Frequently Asked Questions
Q: How will the Disability Discrimination Act (DDA) affect my business?
A: The DDA is a law that prevents disabled people from being discriminated
against. This means that a business or service provider has to make sure
that a disabled person can access their business or use their service in
the same way as anybody else. From October 2004 the DDA
States that businesses and service providers must make reasonable adjustments
to the physical features of your business to make it easier for disabled
people to gain access.
Q: Can I be taken to court if I don’t do anything?
A: Yes, if a disabled person feels that they have been discriminated against, i.e. you have provided more of a service to an able bodied person than to them, they have a legal right to ask the DRC to investigate, or instruct a solicitor to take a private action against you.
Q: When do I have to start making reasonable adjustments?
A: The DRC recommends that you start planning for them now.
As a service provider You already have duties under the Disability Discrimination
Act, However from October 2004 these duties will become far reaching.
The reason for the delay is so service providers can start identifying
the changes and prepare for them and the courts may take this into account
when deciding whether you have acted reasonably.
Q: What is a reasonable adjustment?
A: There is no definitive answer. The law uses this phrase to give some flexibility and allow different solutions in different situations. The Code of Practice advises that “reasonable” may vary according to the type of service provided, and that an access audit should be conducted in order to identify this.
Q: What is an Access Audit?
A: An Access Audit is a technical name for a disability access survey.
An Access Audit or access survey will identify what changes your business
or service has to make in order to comply with the Disability Discrimination
Act and offer practical solutions. The Disability Rights Commission says
that all Access Audits should be carried out by some one who is qualified
and registered by the NRAC (National Register of Access Consultants)
Q: Why Do I need an Access Audit?
A: The Disability Rights Commission and the code of practice recommends that an access audit should be done to highlight were the barriers are. Access Audits carried out by an experienced access auditor will highlight the barriers that disabled people will face when entering your business or using your service.