Home

Disability Discrimination Act - Service Providers

On 1st October 2004 the Disability Discrimination Act was amended and duties for service providers to make reasonable adjustments for disabled people were introduced. The aim was 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 but actually came into effect in October 1999.

This 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

Any services unable to make the required adustments do not need to close, and may not face legal action, the legislation requires reasonable provision and closing such establishments because they are unable to remove a barrier is not reasonable.

This does not 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 are proven impossible to address the service provider must consider what reasonable adjustments can be made instead . Making even small changes, often with low cost implications, will assist people with certain impairments, for example

Steps could have a handrail.
Contrasted step nosings/edges will benefit the visually impaired.
A glazed panel could allow a person to see or be seen from either side of the door.
An well identified and accessible call button will allow someone to summon assistance.

Service providers should not only be considering how people get into premises but also:

How they get around once inside
What potential hazards there might be
How information is presented and communicated eg good signage
How staff/employees deal with disabled visitors
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, increases revenue from this group of people, and reduces the risk of litigation under the DDA.

The October 2004 duty also introduced employment duties to all organsisations. now an employer with less than 15 employees is not allowed to discriminate against disabled employees.

For the information of service providers, architects and designers, 1st October 2004 also heralded the introduction of a 10 year exemption from the Disability Discrimination Act for works which comply with 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 The Equality and Human Rights Commission website which has useful information and guidance documentation.