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Indie article - November 2004: Feature on new disabled accessibility legislation by Paul Smith - The Disability Discrimination Act and you.
Recent changes in legislation have affected every retailer, publican, theatre impresario and sporting venue manager in the country. The question is, are you complying with the new rules? The Disability Discrimination Act has been on statute books since 1995 but has been implemented in stages. On 1 October 2004 phase 3, the final part, became law. For people with disabilities this change has been described as a landmark. You should know all this already, but if somehow you’ve missed it a broad outline of the changes follows.
Since the 2nd December 1996 it has been unlawful for you to treat disabled people less favourably for a reason related to their disability - Fair enough.
Since the 1st October 1999 you have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way you deliver services - Ok.
From the 1st October 2004 you must make other 'reasonable adjustments' to the physical features of your premises to overcome barriers to access - Slightly trickier?
Bringing down barriers.
Architectural features such as steps and doorways under 75cm/30” wide which make it impossible or unreasonably difficult for a wheelchair user or other disabled person to enter your premises now have to be removed, adapted or circumvented by law. However, if there is a sound economic basis for not making the changes then the Act is somewhat toothless. It refers to ‘reasonable adjustments’ and stores at the top of a flight of steps - like my local ‘first-floor unit’ indie - won’t be expected to bankrupt themselves and Stannah aren’t rubbing their hands in glee.
Counters should be a height that doesn’t leave a wheelchair user feeling like a seven-year old trying to be seen over a bar to order a tall glass of lemonade. There should be room between displays of stock to manoeuvre and turn and spit-level shops should have a ramp rather than steps between ‘floors’. Are there handrails between levels? Do you have tripping hazards or poor, small or low-contrast signage?
There are no ‘Disabled Access Police’ watching you from an unmarked van parked across the road. The DDA is not a criminal law, it’s a civil one, which means you’ll only find yourself in trouble if an individual or disabled rights organisation - such as the cleverly named Disabled Rights Commission - take offence at your stance. Even then it will take some time to set precedent as to what ‘reasonable adjustments’ actually encompass.
Service provision.
There’s no use providing a portable ramp if no member of staff is prepared to fetch it from the cupboard when there’s a knock low down on your door. Expect trouble if you chose to forget that the 8.6 million registered disabled people in the UK have a collective £45 billion per year to spend. Not only would a ‘knock on someone else’s door’ attitude leave you wide open to prosecution, it would lose you money and make you a very bad person. On the subject of that door, is access to it kept clear? Is it stupidly heavy or stiff? Another area to think about is induction loops for hearing-aid users. You may well have seen signs appearing showing an ear symbol and saying ‘switch your hearing-aid to T’. You have to admit, it’s a whole lot easier to make a sale if your customer - and there’s over two million people in the UK with hearing disabilities - can hear you. A very simple thing you might consider is having an office chair available for use by the elderly, infirm or others who might benefit from a rest while shopping in your store. Do you displays have all the same product at one height, displayed horizontally when it would be as easy and equally effective to display them vertically, making them accessible to people unable to reach a high or low shelf? It’s simple solutions like these that show you have been thinking about the comfort of your less-able visitors.
Empowerment through employment.
It was the case that businesses employing fewer than 15 people were exempt from DDA employment laws, but that’s now changed. Only the armed forces are still spared from the effects of the ruling. The police, ambulance, fire and prison services all have to make changes in employment and recruitment policy too, so don’t feel singled out - or should I say discriminated against?
Interesting stuff that doesn’t affect you.
A key area not covered by the new rules is transport, which is a major bugbear as you can imagine. Ironically bus and train stations must have reasonable access, even if the vehicles they service do not. So, a well thought out law then. The legislation also excludes the things between shops, pubs, restaurants and other public buildings - Streets. Drop-curbs are all-important to cross a street but local authorities are under no obligation to provide them. Humm.
If you don’t comply reasonably with the new rules you can expect a letter of complaint from someone who may well know their rights better than you do, which is always an upsetting place to be. No shop owner loves someone who can quote verbatim from the 1987 Consumer Protection Act and having something similar delivered from groin height isn’t going to be any fun either. If you’re unable or unwilling (and the difference is where all the legal wrangles will lie) to resolve the issue the chances are the Citizens Advice Bureau will get a visit. Mind you, my local one is an old Victorian building with three big steps and a sharp turn in the entrance that must bugger the less mobile. Just as well they provide an advice service over the phone and thus sidestep the DDA laws. Do you offer a ‘home visit’ service for the disabled? If not, and you do have an access issue, perhaps you should think about it.
One thing I’ve noticed recently is a sign placed low down next to the door of a shop saying ‘Every possible help given to our disabled customers’ - However, without a bell or door phone, how is the disabled customer supposed to tell you they’re in need of help getting into the building? Asking them to wait for a passer-by to send in on a mercy mission seems to be adding insult to spinal injury.
For more information on avoiding falling foul of the long or otherwise arm of the law I recommend you visit the Disability Rights Commission’s web site at www.drc-gb.org. Just look at the size of that type!