Council services
Disability Discrimination Act October 2004
On 1 October 2004 the latest duties placed on service providers to make reasonable adjustments for disabled people were introduced. The aim is to remove barriers that make it impossible or unreasonably difficult for disabled people to make use of services.
The reasonable adjustment duty was part of the original legislation that entered onto the statute books in 1996 and actually came into effect in October 1999. It placed a duty on service providers to:
- Change policies practices and procedures
- Provide auxiliary aids and services
- Overcome a physical feature by providing the service by an alternate method
Since October 2004 the duty to overcome a physical feature was extended to either:
- Remove the feature
- Alter the feature
- Avoid the feature
- Continue to provide the service by an alternative method
Much concern has been expressed by smaller service providers such as corner shops, church halls and voluntary agencies that they will be unable to make the required adustments and so must close or face legal action. However the legislation requires reasonable provision and closing such establishments beacuse they are unable to remove a barrier is not reasonable.
This doesn't mean that service providers should do nothing. For many high street service providers one of the biggest problems is overcoming narrow door widths or steps at the entrance. If these can't be addressed the service provider should be considering what else could be done instead. Its important to recognise there are many different types of impairment some of which may be more easy to accommodate than others. The steps could have a handail. Contrasted step nosing may benefit visually impaired visitors. A glazed panel might at least allow a person to see or be seen from either side of the door. An easily accessible call button for those who cant get passed the obstruction may allow them to summon assistance. All of these adjustments may be considered reasonable in certain circumstances.
Service providers should not only be considering how people get into premises but also:
- How they get around
- What potential hazards there might be
- How information is presented and communicated
- How accessible are additional facilities such as toilets, seating, changing rooms, etc
Removing barriers to access makes great commercial sense as it promotes civil rights for disabled people and may help reduce the risk of legal action.
The October 2004 duty also introduced employment duties to all organsisations. Previously an employer with less than 15 employees was not covered under the Part 2 requirements - not to discriminate against disabled employees.
For the information of service providers, architects and designers the 1 October 2004 also heralds the introduction of a 10 year exemption from the Disability Discrimination Act for works which comply with the recently released Approved Document Part M - 2004 edition - of the building regulations.
If you have any concerns about access issues for your organisation contact our Access Officer for informal help and advice. Further help and information is available on this website. The Equality and Human Rights Commission website also has a wealth of useful information and guidance documentation.
