Disability Discrimination Act

Charlie Peel
Member - 38 posts

The whole idea of the part 3 of the DDA is to prevent discrimination of the disabled by service providers who fail to make reasonable adjustments in the way they provide or deliver their service. The next question has to be what is reasonable - I have been led to believe that this question will not be answered until such times as case law has become established.

In some circumstances we are relying upon being able to change the way in which we offer some services to ensure that disabled persons aren't excluded in any way, but please don't make the mistake of thinking that disabled people are all in wheelchairs, there are many other disabilities which require some changes albeit a different contrasting colour on the walls, ceilings and floors, induction hearing loops, large print notices, tactile notices etc.

Get the access audit done, hopefully it will be adequate and well managed, read the recommendations and take a decision recording all of the for and against points then record your decisions, include the need for a periodic review, draw up a timetable for implementation and good luck

Philip Jeffs
Member - 299 posts

I would have thought the first thing to consider more fully is whether you are in fact a service provider? Although the fire service clearly provides a service to the public, does it do so by open public access to its buildings? Could I just walk off the street and into a fire station, or could I have a reasonable expectation of being able to attend some open public function there?

If so then the DDA covers your premises, if not then it doesn't. Perhaps that ought to be your first consideration before you start spending money on access audits, etc?

Lastly, we all seem to be preparing for the worst case scenario with the DDA, but what is that? My understanding of the DDA is that any legal action is brought by the disabled person themselves for discrimination, rather than by any enforcing authority. How many cases is that likley to be? Certainly not in proportion to the money possibly going to be spent by some organisations. I'm all for the underlying purpose of the Act, but the vital word here is 'reasonable' (in terms of physical adjustments) surely? I feel maybe that's being overlooked somewhat?

Charlie Peel
Member - 38 posts

Good point Phillip ? Are they indeed a service provider under the terms of the act. It would be reasonable to assume that any one opening an event to members of the public could be deemed to be providing a service.

Jane - it is possible to contact the Disability Rights Commission vie their web page ? address is

http://www.drc-gb.org/open4all/contactus.asp

Simply click on the DRC Help line link and ask them any questions I am sure they would be able to help

You can view the full web home page on http://www.drc-gb.org

Hope this is helpfull

Anonymous

Many thanks everyone for your comments. I will contact the DRC as suggested.

Gillian Nightingale
Member - 175 posts

Hello Jane

We asked Katherine Phipps for her comments. Katherine works for the JMU Access Partnership (a not-for-profit pan disability access consultancy supported by the Royal National Institute for the Blind)

......

First of all it must be noted that the stations themselves are not covered by the DDA 1995, it is the provision of goods and services from the buildings that is covered. If you provide services from your retained and volunteer stations, then under the provisions of the DDA it should not be unreasonably difficult for a disabled person to access them. Depending on the nature of the parties or fundraising events they may be considered services, and certainly volunteers, such as fundraisers, will be covered by the act.

The Act allows 4 possible approaches to providing access where physical barriers are in place. The barrier can be removed, altered, avoided or the service offered in an alternative manner. Ensuring that visitors are aware of any limitations, and can inform you of any specific requirements they may
have will allow you to manage the situation appropriately. For example, if a fundraiser is a wheelchair user and cannot access the property then the event could be moved to an alternative venue.