Go to main content

Publications

improving access to information for disabled people

Disability Discrimination Act 1995

Rights of access to goods, facilities, services and premises

Part 3 of the Disability Discrimination Act 1995 places duties 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 Act, subject to limited exceptions, affects anyone concerned with the provision in the United Kingdom of services to the public, or to a section of the public, whether in the private, public or voluntary sectors. It does not matter if services are provided free – such as access to a public park – or in return for payment – for example, a meal in a restaurant.

Among the services which are covered are those provided to the public by:

The first duties under this section of the Act took effect from 2 December 1996 and these were:

On 1 October 1999 additional duties were introduced. From this date service providers have had to take reasonable steps to:

  1. Change a practice, policy or procedure which makes it impossible, or unreasonably difficult, for disabled people to use a service – such as amending a ‘No Dogs’ policy by allowing an exception for disabled people with assistance dogs.
  2. Provide an auxiliary aid or service if it would enable (or make it easier for) disabled people to make use of services.

    Examples of auxiliary aids and services are as follows:
    • provision of information such as menus, leaflets or guides on audio tape, large print or Braille
    • a sign language interpreter
    • a particular piece of equipment, such as a loop system for hearing aid users or audio described performances at a theatre
    • extra assistance to disabled customers, clients or service users
    • a temporary portable ramp so that a wheelchair user can enter premises safely.
  3. Provide a reasonable alternative method of making services available to disabled people where a physical feature makes it impossible, or unreasonably difficult, for disabled people to make use of them - such as a member of staff bringing items to a cash till for a disabled customer or, in a building where the main public entrance is up a flight of stairs, allowing access for disabled people through a staff entrance that is fully accessible.

Changes from the 1 October 2004

From 1 October 2004, service providers will have to take reasonable steps to remove, alter or provide reasonable means of avoiding; physical features that make it impossible or unreasonably difficult for disabled people to use a service.

Physical features will include the following areas:

Examples:

Information/Advice services should provide accessible premises, including accessible reception desks, accessible interview rooms, and information in a range of formats such as large print, Braille and audio.

Shops should provide accessible changing rooms, seats, accessible shelves and display racks, accessible counters and wheelchair circulation space.

Restaurants, cafes and bars should provide circulation space around tables; movable furniture as opposed to fixed furniture; menus in other formats such as large print, Braille, audio; self-service counters at an accessible height; lowered section at a bar.

Hotels should provide accessible reception desks, accessible bedrooms, accessible showers, accessible dining rooms and bars, accessible leisure facilities.

Code of Practice

The Code of Practice on Rights of Access to Goods, Facilities, Services and Premises has recently been revised to take 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, the revised Code commenced on 27 May 2002 in order to encourage service providers to be proactive and to assist them to prepare for their extended obligations.

The Code uses examples of good practice to illustrate how the Act is likely to work and the following example highlights the principle of ‘reasonable steps’ in relation to physical features.

Example

An organisation runs an information service that is located on the second floor of an office building and is accessed by a flight of stairs. This makes it impossible or unreasonably difficult for some disabled people to get to it.

Since 1 October 1999 the organisation has had to consider what it could do to provide a reasonable alternative method of making its service accessible to disabled members of the public. For example, it might provide the service in the form of a telephone inquiry line. This may be a reasonable alternative method of providing the service if it effectively delivers the service in another way.

However, if it does not do so (for instance, if staff also help people to complete forms and that cannot be done by telephone), the provision of a telephone service may not be a reasonable alternative. The organisation will then have to consider whether there are other reasonable steps it can take to provide the same service. For example, it might provide a courtesy telephone on the ground floor to enable disabled people to call staff down to help them.

Despite this, if the service is still not accessible to all disabled people, from 1 October 2004 further reasonable steps may involve a physical alteration of some kind. For example, it might be reasonable to install a lift or to move the information service to ground floor premises. Although there is no requirement to make physical alterations before 1 October 2004, it may be sensible to consider and give effect to such possibilities before then, especially if refurbishment of the building is being planned.
Example

Mr S, who is visually impaired, has an account with a mail order company. He requires written information to be sent to him in 18-point font or to be photocopied at 200%. The mail order company had a dedicated staff member to be responsible for enlarging and sending Mr S’s account statement so that he received it at the same time as other customers.

This arrangement broke down, and Mr S stopped receiving large print statements although he repeatedly asked for them. Mr S received a letter from the company, which he felt was threatening, stating that he owed money and needed to make a minimum payment.

