The Disability Discrimination Act 1995 (DDA 1995)

The Disability Discrimination Act (DDA) 1995 aims to end the discrimination that many disabled people face.

This Act gives disabled people rights in the areas of:

• employment
• education
• access to goods, facilities and services
• buying or renting land or property

The Act also allows the government to set minimum standards so that disabled people can use public transport easily.

The Disability Discrimination Act 2005 (DDA 2005)

In April 2005 a new Disability Discrimination Act was passed by Parliament, which amends or extends existing provisions in the DDA 1995, including:

• making it unlawful for operators of transport vehicles to discriminate against disabled people
• making it easier for disabled people to rent property and for tenants to make disability-related adaptations
• making sure that private clubs with 25 or more members cannot keep disabled people out, just because they have a disability
• extending protection to cover people who have HIV, cancer and multiple sclerosis from the moment they are diagnosed
• ensuring that discrimination law covers all the activities of the public sector
• requiring public bodies to promote equality of opportunity for disabled people

Source – www.direct.gov.uk
What is the DDA definition of Disability?

The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
For the purposes of the Act:

• Substantial means neither minor nor trivial.
• Long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions).
• Normal day-to-day activities include everyday things like eating, washing, walking and going shopping.

Source – www.direct.gov.uk

What is the Disability Equality Duty?

From December 2006, there will be a new legal duty on all public sector organisations to promote equality of opportunity for disabled people.
Public sector organisations and ‘Disability Equality Schemes’ Public sector organisations include:

• libraries
• hospitals
• schools and colleges
• National Health Service (NHS) trusts
• police forces
• central and local government

The Disability Equality Duty (DED) covers the full range of what public sector organisations do – including policy making and services that are delivered to the public.
People who work in the public sector have to consider the impact of their work on disabled people, and take action to tackle disability inequality. This should mean that disabled people have better employment opportunities and do not come across discrimination when, for example, using a service. It should also help promote positive attitudes towards disabled people in everyday life.

Since 4 December 2006, public authorities have had to publish a ‘Disability Equality Scheme’. (The date for primary schools in England is December 2007 and all schools in Wales April 2007.) The scheme must include:

• a statement of how disabled people have been involved in developing the scheme
• an action plan that includes practical ways in which improvements will be made
• the arrangements in place for gathering information about how the public sector organisation has done in meeting its targets on disability equality.

Source www.Direct.gov.uk

What is a DDA access audit?

In essence, a DDA or Disability access audit maps a journey through your business, as taken by a disabled person, for example someone with a mobility or sensory impairment. It examines the accessibility of your service, identifies barriers, measures usability and provides options for improvement. It also takes into account the nature of your business and your budget, whilst looking at all aspects of the environment, property and service.

By adopting an inclusive design philosophy you benefit from improved customer and staff satisfaction and loyalty; increased sales; and greater profitability. An access audit is an essential starting point when looking at creating yor access plan or strategy.

What if a business can’t afford an access audit?

It is important that if a business is going to make changes that they spend their money wisely. The Disability Rights Commission has produced a practical guide for small businesses which will help decide what changes they need to make. However businesses may quite sensibly decide they need professional help and an access auditor can provide this. For small businesses why not join up with other businesses in your area and share the costs of an access audit or see whether your local Chamber of Commerce would like to employ an auditor for a couple of days because many businesses will often have exactly the same issues.

Source – www.drc.org.uk

An alternative for the smaller business would be to consider purchasing an access audit guide book such as our Guide to Accessibility or any of the numerous publications available from the Centre For Accessibility.