Disability Discrimination Act (DDA)

Disability Discrimination Act (DDA)

28/09/2004

From October 2004 organisations have new legal obligations under the Disability Discrimination Act (DDA)

The DDA is the main piece of legislation in Britain affecting disabled people. It aims to end disability discrimination by giving disabled people rights in accessing:

• Employment
• Goods, facilities and services
• Public transport vehicles

The section of the Act covering the provision of goods, facilities and services makes it unlawful for service providers to discriminate against disabled people. Any organisation, large or small, that provides a service to the public or a section of the public is a service provider.

Your Rights in Accessing Services
In accessing public services disabled people have specific rights in two areas:

• The right not to be treated "less favourably"
• The right to "reasonable adjustments"

If a service provider does not respect these rights they might be discriminating against disabled people and could be taken to court.
 
The Right not to be Treated "Less Favourably"

"Less favourable treatment" is when a service provider treats a disabled person in a certain way because they are disabled and this leaves them at a disadvantage. Disabled people have had the right not to be treated less favourably since December 1996.

Less favourable treatment can occur if a service provider:

• Refuses to provide a service - eg Patrick is blind and uses an assistance dog. He makes a booking at a guesthouse. The guesthouse cancels his booking when it finds out about his dog.
  
• Provides a lesser standard of service - eg James and Linda are going out for dinner. They are both deaf and use sign language. When they get to the restaurant they are shown to a table at the back near the kitchens. They think this is because they will be signing to one another. Their meal is constantly interrupted by people coming and going from the kitchen.
  
• Provides a service on worse terms - eg Susan has a physical impairment and is booking a holiday. The travel agent asks her for a larger deposit than it requires from other customers. The travel agent believes, without good reason, that because of her condition Susan is more likely to cancel her holiday.

The Right to "Reasonable Adjustments"

Disabled people also have the right to request "reasonable adjustments". Where it is impossible or unreasonably difficult for a disabled person to make use of services that an organisation offers, the organisation has the responsibility to make "reasonable adjustments" to ensure access to their services. This is called the "duty to make reasonable adjustments".

What is 'Reasonable'?

What is reasonable varies according to the type of services being provided, the nature of the service provider and its size and resources. Service providers are not required to take steps that are, for example, outside their financial means or impractical for them to take. Unfortunately this means that a disabled person might request a service provider to make a particular change, but if the service provider can show that the adjustment is not reasonable, they do not have to fulfil the request.

The duty to make reasonable adjustments is coming into force on a phased basis. From October 2004 the duty to take reasonable steps to overcome physical barriers will be extended. Organisations will have to take steps to:

• Remove the cause of the barrier
• Alter the feature so that it is no longer a barrier
• Provide means of avoiding the barrier
   

When Discrimination is Permissible

In most cases, if the disabled person's rights are breached, the service provider will be guilty of disability discrimination. However, in very limited circumstances, service providers may be able to justify the way they have acted. If they can justify it, it is not disability discrimination under the Act.

Service providers may be able to justify discrimination on grounds of:

• Health and safety
• Incapacity to enter into a contract
• Discrimination being necessary to provide the service

If you are an organisation who wants to make sure you are not discriminating against disabled customers or employers contact:

The Equality Unit
Tel: 0131 337 9876 x253
Textphone: 0131 346 2529
e-mail: eu@capability-scotland.org.uk

What to do if you are discriminated against
If you have been discriminated against, you may be able to take legal action under the DDA.
You should contact the service provider direct and discuss your concerns. Use their complaints procedure if they have one.

If this does not help, you could use the Disability Rights Commission's independent conciliation service. You can get details of this service from the DRC website http://www.drc-gb.org/. This service aims to negotiate a settlement between you and the service provider, without going to court.

If the dispute cannot be settled out of court, the complaint will be heard in the sheriff court. If successful, you could be awarded compensation for any financial loss, including injury to feelings. You can also request that the service provider be prevented from repeating any discriminatory act in the future by seeking what's called an "interdict".

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