Service premises must comply with the DDA
01 Nov 2005
From October 2004, service providers became obliged to make reasonable physical adjustments to their premises in order to comply with the provisions of the Disability Discrimination Act 1995.
You are a service provider if you or your business is concerned with the provision of goods, services or facilities to the public or a section of the public.
No doubt most service providers will be asking the question what constitutes "reasonable" physical adjustments?
Unfortunately, there is no hard and fast answer, but the DDA does provide a list of factors to be taken into consideration:
How effective will making a particular change be in overcoming the difficulty that disabled customers face when accessing your services?
How practical is it for the service provider to make the change?
How expensive would it be to make the change?
How much would making the change disrupt the business?
What are the financial and other resources of the service provider?
Is it possible for the service provider to get financial or other assistance in regards to making the change? For example, it may be possible to get a grant to assist you with the changes. The Disability Rights Commission has a pot of £11m, although some of this may go towards bringing cases against non-compliant premises.
There may also be other sources of funding that you can turn to such as your local authority.
You will also need to consider how your ability to carry out alterations will be effected by Planning and Listed Building Legislation. Planning permission will be required unless the alterations will affect only the interior of the building.
If the building is listed, it is likely to restrict the possibility for carrying out of any works, whether internal or external.
Where Listed Building Legislation conflicts with the DDA it is thought that Listed Building Regulations will prevail. Similarly, if a building is in an area designated as a Conservation Area by a Local Authority, this may inhibit the alterations that can be carried out.
Reasonably required While you may need to consult an access auditor and/or solicitor, in order to gain a definitive answer to what may be reasonably required under the DDA, there are nonetheless many practical steps that you can take in order to comply with the DDA, for example:
clear paths and other routes to your premises of obstacles and consider making them more even and less slippery;
consider better external lighting; improve car parking for disabled customers either through wider parking bays, specific disabled bays or allowing disabled customers to use staff car parks.
Preferably install a permanent ramp, either externally or just inside your premises. If this is impractical then consider using a good quality temporary ramp.
Consider installing some form of entry system. Call bells or entryphones can be relatively inexpensive to install and can provide a useful method of allowing your staff to assist disabled customers in gaining access to your premises.
One of the most common problems for disabled customers gaining access to the premises is doors. Make sure the door handle is easy to grip and is positioned at a convenient height and the door is easy to open and well maintained.
Avoid potential hazards, such as raised or bristle door matting, which wheelchairs users may find difficult to cross, or fully glazed doors which customers with impaired vision may find difficult to see.
Another common hazard for disabled people is steps, so consider fitting handrails to stepped entrances, or using a contrasting colour for the edges of steps to make them easier to see.
Again consider improving the lighting, this time at the entrance of your premises.
If the side or rear access has a more level access, consider making this the main entrance for everyone or use it as an alternative entrance for wheelchair users and others with a mobility disability.
If it proves not feasible to make physical alterations to your premises, there are still ways of assisting disabled customers. These include instructing your staff to enquire politely if a disabled customer needs assistance and initiating a home delivery service or a service bringing the goods to the door.
Finding a way around Consider making signs easier to read, use different colours effectively, don't use glazed panels and offer staff assistance to escort visually impaired customers around your premises.
Fit handrails, ensure that surfaces are as even as possible, mark internal steps and safety hazards clearly and try to improve internal circulation.
Reaching goods and services Consider making the same goods available at a different range of heights and making product information easier to read through bigger print size and providing Braille.
If customers have to wait, consider an effective queuing system through additional seating and creating extra space for wheelchair users in waiting areas by repositioning furniture.
Ensure it's easy for disabled customers to get to counters, checkouts and service desks by lowering certain sections of them, having an accessible call bell, encouraging staff to perhaps come out from behind a service desk to meet wheelchair users and having good lighting that allows disabled customers to lip read.
Customer toilets Try to ensure that the toilet has a non-slip floor, outwardopening doors, contrasting colours between the walls and the fittings and a grab rail.
Above all, when considering these practical pointers the overriding principle to bear in mind is that disabled customers should be able to receive goods and services in just the same way as customers that are not disabled.
At the end of the day, failure to comply with the law will not lead to prosecution by the authorities.
However, you will open yourself up to cases being brought against you by individuals or action groups often supported by the Disability Rights Commission for breach of statutory duty, for which damages have been awarded for injury to feelings and/or the courts have insisted the required adjustments be made.
This, and the adverse publicity, is not something you want to court and the Disability Rights Commission is already looking into cases where people with disabilities have not had access to services.