Following intervention from the Disability Rights Commission, the company appointed a deputy staff member to send out written information when the designated staff member is absent. The built-up administration charges were deducted from Mr S’s account and arrangements were put in place to check the status of the account before sending out standard reminder letters.

These examples could apply to many other service providers, Housing Associations, Local Government etc.
(Source: Disability Rights Commission)

Other provisions

A service might appear to be provided by more than one service provider. In such a case it may be important to identify who is actually responsible for the provision of the service that has given rise to the alleged discrimination. In some cases, liability under the Act may be shared among a number of service providers.

Example

An information service provides a non-residential conference at a hotel. The information service is responsible for any duties that may arise under the Act in respect of the conduct of the conference and the choice of an accessible venue. However, the hotel may provide some services that are part of the conference facilities, such as toilets, for which it is responsible under the Act. In addition, services provided by the hotel which are ancillary to the conference – for example, accommodation the night before the conference – are also those for which the hotel is likely to be liable under the Act.

Education

Previously, Part 3 of the Act specifically excluded education from the provisions relating to goods, facilities and services. However, any other educational or training services provided to the public, such as privately run establishments providing further education or training, were subject to Part 3. Non-educational services that were provided by any school, college or university, whether wholly or partly to the public, were also subject to this part of the Act.

Education after 1 September 2002

Prior to this date, Part 4 of the Act only required schools, local education authorities, colleges and universities to provide information on access to education for disabled pupils and students.

However, a new Act, the Special Educational Needs and Disability Act (SENDA) 2001 introduced new obligations, which will come into force in stages, beginning on 1 September 2002. This Act has amended Part 4 and expanded the duties in relation to disabled pupils and students. It has also removed the exemption of education from Part 3, although where a Part 4 duty applies, Part 3 cannot apply.

Following this implementation date, some services which had previously been excluded from Part 3, and which do not fall within Part 4, are likely to be covered by Part 3 of the Act. This includes non-statutory youth services, such as clubs and activities run by voluntary organisations, the Scouts or church youth clubs.

Note

It should be noted that in 2002 the Scottish Parliament passed the Education (Disability Strategies & Pupils’ Educational Records) Act (Scotland), placing a duty on schools to show that they are making the physical environment, information and the curriculum more accessible for disabled pupils. This duty had already been placed on schools in England and Wales through SENDA.

The use of any means of transport

Part 3 of the Act imposes specific duties on transport providers and these relate to the transport infrastructure – bus stations, railway stations, airports and ports. It also deals with matters like timetables, booking facilities, waiting rooms etc. These duties have been introduced in stages since 1996, with virtually all the remainder to come into force on 1 October 2004.

However, Part 3 of the Act does not apply to any service so far as it consists of the use of any means of transport, such as taxis, hire cars, buses, coaches, trains, aircraft and ships. Access to the means of transport is dealt with under Part V of the Act, which allows the government to set access standards for buses, coaches, trains, trams and taxis.

Services not available to the public

Private clubs

Services not available to the public, such as those provided by private clubs, are not covered by Part lll of the Act. However, where a club does provide services to the public then the Act applies to those services. For example, if a private golf club hires out its facilities for a wedding reception, the Act applies to this service. If the club allows non-members to use the course, a refusal to allow a disabled golfer to play is likely to be subject to the Act.

Manufacturers and designers of products

The manufacture and design of products are not in themselves covered by Part lll of the Act because they do not involve the provision of services direct to the public. However, if a manufacturer does provide services direct to the public, such as selling products by mail and telephone order, then it may have duties under the Act as a service provider.

Please note

The information contained in this publication is believed to be correct at the time of publication. Whilst care has been taken to ensure that the information is accurate, the publisher can accept no responsibility for any errors or omissions or for changes to the details given.

Useful contacts

The Disability Rights Commission (DRC)

DRC Helpline
FREEPOST
MID 02164
Stratford upon Avon
CV37 9BR
Telephone 08457 622 633
Text Phone 08457 622 644
Fax 08457 778 878
Website: www.drc-gb.org
Email:

UPDATE Scotland’s National Disability Information Service

27 Beaverhall Road
Edinburgh
EH7 4JE
Telephone 0131 558 5200
Text Phone 0131 558 5202
Fax 0131 558 5201
Email
Website www.update.org.uk

|top|

Page updated 11 February 2004