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Ian Holland
Member - 7 posts
In the event of fire, lifts should not be used; evacuation chairs are available and university staff are trained to use them. Wheelchair users who depend on lifts would be at greater risk as they become reliant on others.
Would it be 'disability discrimination' to locate a class attended by a wheelchair user to a ground floor rather than an upper floor classroom? (The lift is DDA compliant).
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Stephen Morris
Member - 1 post
If the only reason for the proposed change is to make life easier for the wheelchair user, it could be regarded as either patronising or considerate, depending on one's point of view. However, it would be patently absurd to see this as 'discrimination' under the DDA, which in any case does not apply to educational premises. The university only has a duty to under the DDA to publish a disbility statement and report to Governement on its progress. Facilities used by the public (perhaps its lecture halls, conference facilities and auditoria) are required to be accessible - but not its general teaching facilities.
If there is only the one disabled person involved, surely the matter would be best discussed with that individual.
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Anonymous
I think Stephen Morris is quoting the DDA as it applied before the Special Educational Needs and Disability Act 2001. SENDA rewrote Part 4 of the DDA to bring educational establishments fully into DDA legislation. The DRC publishes two excellent Codes of Practice on this - one for schools and one for Post-16.
Post-16 duties are very similar to those on service providers - no discrimination, provide auxiliary aids and services, and from 1.9.05., physical adaptations. Schools are similar, but there is no deadline on physical alterations - schools have a "planning duty" to look toward physical alterations where that will be the best method of ensuring inclusivity.
On Ian's initial question, I would say that moving the class to the ground floor is an excellent way of improving accessibility for a wheelchair user - but where is his/her next class, where are the accessible wcs, where is the accessible entrance, etc.
Best wishes
Bill Quinton NRAC Access Consultant
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Smita Jamdar - Martineau Solicitors
Online advisor - 17 posts
The provisions relating to adjustments to premises in the DDA do not apply to Universities, but the Special Educational Needs and Disability Act does apply and addresses this issue. The exclusion of teaching facilities referred to above has been done away with and these will need to be accessible from, I believe, 1 Sept 2005. I agree, however, that rearranging classes to the ground floor is unlikely to constitute discrimination, unless it affects the quality of the educational experience in some way (e.g no access to labs etc).
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Anonymous
It will depend upon whether the action is considered 'unreasonable' in law. Do you have the resources to enable non-ambulant persons to safely use upper floors? If the answer is 'No', presumably you will have an accessibility plan with short, medium and long-term goals that will address this point.
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Clive Read
Member - 6 posts
Ian
I would be very surprised if anyone took the view that the location of a classroom on the ground floor for the reasons you describe would be seen as disability discrimination. Guidance recommends that services can be provided in more accessible areas such that people can get the same service that an able bodied person does. You still have to bear in mind the health and safety aspects and use of lifts in fires are certainly not recommended; and you may feel that fire refuges are not an adequate alternative.
Regards
Clive Read
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