Disability Discrimination Act - Slip resistant and anti slip stair treads to comply with the Disability Discrimination Act 1995 or the DDA

FibreGrid's slip resistant and anti slip stair treads to comply with the Disability
Discrimination Act laso known as the Disability
Discrimination Act 1995 or the DDA

This revised Code of Practice deals with the duties placed by Part III of the Disability Discrimination Act 1995 on those providing goods, facilities or services to the public and those selling, letting or managing premises. The Act makes it unlawful for service providers, landlords and other persons to discriminate against disabled people in certain circumstances.

The duties on service providers are being introduced in three stages:

· since 2 December 1996 it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;

· 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 they provide their services; and

· from 1 October 2004 service providers may have to make other “reasonable adjustments” in relation to the physical features of their premises to overcome physical barriers to access.

The duties on landlords and other persons in connection with the selling, letting and managing of premises were introduced on 2 December 1996 . Since that date, it has been unlawful for them to treat disabled people less favourably for a reason related to their disability. There is no equivalent duty to make “reasonable adjustments” in relation to those premises.

The original Code, which was issued in 1996, was revised in 1999 in the light of experience gained since the first duties were implemented in December 1996 and to take account of the duties imposed on service providers from 1 October 1999 . This Code replaces the revised Code. It takes account of the further duties on service providers to make adjustments when the physical features of their premises make it impossible or unreasonably difficult for disabled people to use their services. Although these remaining duties do not come into force until 1 October 2004 , this Code is being issued now in order to encourage service providers to be proactive and to assist them to prepare for their extended obligations.

Commencement Date is May 27 2002

Foreword

The Disability Rights Commission (DRC) has written and produced this Code of Practice on Part III of the Disability Discrimination Act (DDA). The Code is a revision of the consultative draft published by the DRC in May 2000 to take account of further duties under the DDA coming into force in 2004.

The DRC undertook a wide-ranging consultation on the Code involving both disabled people and service providers. The new duties upon service providers, which come into force in October 2004, were the main focus of the consultation. In response, extensive changes have been made throughout the Code. The most notable of these is the inclusion of a new chapter on the linkage between the DDA and the Building Regulations and the impact of leases. This chapter meets many of the concerns of respondents to the consultation for more detailed information in these areas.

The Code sets out our understanding of the law but there is undoubtedly some ambiguity and there are areas that will require testing in the courts. An example of this is the question of the measures service providers should take from 2004 to ensure that a physical feature is not making their service impossible or unreasonably difficult for disabled people to use. The Act sets out four possible options for service providers: removing, altering or avoiding a physical feature or providing the service by alternative means. The DDA does not prescribe what approach the service provider should use. However, the DRC believes that good practice and the most sensible approach will be to remove or alter the physical barrier to the service wherever this is possible. This is undoubtedly the most effective long term solution for both the service provider and disabled people.

The DRC has produced a range of information to help service providers in relation to their duties in 2004. This includes a Practical Guide for Small Business and Other Service Providers and some case studies. We would welcome any suggestions for further information which would be helpful.

This Code is a major tool in helping achieve the DRC's aim of “A society where all disabled people can participate fully as equal citizens”. Making services accessible for disabled people is also good for business. I am sure that this Code will be a valuable resource in this important undertaking.

