What is the Disability Discrimination Act (DDA)?
In brief, the DDA is an Act of Parliament that aims to reduce discrimination faced by disabled people. The Act has been developed over time through the introduction of the following parts:
- Employment
- Access to goods, facilities and services
- Education, incorporating the Special Educational Needs Act (SEND) 2001
- Public transport
Who is covered under the legislation?
An adult or child is protected if: That person is disabled and has a "A physical or mental impairment which has a substantial and long term effect on a person's ability to carry out normal day to day duties."
What services are covered?
- Local councils
- Government Departments
- Restaurants, bars, pubs and clubs
- Banks
- Shops
- Public Utilities
- Cinemas and Theatres
- Emergency Services (may be some exclusions)
- Schools and Colleges
What are the duties and when do the requirements have to be implemented?
The DDA was introduced in three stages with the following duties being placed:
- Since December 1996 treating a disabled person less favourably because of a reason relating to their disability, has been unlawful.
- Since October 1999, service providers have had to make ‘reasonable adjustments' to the way they deliver their services so that disabled people can use them.
- The final stage (Part 3), means service providers might have to make physical adjustments to their premises, this stage comes into force in October 2004.
What is a Physical Feature?
A Physical Feature Includes:
- A feature arising from the design or construction of a building on the premises occupied by the Service Provider
- A feature on those premises or any approach to, exit from or access to such a building.
- Fixtures, fittings and furnishings, equipment or materials in or on such premises.
- Fixtures, fittings and furnishings, 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 service to the public.
- Any other physical element or quality of land compromised in the premises occupied by the service provider.
All these features are covered whether temporary or permanent. A building means a structure of any kind.
How can I decide what is ‘reasonable adjustment'?
Consideration of time, inconvenience, effort or the discomfort involved for a disabled person to use the service would be considered unreasonable by other people if they experienced the same difficulties.
What am I required to do?
If it is impossible, or unreasonably difficult for disabled people to use your services you may be required to:
- Make ‘reasonable provisions' to change company practice, policies or procedures; and or
- Provide an alternative method of making your service available.
How do I know what adjustments to make?
An access audit establishes how well a building performs in terms of access and ease of use by a wide range of potential users. The recommendations can be used to highlight areas for improvement.
A list of registered Access Auditors is available from the Disability Rights Commission (DRC).
What happens if I fail to make reasonable adjustments?
You need to consider that you could be breaking the law. A disabled person could claim against a service provider whose services are impossible or unreasonably difficult to access.
The National Disability Council Code of Practice details a variety of cases that act as a benchmark as to what constitutes lawful and unlawful practices. Case Law sets a judicial precedent for future cases.
Where can I get financial assistance?
- Lottery funding
- Access to work initiative - provides financial assistance and practical help for people with disabilities to assist them in obtaining a job or carrying out their job. Applications must be made by the person with the disability; the first point of call is the local job centre
- Access to Schools Initiative to: improve access in mainstream schools. One of the main aims of the initiative is to improve access in mainstream schools.
Checklist of Good Practice
Listed below are some steps you can take that will assist in helping you meet with the requirements of the Disability Discrimination Act, as well as meeting your legal obligations.
- Think and plan ahead to meet the requirements of your disabled customers.
- Don't make assumptions about disabled people based on speculation or stereotypes. Think about the wide range of disabilities that there are when planning adjustments.
- If in doubt, ask disabled people themselves how they can best be served. Listen carefully and respond to what they really want. You could also consult with disabled staff and disability organisations.
- Think about the way you treat disabled customers. Let them know how to request assistance, and have a customer complaints procedure that is easy for them to use.
- Ensure that you respect the dignity of a disabled person when providing them with your services.
- Establish a positive policy on providing services to ensure it includes disabled people. Communicate this policy to your staff and monitor its effectiveness.
- Consider putting in place positive practices which will encourage disabled people and others to use your services.
- Make sure your staff training includes your policy towards disabled people and their legal rights, and disability awareness and disability etiquette training.
- Regularly review whether your services are accessible to disabled people.
- Don't wait until 2004 to remove any physical features of your buildings that create a barrier to access for disabled people. Consider doing this at the same time as any building or refurbishment work you are planning, which could help reduce costs and disruption.
- Some smaller businesses may find some of these steps more important then others in making their smaller-scale services accessible to disabled people. However, adopting best practice can only help to ensure that you comply with the act.
Source: Disability Rights Commission (DRC)
HOW DOES PART M OF THE BUILDING REGULATIONS EFFECT MY CHIOCE OF LIFT?
The short answer is that it shouldn't, so long as the lift itself has been properly specified to suit its application which is something we at EquiLift do as a matter of course.
HOW DO I KNOW WHETHER AN INCLINE OR VERTICAL WHEELCHAIR LIFT IS MOST SUITABLE?
There are a many factors governing the choice between incline and vertical platform lifts: space available for the lift; frequency of use; height to be climbed; number of floors to be accessed, width and steepness of stairs, to mention only a few. The Equilift site survey will cover off all these specification issues and we'll provide you with a choice of lifting solutions.
HOW LONG DOES INSTALLATION TAKE?
All our lifts are modular in design so there is a minimum of onsite build to the lift itself. Installation times will vary from site to site, however as a rule of thumb, most lifts can be installed within two or three days.
HOW LONG AFTER PURCHASING THE LIFT CAN WE EXPECT DELIVERY?
This very much depends on the lift you have specified and the specific criteria it needs to fulfil. However, your EquiLift Project Manager will confirm the delivery and installation schedule with you and ensure this is synchronised with any other works taking place or when the minimum disruption to your operations can be guaranteed.
DO YOU OFFER ANY AFTER CARE SERVICE?
Yes, we have a 24 hour care line in operation and service engineers covering the whole of the UK. Service contracts vary from lift tot lift and are usually geared in line with expected frequency of use.
WHAT ARE THE POWER REQUIREMENTS FOR THE LIFTS?
All of our lifts operate on standard UK single phase power supply.
WHAT BUILDING WORK, IF ANY, IS REQUIRED?
Being self supporting, our vertical platform lifts require no structural building work during installation. Some of the larger lifts do require up to a 12cm pit to allow level entry, however, optional ramps are usually available and when fitted, no pit is required.
Our incline stair platform lift rails can either be mounted from on either the stair risers or a structural wall, whichever is the most convenient. Again, these wheelchair lifts require no structural work to the building.
HOW DISRUPTIVE IS THE INSTALLATION PROCESS?
All EquiLifts are of modular construction. This minimises installation times. As no structural work is required, the installation process is confined to as small an area of work as possible. EquiLifts Project Management team will work with you to ensure the minimum disruption.
DO YOU PROVIDE SERVICE ASSISTANCE EVEN IF I DON'T HOLD A SERVICE CONTRACT?
Yes, although those clients who do have an EquiLift service contract will take priority in call out. Service contracts are always advisable with any lift not only to ensure safety, but also efficiency in service; a well maintained lift costs less to operate.
WILL YOU DO A SURVEY ON MY BUILDING AND ADVISE ME?
A survey of your building or plans is necessary in every instance to ensure the correct specification of your EquiLift. |
