Consultation announced on 2006 disability legislation

Disability Rights Commissioner Bert Massie has launched a consultation on the DRC's revised draft Code of Practice for the Disability Discrimination Act (DDA) 1995. The consultation is aiming to take into account recent amendments to the Act which come into force in December 2006.

The revised Act will ease the difficulties disabled people face finding suitable housing.

Landlords, both private and social, will have new duties placed on them. At the moment landlords are required to ensure that they do not treat disabled people less favourably because of their disability. From December 2006 landlords will have to make reasonable adjustments to their policies, practices and procedures, and provide auxiliary aids and services, when requested to by a disabled person. This change in legislation will go some way in addressing the inequalities disabled people face when accessing social and privately rented housing.

The revised Act also tackles the problem of thousands of disabled people living in unsuitable accommodation being refused permission to make essential adaptations to their homes.

The revised Code reflects changes in the DDA that affect the following areas:

· the housing sector, with important new duties placed on those letting, managing and controlling property;

· public authorities, some of whose functions had previously not been covered by the Act;

· private clubs, where previously, activities regarding members had not been covered.

There are no changes to the duties of those already covered by Part 3 of the DDA, for example, service providers such as shops and restaurants - the area most likely to impact on commercial organisations, many of whom are still trying to come to terms with the changes that came into force on 1 October 2004.

Agnes Fletcher, Assistant Director for Communications at the DRC, said:

“The revised legislation goes some way to closing the gaps with regard to disabled people's rights to housing. It means that social and private landlords are covered by reasonable adjustment duties of the DDA that apply to other services. The consultation on the revised Part 3 Code gives social and private landlords the opportunity to explore how these duties will affect their role as landlords as well as improve access to housing for disabled people.”

The new Act also gives disabled people the right not to be refused entry to private clubs on grounds of disability - as members or as guests - and will place the onus on the owners to make reasonable adjustments where necessary, as is the case for service providers generally under the Part 3 duties.

Public authorities, who already have to ensure their services are accessible to disabled people, will now be unable to discriminate against a disabled person while carrying out a public function. This will particularly affect public bodies such as planning and highways departments, the police and immigration services, as these organisations tend to carry out public functions alongside services.

Workplace Law has published a special report to help building owners, managers, landlords and the architecture and design community understand their responsibilities under the recently introduced legislation. Disability: Making Buildings Accessible, now in its third edition, is available from at a cost of £99.00 with free post and packaging, ISBN 1-900648-48-2. The 10th Disability: Making Buildings Accessible Networking Conference is also taking place in Huntingdon on 27 September 2005. Please call 0870 777 8881 for more details.