Bert Massie

Chairman, Disability Rights Commission

1. Introduction 1

Purpose of Part III of the Act 1

Purpose of the Code 1

Status of the Code 1

How to use the Code 2

Examples in the Code 2

References in the Code 3

Changes to the legislation 3

Further Information 4

2. What does the Act say about providing services? 5

Introduction 5

What does the Act make unlawful? 5

What does the Act mean by ‘discrimination’? 6

Who has rights under the Act? 6

What services are affected by Part III of the Act? 8

What services are not affected? 8

Education 8

Education after 1 September 2002 8

The use of any means of transport 8

Services not available to the public 8

Private clubs 8

Manufacturers and designers of products 8

The service provider’s duty not to treat a disabled

person less favourably 8

Introduction 8

What is unlawful? 8

Less favourable treatment 8

Must a service provider know that a person is disabled? 8

A service provider’s legal liability for its employees 8

What steps should a service provider consider? 8

Refusal or non-provision of service 8

Standard or manner of service 8

Can service providers treat a disabled person more

favourably? 8

Making changes for disabled people: the service

provider’s duty to make reasonable adjustments 8

Introduction 8

What does the Act say? 8

What is the duty to make reasonable adjustments? 8

General approach to making reasonable adjustments 8

Use of reasonable adjustment examples 8

To whom is the duty to make reasonable adjustments owed? 8

At what point does the duty to make reasonable adjustments

arise? 8

Does the duty of reasonable adjustment apply even if the

service provider does not know that the person is disabled? 8

Must service providers anticipate every barrier? 8

How long does the duty continue? 8

What is meant by “reasonable steps”? 8

Protecting the fundamental nature of a business or service 8

Cost of providing reasonable adjustments 8

What is “unreasonably difficult”? 8

What happens if the duty to make reasonable adjustments

is not complied with? 8

5. Reasonable adjustments in practice 8

Introduction 8

Practices, policies and procedures 8

What is the duty to change a practice, policy or procedure? 8

What are practices, policies and procedures? 8

What are “reasonable steps” in relation to practices,

policies and procedures? 8

Auxiliary aids and services 8

What is the duty to provide auxiliary aids or services? 8

What is an auxiliary aid or service? 8

What are “reasonable steps” in relation to auxiliary aids or

services? 8

Using auxiliary aids or services to improve communication 8

Provision for people with a hearing disability 8

Provision for people with a visual impairment 8

Provision for people with other disabilities or multiple

disabilities 8

Overcoming barriers created by physical features 8

What is the duty to make reasonable adjustments in

relation to physical features? 8

What are a service provider's obligations in respect of

physical features? 8

Adopting an 'inclusive' approach 8

How can service providers identify possible adjustments? 8

What is a “physical feature”? 8

Removing the physical feature 8

Altering the physical feature 8

Providing a reasonable means of avoiding the physical

feature 8

Providing a reasonable alternative method of making

services available 8

6. How do building regulations and leases affect

reasonable adjustments? 8

Introduction 8

Building regulations 8

Summary 8

Requirements 8

Where the exemption applies in England and Wales 8

Where the exemption applies in Scotland 8

Application of the exemption throughout Great Britain 8

Leases, binding obligations and reasonable adjustments 8

What about the need to obtain statutory consent for some

building changes? 8

What if a binding obligation other than a lease prevents a

building being altered? 8

What happens if a lease says that certain changes to premises

cannot be made? 8

What happens if the lessor has a 'superior' lessor? 8

How will arrangements for gaining consent work? 8

When is it unreasonable for a lessor to withhold consent? 8

What conditions would it be reasonable for a lessor to make

when giving consent? 8

What happens if the lessor refuses consent or attaches

conditions to consent? 8

Reference to court 8

Joining lessors in proceedings 8

7. Can a service provider justify less favourable treatment

or failure to make reasonable adjustments? 8

Introduction 8

Less favourable treatment 8

Failure to make reasonable adjustments 8

The general approach to justification 8

Health or Safety 8

Incapacity to contract 8

Service provider otherwise unable to provide the service

to the public 8

To enable the service provider to provide the service to the

disabled person or other members of the public 8

Greater cost of providing a tailor-made service 8

8. Special rules affecting insurance, guarantees and

deposits 8

Introduction 8

Insurance 8

When is disability relevant to the provision of insurance

services? 8

What is information relevant to the assessment of an

insurance risk? 8

What is the practical effect of the special rules on insurance? 8

Existing insurance policies, cover documents and master

policies 8

Guarantees 8

What is a guarantee?

Contents