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The Disability Discrimination Act (DDA)

Aims to end the discrimination which many disabled people face. Part III of the DDA gives disabled people important rights of access to everyday services that others take for granted. A main part of this is access to buildings. From its inaugural legislation the DDA has moved many employers and service providers to automate their doors both externally and internally, and it is widely recognised that this is without doubt the most effective and preferred way of addressing the legislative requirements

The Disability Discrimination Act of 1995 was introduced in order to ensure that both employers and service providers provided disabled people with protection against discrimination.

Since the introduction of this act is has been unlawful for a service provider to fail to make reasonable adjustments to the way in which the services are provided to disabled people. From October 2004 it will be unlawful for a service provider to fail to make reasonable adjustments to the physical features of service premises in order to overcome physical barriers to access. The service provider has a duty to overcome a physical feature by either removing it, altering it or avoiding it.

The Disability Discrimination Act affects all types and categories of service providers including universities and colleges, hotels, offices and shops.

From 2004, where a physical feature makes it impossible or unreasonably difficult for disabled customers to make use of a service offered to the public, service providers will have to take steps, where reasonable, to:

• Remove the feature, or 

• Alter it so that it no longer has that effect, or  

• Provide a reasonable means of avoiding the feature, or

• Provide a reasonable alternative method of making the service available to disabled people (this fourth duty has been in force since October 1999).

’Physical features’ are defined under the Act as anything on the premises arising from a building’s design or construction or the approach to, exit from or access to such a building; fixtures, fittings, furnishings, equipment or materials and any other physical element or quality of land in the premises. All of these are covered whether temporary or permanent.

Several factors will have a bearing on whether a change is a reasonable one for service providers to have to make, particularly for physical adjustments to premises. These are likely to include:

• Whether taking any particular steps would be effective in overcoming the difficulty that disabled people face in accessing the services in question

• The extent to which it is practicable for the service provider to take the steps  

• The financial and other costs of the adjustment  

• The extent of any disruption which taking the steps would cause

• The extent of the service provider’s financial and other resources  

• The amount of any resources already spent on making adjustments  

• The availability of financial or other assistance.

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Last modified: August 25, 2009