Legislation
Disability Descrimination Act 1995 - Part 4
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LEGISLATION AND THE TRADER
Part 4 of our dissection of the Disability Discrimination Act 1995 deals in part of one of the most important dates for ‘service providers’ to have observed. This was October 1 1999 when all providers of goods, facilities and services to the public were required to make ‘reasonable adjustments’ if it is impossible or ‘unreasonable difficult’ for a disabled person to make use of a service unless the ‘service provider’ can show that the failure to comply was justified.
There is an obligation in law through the provisions of Disability Discrimination Act 1995 [DDA] to make ‘reasonable adjustments’ to disabled people at large, and not just to individual disabled people. This means that ‘service providers’ have a duty to anticipate the requirements of disabled people.
A ‘service provider’ should not wait until a disabled person wants to use their services before investigating the need to make ‘reasonable adjustments’ but should be looking at the issue of adjustments as an on-going matter. For instance if the lay-out of a shop is redesigned or modernised, care must be taken to accommodate the requirement of the 1995 Act.
In order for a disabled person to bring a case on the grounds that a ‘service provider’ has failed to make such a ‘reasonable adjustment’, they will need to establish that:
- that the service provider failed to comply with their general duty to make reasonable adjustments to ensure that their ‘services’ are accessible to disabled people
- the disabled person found it impossible or unreasonably difficult to make use of the service,
- the service provider cannot show that the failure to comply with the duty is justified.
Under the 1995 Act, ‘service providers’ have a legal duty to take ‘reasonable steps’ to:
- change a policy, perhaps and procedure which makes it impossible or unreasonably difficult for disabled people to make use of its services.
- provide the service by a reasonable alternative method 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.
The Disability Discrimination Act 1995 also allows ‘service providers’ to justify their less favourable treatment and/or failure to make ‘reasonable adjustments’ in limited, specific circumstances.
In the ‘service providers’ reasonable opinion at the time of the incident. one or more of reasons for providing a less favourable treatment must apply. For instance:
- to avoid the risk to the health or safety of the disabled person
- it is necessary because otherwise she/he would not be able to supply the service to others
- to reflect the extra cost in the case of small businesses
- there are specific justifications relating to insurance, guarantees and deposits
- hen special situations in which it is not unlawful to discriminate against a disabled person when the service is required to do so by other legislation or when the discrimination is for a reason a matter of national security. etc. etc.
It should be remembered that no businesses or premises are exempt from the 1995 Act. Listed Buildings, farms, gardens, museums, exhibitions, bed and breakfast, shops. hotels, etc. are all fully within the provisions of the Act and therefore must comply as far as possible totally with the provisions.
There is also a second Disability Discrimination Act 2005 which extends the rights of disabled people and also updates changes to transport systems, services of public authorities, rented accommodation, private clubs, duties of the public sector, extensions to the 1995 Disability Discrimination Act and discriminatory adverts. In Part 5, we will reveal a summary of the 2005 Act which will conclude our brief review of the primary legislation in force in Great Britain to protect the rights of all qualifying disabled people.
We have tried to provide at least a summary and an in-site into the Disability Discrimination Acts 1995 and 2005. So whilst you wait for the summary of the 2005 Act in Part 5, which we can assure will be much shorter than the 1995 summary, we would suggest that all those wishing to know more about the Acts could either log onto one or all of the following websites, www.opsi.gov.uk/acts or www.direct.gov.uk or www.disability.gov.uk or www.dwp.gov.uk or contact the Disability Rights Commission at www.drc.org.uk or take legal advice from your solicitor. There are also a number of booklets issued by the Government available via the websites.
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