Disability Discrimination Act Part III - Access to Goods and Services.

What is the Disability Discrimination Act?
The Disability Discrimination Act 1995 introduced new laws aimed at ending the discrimination that many disabled people face. The Act gave disabled people new rights of access to goods, facilities and services, as well as in employment and buying or renting property.

When does Part III of the Act come into force?
Since December 1996 it has been unlawful for service providers to treat disabled people less favourably than other people for a reason related to their disability. From 1 October 1999 service providers have to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services. From 2004 service providers will also have to consider making reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

When does discrimination occur?
As a service provider, you might discriminate against a disabled person in two ways: by treating him or her less favourably than other customers because of their disability; or by not making reasonable adjustments to the way you deliver your services, so that disabled people can use them.

What does "less favourable treatment" mean?
There are three ways in which you might treat a disabled person less favourably than you treat other customers:

• by refusing to serve him or her;
• by providing him or her with a lower standard of service;
• by providing him or her with a service on worse terms.

So what am I actually required to do?
If it is impossible or unreasonably difficult for disabled people to use your services you may be required to:

• take reasonable steps to change your practices, policies or procedures; or
• provide a reasonable alternative method of making your services available to disabled people.

You may also have to take reasonable steps to provide an auxiliary aid or service to assist or enable disabled people to use your service.

You must consider taking reasonable steps to change your practices (what you do), policies (what you intend to do) or procedures (how you plan to go about it), if they make it impossible or unreasonably difficult for disabled people to use your services.

You must take reasonable steps to provide a reasonable alternative method for making your services available to disabled people, where a physical feature makes it impossible or unreasonably difficult for them to use these services.

You must take reasonable steps to provide an auxiliary aid or service if that would enable or make it easier for disabled people to use your services.

How should I find out what reasonable adjustments I will need to make so that my service is accessible?
Consider whether your services are accessible to disabled people. You should anticipate their needs and the adjustments that may have to be made for them, rather than wait until a disabled person wants to use a service you provide. You could also ask your customers whether they have any special requirements and what adjustments may need to be made. Once you have put a reasonable adjustment in place, make sure, when appropriate, that you draw the attention of disabled people to its existence.

Do I have to make physical changes to my premises?
At present, you do not have to remove or change physical features on your premises, or provide a reasonable means of avoiding the feature. These duties will be introduced in 2004. However, there is nothing in the Act to stop you making physical changes to your premises before then. For example, if you are planning building work or refurbishment you could include these physical changes at that time. From 1 October 1999, however, if a physical feature of your premises prevents a disabled person from using your services, then you must consider whether you can take steps to provide an alternative way of making the service available to disabled people.

Why can't I just deal with any problems as and when they arise?
Because the Act requires you to plan ahead to meet the requirements of your disabled customers.

I am expected to make adjustments, which will probably cost me money. What is in it for me?
There are over 8.5 million disabled people in the United Kingdom and they have considerable collective spending power. Any adjustments you make for disabled people may also benefit other customers and your staff. You will also retain the goodwill of disabled people and their families and friends - one in four customers is disabled or close to someone who is. And you will avoid the risk of legal action against you.

Where can I find out more?
You can find the complete document at http://www.disability.gov.uk/dda/#part3