What you need to know about making changes to your
premises
What the law says?
The Disability Discrimination Act makes it
unlawful for service providers to discriminate against disabled
people by failing to make reasonable adjustments. From 1 October
2004 this will include considering reasonable adjustments to the
physical features of your premises so that goods, services and
facilities are accessible for disabled people.
Does the Act apply to me?
The Act applies to you if you provide goods or
services to the public e.g. a retail outlet, bar, local authority,
library, bank, health service, conference centre, cinema,
restaurant, garage, hotel or dental practice. This list is not
exhaustive.
Who is covered by the Act?
Disabled people are covered by the Act - about 1
in 5 of the adult population. Disabled people may include those
with mobility or sensory impairments, learning disabilities, mental
ill health, severe facial disfigurements and certain other
conditions. It is important to recognise that not all disabilities
are obvious.
Why should I make any changes?
It makes good business sense to make your
premises accessible. If your premises are not accessible disabled
people may not be able to use your services. You might also miss
out on valuable custom from their families and friends. Making your
premises more accessible will make them easier to use for others
including children, parents, older people and first time visitors.
Failing to make reasonable adjustments could mean you are acting
unlawfully and might result in a court case, a fine and negative
publicity for your business.
What are physical features?
Physical features are any features arising from
the design or construction of a building and any fixtures,
fittings, furnishings and equipment on the premises. This could
include paths, entrances, exits, entry systems, car parking, public
phones, changing rooms, service counters, doors, toilets, stairs,
shelves, waiting areas, signage, floor and wall coverings. This
list is not exhaustive but it shows the variety of features which
can present barriers and for which solutions can be found. You will
have to anticipate the types of problems that could arise so that
when a disabled person requests a service, reasonable steps will
already have been taken to overcome any access issues.
What are reasonable adjustments?
A reasonable adjustment means making changes to
the building your services are delivered from or the way you
deliver the service so that it is not unreasonably difficult for
the disabled person to use your service. Reasonable adjustments
vary from case to case. You can take into account the type of
service being provided, its size and resources and the practicality
of taking a particular step. The Act also says that you can provide
a reasonable alternative method of providing a service if a
disabled person cannot access it. This duty has been in force since
1999.
What can I do?
You can aim to take an inclusive approach when
commissioning building or refurbishment work, aiming for equal
access and best practice from the outset. You will need to identify
the physical features that create barriers to access and find
solutions and alternatives for them. You will need to plan to make
improvements and ensure that once adjustments have been made that
you and your staff are able to maintain access. It is good practice
to let disabled people know about access to your premises. The
organisations listed below and links provided on their websites are
a good starting point.
How can building practitioners help?
Professional building practitioners include
qualified architects, designers, surveyors and registered access
auditors. One of your first points of contact may be your local
authority planning or building standards departments. All of the
above should have a good knowledge and understanding of what the
law requires you to do. Voluntary organisations and local
disability groups may also be able to offer assistance and
information.
Are there any other duties in the Act, which apply to me?
Yes. The Act already requires you to make
reasonable adjustments in relation to auxiliary aids and services
such as communication support or information in large fonts and to
review your policies, procedures and practices. The Act also covers
employment, education and transport. The Disability Rights
Commission can provide more information on the Disability
Discrimination Act.
For more information contact the Disability
Rights Commission on 0131 527 400 or visit their website at
http://www.drc-gb.org/
