Introduction
Part III of the Act creates a right of access for disabled people in the area of goods, facilities and services. It is unlawful for goods and services providers to refuse to provide a service, offer a lower standard of service or service on worse terms to a disabled person.

Where a service is based in inaccessible premises, the legislation requires the provision of that service by reasonable alternative means.
The provision of auxiliary aids and services, and changes to practices, policies and procedures are also requirements of the Act.

From the year 2004, service providers will also be required to remove physical barriers.

Definition of Disability
While the Act seeks to provide protection in the areas of goods, facilities and services, it should be noted that a person is not thus protected unless they meet the Acts definition of disability.

The basic definition contained within the Act provides that a person must have a physical or mental impairment that has a substantial, long-term, adverse effect on their ability to carry out normal day to day activities. Protection is also afforded to persons with a history of disability and those with a severe disfigurement or with a progressive condition.

Certain conditions are currently excluded from the coverage of the Act:
These and other provisions relating to the definition of disability are detailed within the Act.

Return to the top of this page

The Goods and Services Provisions

Service Providers Affected by the Act
Anyone who provides any sort of goods, facilities and services to the public is affected by the Act. It does not matter whether the service is paid for or free of charge. The range of services is very wide and it is probably helpful to think that, in general, every kind of service is covered unless it is explicitly excluded.

The principal exclusions are private clubs, transport vehicles, manufacturers except where goods are supplied direct to the public, and education except where premises are used for public services. It remains lawful to refuse to allow a disabled person to do jury service or to give evidence.

Discrimination
Discrimination occurs when a service provider treats a disabled person - for a reason that relates to that disabled persons disability - less favourably than they treat or would treat others.

The less favourable treatment must be related to the disabled persons disability. It is only unlawful if the reason for the poor treatment is the persons disability.

Duties under the Act
The first rights of access came into effect on 2 December 1996. These placed a duty on service providers not to refuse service to disabled people, offer a worse service, or offer service on worse terms for a reason related to the persons disability.

From 1 October 1999, service providers are required to make reasonable adjustments so that disabled people can use the service. These will include adjustments to policies procedures or practices, the provision of auxiliary aids and services, and the provision of a reasonable alternative method of delivering a service where a physical feature is a barrier to that service provision.

From 2004, where there is a physical feature which is a barrier to the delivery of a service and that service cannot be provided by a reasonable alternative method, service providers will have to take steps to remove, alter or avoid it.

Justified Discrimination
The Act outlines a number of circumstances where discriminatory treatment can be justified.

Briefly, these are:

• On health and safety grounds
• Incapacity to contract.
• Refusal to serve in order to provide the service to other members of the public
• Less favourable treatment in order to provide the service to the disabled person or to other members of the public
• Greater expense
• Protecting the fundamental nature of the service
  

Return to the top of this page

Enforcement

National Disability Council
This body advises the Government on measures to help disabled people. It has been responsible for the production of the Code of Practice on Part III of the Act.

Disability Rights Commission
This body is expected to be active from April 2000. Its functions are to work towards the elimination of discrimination against disabled people, to promote equal opportunity, and to keep the Act under review. The Commission has the power to conduct formal investigations of employers and service providers and to assist individuals in legal proceedings.

Complaints Procedures and Legal Action
Before embarking on legal action, use should be made of any complaints procedures operated by a service provider, or a formal letter of complaint should be written. Beyond this, remedies can be sought via impartial conciliation or by legal action through the County Courts.

For further information on the Disability Discrimination Act visit the DDA web site at www.direct.gov.uk/DisabledPeople/RightsAndObligations/YourRights/YourRightsArticles/fs/EG

DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.

checked 27/04/05

Return to the top of this page