the disability on the individual disabled
person
Some factors when considering what is reasonable are:
- Whether taking particular steps would be effective
in overcoming the difficulty that disabled people
face in getting access
- The extent to which it is practicable for the service
provider to take the steps
- Financial and other costs of making the adjustment
- The amount of disruption caused by taking the steps
- Money already spent on making adjustments
- The availability of financial or other assistance
If you own a corner shop the changes you are expected
to make are different to those expected from a supermarket
chain. Equally a village hall will have different requirements
to the town hall or the banqueting suite in a large
hotel. Installing a lift or new toilets may be inappropriate
for a village hall or corner shop but an absolute necessity
for the hotel or town hall.
|
