New duties on service providers under the Disability Discrimination Act 1995
Part III of the Disability Discrimination Act 1995 (“the DDA”) comes into force this October.

It places a duty on those offering services to members of the public (which includes anyone who allows members of the public access to their buildings) to make reasonable adjustments to features of their premises that make them difficult for people with disabilities to access.

Some are concerned that this will place an onerous burden on businesses to alter and re-fit their premises, however, in many cases service providers will be able to comply with the DDA by changing their procedures or the way in which a service is offered rather than changing the buildings they occupy.

In determining whether a service provider has complied with its obligations under the DDA the courts will consider what steps it would be reasonable for it to take having regard to its size, resources, type of services provided and the practicality of altering the premises.

Where physical alterations are necessary most tenants will require their landlords’ consent prior to altering their premises.

The DDA provides that leases will be deemed to contain a provision which enables tenants to apply for consent for adjustments and that the landlord will not be able to unreasonably withhold consent or impose unreasonable conditions on its consent.

If the landlord makes alterations to the common parts of a building in order to make the building more accessible, it will depend upon the terms of the lease whether the cost of those works will be recoverable through the service charge.

Where alterations to buildings are being considered, it will be necessary to consider whether planning permission, listed building consent and building regulation approval are required.

If the DDA is not complied with the service provider risks having an action brought against him by a person with disabilities who considers himself to have been discriminated against. It should also be borne in mind that buildings which are not easily accessible will not be as attractive to potential tenants and purchasers who are service providers. Blackett Hart & Pratt Solicitors

Disability Discrimination Act 1995

Since 1999 a 'service provider' has been under a duty under the Disability Discrimination Act 1995.

* take reasonable steps to change practice, policies or procedures which make it impossible or unreasonably difficult for disabled people to make use of services;
* provide an auxiliary aid or service if it would enable or make it easier for disabled people to make use of its services; and
* provide a reasonable alternative method of making services available for disabled people where a physical feature makes it impossible or reasonable difficult for disabled people to make use of the services .

The service provider

* must make 'reasonable adjustments' to the way it delivers its services to the public
* discriminates against a disabled person where the service provider fails to comply with the duty to make reasonable adjustments imposed on it in relation to the disabled person and cannot show that the failure to comply with that duty is justified © 2004 B P Collins.

From 1st October 2004, where a physical feature makes it impossible or unreasonably difficult for the same people to make use of services, the service provider will have to take reasonable steps to:

* remove the feature; or
* alter it so that it no longer has that effect; or
* provide a reasonable means of avoiding it; or
* provide a reasonable alternative method of making the services available.

Note: there is an exemption under first two limbs for ten years if works carried out between 1 October 1994 and 30 September 2004 complied with Building Regulations concerning disabled access current at the time.

Protecting yourself

* be aware of disabilities
* consider disability issues at early stage in every transaction
* don't assume all professionals are aware of your obligations
* keep records of works you carry out to ensure you can prove you were keeping to good practice
* keep abreast of developments in disability law B P Collins Solicitors

Our nationally recognised department was set up in January 1995 and provides a unique and dedicated service to disabled people and their families as well as to children and students. We also provide specialist consultancy and training services to national, public, private and voluntary organisations.

We provide advice and representation to people who have been discriminated against either in the provision of employment or in the provision of goods, services and facilities, including education. Aside from claims brought under the Disability Discrimination Act 1995, it is also possible to use other provision (such as the Human Rights Act) to assist in the ending of discrimination. We bring cases by way of judicial review in the High Court and beyond, applications to the Employment Tribunal and beyond, proceedings to the County Court and beyond and complaints to the Special Educational Needs and Disability Tribunal.