The DDA

The Disability Discrimination Act (DDA) 

The DDA of 1995 gave disabled people new rights in the areas of employment, access to goods, facilities and services, and the management of or buying and renting of property. Anyone who provides a service to the public has increased duties and responsibilities under the DDA.

How does this affect you?
There are about 10 million disabled people living in the UK who spend an estimated £50 billion each year. Like all consumers they have the right to choose where they spend their money and the right to receive the same service as a non-disabled person.

If you are a provider of goods, facilities or services, the DDA makes it unlawful to discriminate against members of the public on the grounds of disability.

It is unlawful to refuse to provide a service, provide a lesser standard of service or offer worse terms or a service to a disabled person.

The DDA also includes failure to make reasonable adjustments to the way in which the services are provided and failure to make reasonable adjustments to the physical features of the service premises.

Are you a service provider?
Any organization that provides goods, facilities or services to the public, paid for or free, is covered by the DDA regardless of their size.

What are reasonable adjustments? 

It is important that service providers take reasonable steps to make their services accessible.

Since 1 October 1999 service providers have had a duty to make reasonable adjustments to their policies, practices and procedures to avoid discriminating against disabled people. Furthermore, service providers have a duty to provide auxiliary aids, e.g. induction loops and provision of information in alternative formats.  Failure to comply may leave you open to litigation.Since 1 October 1999 service providers have had to make reasonable adjustments to their premises to accommodate disabled people. Failure to comply will leave you open to litigation.

Since 1 October 2004 service providers have had to make reasonable adjustments to ‘physical features’.

Examples of the adjustments be could be required to make include: making adjustments to premises such as access routes, redecorating to provide better contrast for visually impaired people, providing appropriate additional training for customer-facing staff, modifications to equipment, making service literature/instructions more accessible, e.g. Braille, large print, and audio description.

What is a physical feature?
It can be anything from steps to stairways, parking areas, building entrances/ exits/ emergency exits, toilets and washing facilities, telephones, counters, service desks, lighting, ventilation, lifts and escalators.

What is reasonable? 

There is no definite answer. The law uses this phrase to give some flexibility, to allow different solutions in different circumstances. But don’t think this flexibility means you don’t have to be compliant.

Increasingly, the press are reporting increased fines being levied against organizations for non-compliance with the DDA, the vast majority of which could have been resolved, quite simply, before litigation.

Useful Links
MPH Accessible Environments
MPH Accessible Media
Equality and Human Rights Commission