UK DDA Disability Discrimination Act 1995

Click here to view the full Disability Discrimination Act 1995 (664k)

Introduction - Code of Practice

Rights of Access

Goods, Facilities, Services and Premises

This revised Code of Practice deals with the duties placed by Part III 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 may have to make other “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. This Code replaces the revised Code. It takes account of the further duties on service providers to make adjustments when the physical features of their premises make it impossible or unreasonably difficult for disabled people to use their services. Although these remaining duties do not come into force until 1 October 2004, this Code is being issued now in order to encourage service providers to be proactive and to assist them to prepare for their extended obligations.

Commencement Date is May 27 2002

The Disability Rights Commission (DRC) has written and produced this Code of Practice on Part III of the Disability Discrimination Act (DDA). The Code is a revision of the consultative draft published by the DRC in May 2000 to take account of further duties under the DDA coming into force in 2004.

The DRC undertook a wide-ranging consultation on the Code involving both disabled people and service providers. The new duties upon service providers, which come into force in October 2004, were the main focus of the consultation. In response, extensive changes have been made throughout the Code. The most notable of these is the inclusion of a new chapter on the linkage between the DDA and the Building Regulations and the impact of leases. This chapter meets many of the concerns of respondents to the consultation for more detailed information in these areas.

The Code sets out our understanding of the law but there is undoubtedly some ambiguity and there are areas that will require testing in the courts. An example of this is the question of the measures service providers should take from 2004 to ensure that a physical feature is not making their service impossible or unreasonably difficult for disabled people to use. 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.

The DRC has produced a range of information to help service providers in relation to their duties in 2004. This includes a Practical Guide for Small Business and Other Service Providers and some case studies. We would welcome any suggestions for further information which would be helpful.

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. I am sure that this Code will be a valuable resource in this important undertaking.

Click here to view the full Disability Discrimination Act 1995 (664k)

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