Disability Discrimination Act 1995 – Implications for Building Owners

• The Disability Discrimination Act (DDA) first came into effect in December 1995 with the new provisions starting to take effect in December 1996.

• In the act, a disabled person is defined as a person who has a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities. This is a very wide definition and goes well beyond people in wheelchairs to include, people with visual and audio impairments, people with learning difficulties and dyslexia.

• The DDA imposes a duty of Reasonable Adjustment on Employers and Service Providers.

• There is an exemption for small employers (15 people or less). There is no exemption for service providers. An employer / leaseholder / freeholder might also be a service provider if members of the public or visitors came to their premises.

• From October 1999, service providers have to change practices or procedures which make it impossible or unreasonably difficult for a disabled person to use that service.

• From 2004, employers / service providers have to overcome physical features which make it impossible or unreasonably difficult for a disabled person to use a service by removing or altering these features.
  

The legal duty is imposed on:
� organisations and individuals involved in providing services or facilities to the public� those selling, renting or managing land or property

          � all employers (except those employing 15 people or less)

• Discrimination occurs and the law will be broken when:

� a disabled person is treated less favourably than someone else

� the treatment is for a reason related to the persons’ disability� the treatment cannot be justified

• Legal redress - Complainants alleging discrimination, will be able to take cases either through the Conciliation Service or if still not satisfied, the County Court system. Employment issues will be taken through the Employment Tribunal system. Damages for loss of service / employment and injured feelings may be awarded.

• The newly appointed Disability Rights Commission will have a prosecutory / advisory role similar to the Equal Opportunities Commission and the Commission for Racial Equality. The DRC is already showing signs of vigorously upholding disabled rights having already won its first case through the Tribunal system.

• There are exemptions for Private Clubs and for Educational establishments, except where they are providing non educational services although these will be looked at in future proposed legislation.

• Small organisations (undefined) may be exempt from some parts of the Act if they can show that it would be unreasonably onerous or expensive to implement physical alterations to their premises. However, the Courts and the DRC are likely to set a high standard from which few will be exempt. It will take a number of test cases to define what is ‘unreasonable provision.

• The DDA does not override other legislation. Any alterations to premises is still subject to Part M of the Building Regulations, The Construction Design and Maintenance Regulations and the Planning Acts. If premises are Listed Buildings then any alterations would have to be agreed by the Local Authority conservation team or by English Heritage. Listed Buildings are going to be a particularly difficult area for implementation of the DDA.

• The costs of implementing the DDA will fall on freeholders / leaseholders, depending on the terms of the lease. It would be unlawful for freeholders / leaseholders to pass on these costs to their customers, particularly disabled ones. Many arguments on this topic will ensue between freeholders / leaseholders.

• Access Audits involve a thorough site inspection and the preparation of a report which identifies the accessible, user-friendly features of a building and makes recommendations about necessary alterations to comply with the DDA.

The Disability Resource Team can arrange training for your organisation / company / local authority on any of the above issues or on the Disability Discrimination legislation in general.

For more information, please contact
Maurice Press,
Director of the Disability Resource Team
2nd Floor, 6 Park Road
Teddington, Middlesex TW11 0AA
Tel: 020 8943 0022
Fax: 0181 943 5162

Email: [email protected]