DDA
(Disability Discrimination Act)
What Should I Do to meet these legal requirements?
The most important thing is to be as pro-active as your
business activities allow and not wait until a Disabled person cannot
use your service or facilities as you are expected to have made
or be planning to make reasonable adjustments within a timely manner.
The route you do this depends on your own situation but the Disability
Rights Commission (DRC) recommend having an access audit undertaken
to highlight where problems may occur (See www.drc.gov.uk)
Having read through the site assessment and report you will then
be capable of making alterations which will serve Disabled people
as well as other customers / users alike.
Complying with your duty to make reasonable adjustments to physical
features is simplified if you instigate an access audit of your
premises and prepare an access plan. Managing the inspectors findings
may in the long term reduce the likelihood of legal claims brought
against you for discrimination and will also help satisfy your requirements
for insurance purposes.
Why Now?
Section 25(1) – A claim brought by any person that another
person has discriminated against them in a way which is unlawful
under this Act may be made the subject of civil proceedings
The DDA gives disabled people the right to bring a civil claim against
your business where they find you have breached the provisions of
the DDA and discriminated against them.
Failing to comply?
By September 2000 alone, over 8,000 claims had been brought against
UK service providers under the DDA. The number of claims has continued
to rise and this figure does not include all claims settled out
of court.
The average damages awarded to a disabled person against a business,
which has failed to comply with the DDA, is around £9/10,000.
The maximum amount awarded prior to September 2000 was in the region
of £167,000. As an example of the scope of the DDA, Section
25(2) provides that a disabled person can recover - compensation
for injury to feelings - as a result of a business failing to comply
with the DDA. Damages awarded for injury to feelings under Section
25(2) alone have exceeded £15,000. The average award for injury
to feelings is £3,000+. (Figures sourced from the report prepared
by Income Data Services for The Department for Work and Pensions,
2002 – ISBN 1 85197 978 6)
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