DDA
(DISABILITY DISCRIMINATION ACT)
Part III Duties.
In June 1998 the Government announced the timetable for the remaining Part
III duties. From 1 October 1999, service providers would have to make 'reasonable
adjustments' such as providing extra help or making changes to the way they
provide services. From 2004, service providers would also have to make 'reasonable
adjustments' to the physical features of their premises to overcome physical
barriers to access.
Duties Under The Act
Businesses have to tailor there goods and facilities to provide reasonable
access to there services for people with disabilities.
Reasonable Adjustments
The Code of Practice explains the changes that constitute reasonable adjustments
including:-
· 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.
· provide an auxiliary aid or service if it would enable (or make
it easier for) disabled people to make use of services.
· Policies, procedures and practices
Auxiliary Aids And Services
The Act gives two examples only of auxiliary aids or services: the provision
of information on audiotape and the provision of a sign language interpreter.
The Code of Practice usefully expands on this, identifying, for example,
specially designed shopping baskets and trolleys in supermarkets for wheelchair
users and others with reduced mobility; hand-held bar code readers with
synthesised voice output to enable visually impaired shoppers to compare
goods and prices; personal assistance in shops or petrol stations; portable
ramps; plain language guides with text and pictures for visitors to museums
who have learning disabilities; a text phone where there is a telephone
booking service; teletext subtitles for television programmes. The Code
of Practice gives guidance on what might be considered reasonable in the
circumstances, taking account of the type of service, the nature of the
service provider and its resources and the effect of the disability on
the individual disabled person.
The Code of Practice spells out the range of auxiliary aids or services
it might be reasonable to provide to improve communication with people
with hearing and sight impairments.
Physical Features
The split between the October 1999 and 2004 implementation dates for reasonable
adjustments is the aspect of Part III that will cause most problems for
service providers. While intended to help businesses with an extended
lead-in time to plan and budget for alterations to premises, in practice
the split is arbitrary and problematic. The Code of Practice says that
a service should be provided by a reasonable alternative method if a physical
feature makes it impossible or unreasonably difficult to access in the
regular way.
A 'physical feature' is defined as including:
· any feature arising from the design or construction of a building
on the premises occupied by the service provider
· any feature on those premises of any approach to, exit from or
access to such a building
· any fixture, fittings, furnishings, furniture, equipment or materials
in or on such premises
· any fixtures, fittings, furnishings, furniture, equipment or
materials brought onto premises (other than those occupied by or on behalf
of the service provider) in the course of (and for the purpose of) providing
services to the public
· any other physical element or quality of land comprised in the
premises occupied by the service provider.
Problems And Issues.
Service providers should plan ahead by taking any opportunities which
arise, or bringing forward plans, to make alterations to their premises
to benefit disabled people before 2004'.
Access Audits
The Code of Practice encourages the auditing of physical and non-physical
barriers to access for disabled people. An access audit and the resulting
access improvement plan are, the best way of ensuring that a building
achieves its potential for accessibility, this varying from one building
to the next.
ACP have trained surveyors in this area and have carried out audits dating
back to 1998 for Royal Mail Property Holdings and over the last five years
for organisations such as NCP Ltd and various local authorities.
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