Disability

Disability Discrimination Act - improving access to services

You may feel you have been discriminated against when trying to use a service because of your disability. If this is the case you can use the Disability Discrimination Act to improve access to the service. If you are successful, you will have the satisfaction of having improved the service for yourself and others. Here are 5 steps to help you:

Step One Talk to the owner. Explain the problem. If possible offer a solution. If this is not easy to spot then leave them to consider ways of making their services/premises accessible. Ask them to contact you or say that you will be back in a couple of weeks’ time.

If this meets with a positive reaction, give them time to come up with a solution and give them every encouragement. If the response is not so good contact one of the organisations listed below. If you are unsure about taking on Step One above by yourself get support from a suitable organisation.

Step Two You return to the premises and they have obviously been thinking things through and have some good ideas for improving access. Listen carefully, offer every encouragement.

You return to the premises and they haven’t given it the slightest thought, or have dismissed the possibility. Contact the group you are working with to discuss the problem. Either you or someone on your behalf can then write a letter to the owner explaining the problem and offering a solution.

Step Three If the letter brings a positive response, fine. Pin them down to a timescale – when will they be sorting out the problem?

If there is a negative response, it is time to start thinking of legal action. Before you do, write again (or ask someone to do so on your behalf) pointing out that you are considering taking this step. If there is a positive reaction to this, once again get them to commit to a timescale. If not…

Step Four Either contact the Disability Rights Commission (DRC)* yourself or ask your supporter to do so, to check on whether they agree with you that this is a case of discrimination. The DRC* may be interested in taking on the case themselves, if it will set a useful precedent in law. If not, it is a case of employing a solicitor to take your case on, or seeing if a local access or other disability group is able to take on your case.

* The Disability Rights Commission has been replaced by the Equality and Human Rights Commission (October 2007). Please contact them for the services they offer.

The initial letter from the solicitor or other representative to the owner of the premises may well be sufficient. No one likes being taken to court, with all the costs and bad publicity generated. If it is not…

Step Five The case is taken to the County Court. If and when you win, the owner of the premises has to sort out the problem; a precedent is established in law affecting other similar premises; you receive a payment in damages (there is no upward limit on the amount of damages payable in a DDA case). Don’t be tempted to settle out of court. All that will do is give you some cash but the problem of a lack of access will not go away.

If you lose, consider taking it to appeal. Again consult the DRC for their opinion and possible support. The Equality and Human Rights Commission website can be found on this page under 'External links'.

Information provided courtesy of Norfolk Coalition of Disabled People. Copyright Jonathan Toye 2005 www.wndis.org.uk.