Disability Discrimination Act - A guide for disabled people

Taken from the Disability Right Comission Web site

What it means to you - A guide for disabled people - 2004

Do you find it difficult to get access to some services (for example, at a shop, restaurant, library or the doctor's surgery)?

As a disabled person you have rights of access to goods and services.

Disabled people already have important rights under the Disability Discrimination Act when it comes to using services or accessing goods.

From October 2004 these rights will be extended and service providers will have to consider making changes to physical features which make it unreasonably difficult for disabled people to use their services.

Introduction

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.

• Since 2 December 1996 it has been against the law for service providers to treat you less favourably because of your disability.

• Since 1 October 1999 service providers have had to make "reasonable adjustments" for you, such as giving extra help or changing the way they provide their services.

• From 1 October 2004 service providers may have to make other "reasonable adjustments" to their premises so that there are no physical barriers stopping or making it unreasonably difficult for you from to get use services.

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 from TSO (0870 600 5522 priced £13.95), in a range of formats and on the DRC website www.drc-gb.org

Frequently asked questions

Do these rights under the Act apply to all 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:

• Substantial (that is, more than minor or trivial) and;

• Adverse and;

• Long term (lasting or likely to last for at least a year).

This means that not only do people with mobility impairments have rights but also disabled people with sensory impairments, learning difficulties or mental health issues, as well as many other disabled people.

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:

• The type of services being provided,

• The nature of the service provider and its size and resources,

• The effect of the disability on you.

These are some of the factors that service providers might have to take into account:

• Whether taking particular steps would overcome the difficulty that you face in accessing their service,

• How practicable it is to take the steps,

• The financial and other costs of this,

• How disruptive it would be,

• How much money and other resources they have available to spend on it,

• How much they have already spent,

• What financial help is available to them.

So you need to think about these factors when looking at whether the service is reasonable.

Is it all right 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.

If a service provider does nothing until you are unable to use their services they could well be in breach of the law.

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 all right 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.

If I find it unreasonably difficult to use a service what should I do?

The most sensible thing is to talk to the service provider. It may be that they have considered this issue and have made changes that aren't obvious, such as an alternative entrance, staff who can help with providing the service or something similar. They may have plans for changes to address the issues. Although they may not have fully met their legal duty, it could be useful information.

If discussing this with them or contacting them in another way such as in writing or by telephone does not resolve the situation then you can consider taking it further and contacting a local disability organisation or the DRC Helpline for advice.

The DRC provide a Helpline and a conciliation service. The Helpline is there to advise everyone about his or her rights and responsibilities. Just as you can contact us to discuss a potential case of discrimination, a service provider can ring to get details of organisations that can help identify barriers and how they might be removed. The DRC Helpline is open from 08:00 to 22:00, Monday to Friday.

You may have experienced discrimination, but you and the service provider are willing to try conciliation rather than go straight to the courts. Not only does conciliation often lead to compensation but also often the service provider makes major changes that benefit to all disabled people. The DRC contacts an independent conciliation service that can be used by both parties.

If none of this resolves the situation you can consider taking legal action against the service provider.

England and Wales

In England and Wales you can ask for a free application form from your local county court. The form will include guidance notes. Normally, you must issue your claim within 6 months of the date when you were discriminated against. You will have to pay a fee of £115 to issue proceedings, unless you are claiming certain benefits or have a very low income. In most cases, your claim will be allocated to the small claims track (all claims of £5000 or less). The small claims procedure is meant to be simple and informal. You should be able to conduct your case without a solicitor.

Scotland

In Scotland there are three different types of court action.

• Small claim: If your claim is for £750 or less (this figure is presently under review and you should check with your local Sheriff Court) then you can make a small claim action. The Sheriff Court will give you a form for this and can help you complete it. It will cost you £36 to lodge your claim. You won't be able to ask for any other type of order though, for example a declaratory that you have been discriminated against. This is a do-it-yourself system, so you cannot get Legal Aid to pay for a lawyer to represent you, although you may qualify for Legal Advice and Assistance, which means that you can get advice from a lawyer.

• Summary cause: If you want to claim between £750 and £1500 then you should use the summary cause procedure (again, check the up-to -date financial limits). The Sheriff Court will be able to give you a form and help you complete it and the fee to lodge your claim is £36. You may be able to get Legal Aid to help pay for a lawyer to represent you, depending on your income – see a lawyer or contact the Scottish Legal Aid Board for more information.

• Ordinary cause: If your claim is for more than £1500, or if you want another order such as an interdict to stop further discrimination, then you will need a court action under the ordinary cause procedure. There is no form for this and you will need a lawyer to draft an Initial Writ (the document that explains your claim). The lodging fee is £46. Legal Aid is available if you qualify for it – see a lawyer or contact the Scottish Legal Aid Board.

Summing up

• Service providers already have to make reasonable adjustments under the DDA to consider policies, practices and procedures and provide aids or services to help access.

• From October 2004 these duties will be extended to dealing with physical features that make it difficult for you to use services.

• Service providers should anticipate everyone's needs and not just make changes when an individual cannot use their services.

• If after October 2004 you find a service unreasonably difficult because of a physical feature you should raise this with the service provider but also consider other options including legal action.

Published February 2002 © Disability Rights Commission.

Please click here to go back to the home page