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Guide to DDA



Introduction


The DDA (Disability Discrimination Act 1995) was put in place to make it unlawful to discriminate against disabled people by refusing them service, providing the service on worse terms or providing a lower standard of service. Part III of the Act states that where a service provider has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which they provide, necessary changes must be made in order to make the service more accessible. Part III of the act came into force on 1st October 2004 and concerns the adjustment of physical barriers in all buildings with public access.

Duty of Service Providers to Make Adjustments


Service providers have an obligation to make reasonable adjustments to the features of their premises which (for example, the design or construction of a building or the approach or access to premises) make it impossible or unreasonably difficult for disabled persons to use the service.
They must take steps to:
•    Remove the feature.
•    Alter it so that it no longer has that effect.
•    Provide a reasonable means of avoiding the feature; or
•    Provide a reasonable alternative method of making the service in question available to disabled persons.

Businesses Affected


Businesses affected by the legislation include all providers of services, goods and facilities, and those selling, letting or managing premises.
All other buildings with public access must also comply.
The Part III Code of Practice gives some examples of service providers:
•    Hotels, guest houses and hostels.
•    Shops, public houses and restaurants.
•    Offices.
•    School, colleges and universities.
•    Leisure and sports facilities.
•    Local councils and governments.
•    The emergency services.
•    Charities and voluntary organisations.
•    Hospitals, doctors surgeries and clinics.

Consequences of Non-Compliance


The DDA will not be subject to a formal inspection regime. However, there will be an investigation if a complaint is made by a person who feels they have been discriminated against. The Disability Rights Commission will support disabled people in securing their rights under the DDA if a complaint is made to them and penalties may be decided by a Civil Action in a County Court for damages such as injury to feelings.

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