Disabled Access

Disability Discrimination Act and Functions of the Comhairle

Key Points

• The Disability Discrimination Act 1995 came in to force in 1996 on a rolling programme with the final part of the Act coming into force in 2004
• The purpose of the Act is to prevent discrimination against disabled people by giving them rights and by placing duties on employers; providers of goods, services and facilities; providers of education; and providers of public transport
• The Act gives the Secretary of State powers to issue guidance on meeting the duties under the Act and to make Regulations, for example "The Public Service Vehicle Regulations 1999" which require all newly built buses to have wheelchair access by 2005 and by 2015 all buses on scheduled routes to have wheelchair access
• The Comhairle's varied functions are all covered by the Act and therefore subject to the duties and must comply with Regulations
• Therefore right now it is unlawful for the Comhairle to discriminate against a disabled employee or anyone who obtains a service, lets a building from the Comhairle or, uses the education service or public transport
• The Act at present includes amongst others duties to:
  • reasonably adjust physical features which place a disabled employee at a substantial disadvantage,
  • to adjust practices, policies and procedures which make it unreasonably difficult for a disabled person to use a service; and
  • to provide auxiliary aids to overcome physical features of premises
• By 2004, physical features of premises which are a barrier to using a service or obtaining goods etc. must be removed or overcome by a reasonable alternative. For example, steps to the main entrance of a building may need to be replaced with a ramp or an alternative access route provided
• In the short term the question needs to be asked if the Comhairle meets its current duties under the Act
• In the long term, the Comhairle will need to consider what aspects of its premises may need to be altered to meet 2004 duties and how it can it be budgeted for
• Many aspects can be achieved by incorporating in routine or planned maintenance programmes, for example when replacing defective doors using a door type that is suitable for wheelchair access
• It is an important point that whatever is done to meet the duties of the Act whether it is to physically alter premises or to alter practices and procedures, it will benefit all users/customers not just disabled persons