All providers of goods and services, whether for profit or not, have duties under the DDA. It is unlawful to discriminate against disabled people by:

• refusing to provide a service without justification;
• providing the service to a lesser standard without justification;
• providing a service on worse terms without justification;
• failing or refusing to make reasonable adjustments to the way the services are provided for disabled people;
• failing or refusing to make reasonable adjustments to physical features of service premises so as to overcome physical barriers to access.

What the law may regard as a reasonable adjustment depends on a number of factors, including the type, size and resources of the organisation. It is important that any service providers who have not already done so take reasonable steps to make certain that their services are accessible. Failure to do so may result in a complaint by a disabled person and could lead to loss of reputation or even litigation.

As a first step it is advisable to have an audit of the service provision which will enable you to make a forward plan, make immediate simple improvements and identify what changes could be made to ensure that your service is accessible.

What does the law say?

Part 3 of the Disability Discrimination Act 1995 places duties 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 Act, subject to limited exceptions, affects anyone concerned with the provision in the United Kingdom of services to the public, or to a section of the public, whether in the private, public or voluntary sectors. It does not matter if services are provided free such as access to a public park or in return for payment - for example, a meal in a restaurant.

Among the services which are covered are those provided to the public by:

• local councils, government departments and agencies
• the emergency services
• charities and voluntary organisations
• public utilities (such as gas, electricity and water suppliers)
• banks and building societies
• hotels and sports stadia
• information and advice services
• theatres and cinemas
• hairdressers, shops, market stalls and petrol stations
• telesales businesses
• places of worship
• courts
• hospitals and clinics.

The first duties under this section of the Act took effect from 2 December 1996 and these were:

• not to refuse a service, or deliberately not provide a service
• not to provide a worse standard or manner of service, and
• not to offer a service on worse terms, such as asking a disabled person for a larger deposit than would be asked from others.

On 1 October 1999 additional duties were introduced. From this date service providers have had to take reasonable steps to:

1. Change a practice, policy or procedure which makes it impossible, or unreasonably difficult, for disabled people to use a service - such as amending a 'No Dogs' policy by allowing an exception for disabled people with assistance dogs.

2. Provide an auxiliary aid or service if it would enable (or make it easier for) disabled people to make use of services.

Examples of auxiliary aids and services are as follows:

• provision of information such as menus, leaflets or guides on audio tape, large print or Braille
• a sign language interpreter
• a particular piece of equipment, such as a loop system for hearing aid users or audio described performances at a theatre
• extra assistance to disabled customers, clients or service users
• a temporary portable ramp so that a wheelchair user can enter premises safely.

3. Provide a reasonable alternative method of making services available to disabled people where a physical feature makes it impossible, or unreasonably difficult, for disabled people to make use of them - such as a member of staff bringing items to a cash till for a disabled customer or, in a building where the main public entrance is up a flight of stairs, allowing access for disabled people through a staff entrance that is fully accessible.

From 1 October 2004, service providers have had to take reasonable steps to remove, alter or provide reasonable means of avoiding; physical features that make it impossible or unreasonably difficult for disabled people to use a service.

Physical features include the following areas:

• getting to the premises - parking facilities, safe and easy routes from the car park, clear signs and well lit entrances
• getting in - provision of an accessible entrance or, alternatively, a temporary ramp or an alternative accessible entrance
• gaining access to goods and services - good layout with room for wheelchair users, easy-to-read signs, improved lighting, staff assistance
• access to WCs - wheelchair accessible WC, safe floor surfaces
• getting out of the premises - easy and safe exit in an emergency, visual and audible alarm systems, refuge areas, staff training
• management issues - ensure that parking bays reserved for disabled people are not used by non-disabled people or that accessible WCs are not used as storage areas, ensure that surfaces are non-slip.

Information/Advice services should provide accessible premises, including accessible reception desks, accessible interview rooms, and information in a range of formats such as large print, Braille and audio.

Shops should provide accessible changing rooms, seats, accessible shelves and display racks, accessible counters and wheelchair circulation space.

Restaurants, cafes and bars should provide circulation space around tables; movable furniture as opposed to fixed furniture; menus in other formats such as large print, Braille, audio; self-service counters at an accessible height; lowered section at a bar.

Hotels should provide accessible reception desks, accessible bedrooms, accessible showers, accessible dining rooms and bars, accessible leisure facilities.