Disability Discrimination Act 1995 (DDA)

The DDA is an Act aimed at ending the discrimination which many disabled people face. It covers Employment (Part II), Access to goods and services (Part III), Buying or renting land and property (Part III), Education (Part IV), Public Transport (Part V).

Who is affected ?

Part 2 (See DDA Employment Regulations item)

As from 1st October 2004, all employers, regardless of the size of the individual workplace or branches.

Part 3

Anyone providing a service to the public, whether in the public, private or voluntary sectors. It does not matter if the service is provided free (such as access to a park) or in return for payment (for example a meal in a restaurant). There is no exemption for small service providers. All those in the company providing a service are affected.

The definition of disability according to the Act ( Part 1)

The Act defines "disabled person" as a person with a "physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to day activities.

This includes people with :

Mobility impairments

Sensory impairments, such as those affecting sight or hearing

Mental impairments including impairments relating to mental functioning such as learning disabilities

A clinically well recognised illness including mental illness recognised by a respected body of medical opinion

People who have had a disability within the definition, but have since recovered.

Part 3 DDA - Code of Practice

This revised Code of Practice published May 2002 deals with the duties placed by Part 3 of the Disability Discrimination Act 1995 on those providing goods, facilities or services to the public and those selling, letting or managing premises. The Act makes it unlawful for service providers, landlords and other persons to discriminate against disabled people in certain circumstances. The duties on service providers are being introduced in three stages:

Since 2 December 1996 it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;

Since 1 October 1999 service providers have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services; and

From 1 October 2004 service providers are required to make 'reasonable adjustments' in relation to the physical features of their premises to overcome physical barriers to access.

The duties on landlords and other persons in connection with the selling, letting and managing of premises were introduced on 2 December 1996. Since that date, it has been unlawful for them to treat disabled people less favourably for a reason related to their disability. There is no equivalent duty to make 'reasonable adjustments' in relation to those premises. The original Code, which was issued in 1996, was revised in 1999 in the light of experience gained since the first duties were implemented in December 1996 and to take account of the duties imposed on service providers from 1 October 1999. (See DDA 2005 feature for amendments to these provisions.)

The Act sets out four possible options for service providers: removing, altering or avoiding a physical feature or providing the service by alternative means. The DDA does not prescribe what approach the service provider should use. However, the DRC believes that good practice and the most sensible approach will be to remove or alter the physical barrier to the service, wherever this is possible. This is undoubtedly the most effective long term solution for both the service provider and disabled people.

This Code is a major tool in helping achieve the DRC's aim of 'A society where all disabled people can participate fully as equal citizens'. Making services accessible for disabled people is also good for business.

Purpose of Part 3 of the Act

On the 2 December 1996, the DDA brought in measures to prevent discrimination against disabled people. Part 3 of the DDA is based on the principle that disabled people should not be discriminated against by service providers or those involved in the disposal or management of premises. Subject to limited exceptions, anyone who comes within either of these categories must comply with the duties set out in Part 3. It should be noted that those selling, letting or managing premises could also have duties as service providers.

The Code does not impose legal obligations. Nor is it an authoritative statement of the law - that is a matter for the courts. However, the Code can be used in evidence in legal proceedings under the DDA. Courts (and, in respect of insurance services provided to employees, employment tribunals_ must take into account any part of the Code that appears to them relevant to any question arising in those proceedings. If service providers and those involved in selling, letting or managing premises follow the guidance in the Code, it may help to avoid an adverse judgement by a court in any proceedings.

Part 3 of the DDA makes it unlawful for a service to discriminate against a disabled person:

By refusing to provide (or deliberately not providing) any service which it provides (or is prepared to provide) to members of the public; or

In the standard of service which it provides to the disabled person or the manner in which it provides it; or

In the terms on which it provides a service to the disabled person.

References to providing a service include providing goods or facilities.

It is also unlawful for a service provider to discriminate in:

Failing to comply with any duty imposed on it by section 21 (a duty to make reasonable adjustments) in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service.

The reference to making use of a service includes using goods or facilities.

The DDA says that discrimination against a disable person occurs in two possible ways.

One way in which discrimination occurs is when a service provider:

Treats the disabled person less favourably - for a reason relating to the disabled person's disability - than it treats (or would treat) others to whom that reason does not (or would not) apply; and

Cannot show that the treatment is justified

The other way in which discrimination occurs is when a service provider:

Fails to comply with a duty imposed on it by section 21 of the DDA (a duty to make 'reasonable adjustments') in relation to the disabled person; and

Cannot show that the failure is justified

Part 4 DDA - Education

See item on Special Educational Needs & Disability Act 2001

Part 5 DDA - Transport

See item on DDA 2005