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So you think you DON'T Discriminate?
Although October 2004 may still seem like a long way off, those who have a duty to make their services more accessible to people with disabilities should be considering the implications and planning how to do this now.
Part III of the Disability Discrimination Act (DDA) comes into force in October 2004 and may require businesses and other providers of services to make premises more accessible to people with disabilities by October 2004.
Some businesses feel that, as no direct measures of enforcement are included within the legislation that they need not comply or that they have looked at a few access issues and feel that they don't discriminate.
This is not a view shared by Wakemans who advocate that the absence of any direct enforcement measures within the Act should not diminish how seriously people should view the Act - rather, it adds to it as any claim of discrimination bought will be personal and potentially that much more emotive. Part III of the the Act requires service providers to make 'reasonable adjustment' to overcome physical barriers to their services but what is reasonable will differ between properties and between service providers. There is no doubt that October 2004 will be quickly followed by claims for discrimination and the establishment of case law to provide guidance in the case of discrimination.
A key feature in avoiding discrimination, or a claim for discrimination, will be the access audit. A checklist approach does not work as the importance lies in the detail. "Many only consider the entrance to the building and accessible WC provisions but there are may other aspects that should be considered. People need to think beyond how a wheelchair user may approach and use a building, - full consideration should also be given to those with sight or hearing impairments, learning difficulties, movement impairments, walking ambulant and many others.
We are advising our clients to adopt a best practice approach to access for people with any form of disability that is an integral part of their overall property management plan. There may be both major and minor works identified but it is equally important to ensure that all works are done. In this way any necessary works can be incorporated cost effectively and seamlessly with regular maintenance or updating of facilities and this should keep landlords and property owners within the law."
If you would like any further Information on this subject please go to Useful Contacts
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