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The Disability Discrimination Act

What duties will be placed on service providers ?

Service providers will be required to make reasonable adjustments for disabled people so that they can use the service. The duty to make reasonable adjustments applies when access to a service is impossible or unreasonably difficult. This duty is being introduced in two stages.

From 1 October 1999 Service providers will be required to:

  • make reasonable adjustments to policies, procedures or practices which exclude disabled people (for example, exempting working dogs from a "no dogs" policy in a restaurant)
  • provide auxiliary aids and services (such as providing information on cassette or installing a portable induction loop) to enable or make it easier to use a service; and
  • where a physical feature is a barrier to service, finding a reasonable alternative method of delivering the service (for example, it might be reasonable for a shop owner to bring different items on display to a place that the disabled person could access).

Service providers are not, at present, required to do anything that would mean making a permanent alteration to, or which would have a permanent effect on, the physical fabric of premises, fixtures, fittings, furnishings, furniture, equipment or materials when providing an auxiliary aid.

That requirement will take effect from 2004. However, the Act does not prevent service providers from taking the requirements of the 2004 provisions into account at an earlier stage. Indeed, it might be more effective and economical to adopt such an approach.

From 2004. Where there is a physical feature that makes it impossible or unreasonably difficult for a disabled person to make use of a service, service providers will have to take reasonable steps to remove, alter or avoid it (for example, by installing a permanent ramp to enable wheelchair users to gain access to premises previously reached only by steps) if the service cannot be provided by a reasonable alternative method.

When should service providers start to make changes to their premises ?

Service providers may wish to take steps to comply with the remaining duties in relation to physical features before they come into force in 2004 (including providing an auxiliary aid which involves an alteration to the physical fabric of the building). Whenever a service provider is planning and executing building or refurbishment works, such as extending existing premises or making structural alterations to an existing building, it is sensible to consider the removal or alteration of physical features which create a barrier to access for disabled people or the provision of a reasonable means of avoiding the physical feature, even though the law does not yet require this. It might be more cost effective to make these alterations before 2004 and the Act does not prevent service providers from doing so.

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