The intention of the 1995 Act is to achieve equality between the disabled and the able-bodied members of society. It imposes a basic duty not to treat disabled people less favourably than others. From October, 2004, service providers will be under an additional duty to provide an equal service to all customers, whatever their disability. What this means is making alterations and improvements to premises, to make sure disabled users are not at a disadvantage. The term 'service provider' means anyone who provides a service or supplies goods to the public, eg retail shops, leisure facilities, advisory clinics and offices of business consultants, accountants and lawyers

The problems are there for all to see. The dynamic – people – problems are that there are 8.7 million 'disabled' people in the UK; over 50% of disabled people of working age are unemployed; and many cannot access education, the workplace, leisure and culture. The static – buildings’ – problems are that 90% of the building stock in the UK consists of older buildings; most of these are in some way physically inaccessible; and many are places of education, work, leisure and culture.

Demographic changes are afoot. In the past, the younger population exceeded the older population. Today, it’s more or less equal. In the future – in 2020 – the older population on current projections will exceed the younger population – there will be more people aged over 50 than under 50. Looking at the figures for prevalence of disability by age group, nearly 45% of those aged over 75, 35% of those aged 65-74 and nearly 30% of those aged 55-64 are classed as disabled. Only 6% of those aged 16-34 are disabled.

Bonnett concludes we should determine building design through regulations. Building Regulations Part M – 'Access and facilities for disabled people' – relates to new buildings and extensions only. But it is expected to apply to existing as well as new buildings by October, 2004. Gaining further clarity on this issue turns out to be a complex art – we refer interested parties to the Office of the Deputy Prime Minister website for more information.

The Disability Discrimination Act 1995 relates to all buildings.

Legislation and standards

• The duty rests on the service provider, not the property owner. It doesn’t matter if you are the tenant or the owner of the freehold, if you are the one providing the service, you are the one responsible for making the alterations
  
  
• A common solution will involve taking out physical structures like steps and replacing them with ramps, or providing an alternative form of access to a building. If this proves difficult/impossible, alternative means of offering the same service should be sought, eg an online service, home visits
  
  
• In a shop solutions could include widening aisles and doorways to accommodate wheelchairs, and making information signs with larger print sizes to assist partially-sighted shoppers
  
  
• A small employer – defined as one employing under 15 people – is exempt from complying with the Act. But a small service provider does not receive exemption. Says solicitor Bretherton, you have the same duty in respect of your premises whether you are a small shop with two employees or an accountancy with a nationwide chain of offices employing hundreds of staff
  
  
• In a multi-let building, while the tenant as the service provider is responsible for carrying out works on their own premises, it is not likely that the lease will allow tenants to effect alterations to the common parts
  
  
• In places where the main access parts are communal the landlord is certain to be classed as a service provider, and will be responsible for any necessary alterations. An example is a shopping centre.

However, in multi-let offices, it’s not so clear-cut. Is a landlord providing a service just because 10 offices share a reception area and the car park?

While it seems 'unfair' to place the landlord as a service provider here, more guidance is needed, particularly on points such as that one. The Disability Rights Commission (DRC) is to produce a Code of Practice in 2004, which is expected to address issues such as that

• A number of Codes of Practice, explaining legal rights and requirements under the Disability Discrimination Act 1995 have been produced by the Government, and since the DRC was established in April, 2000. These Codes are intended to be practical guidance – particularly for disabled people, employers, service providers and education authorities – rather than definitive statements of the law. But courts and tribunals must take them into account where relevant
  
• All relevant consents for the work needed to effect the alterations will still need to be obtained. Landlords are not allowed to unreasonably withhold consent or impose unreasonable conditions.

If a landlord does behave unreasonably, tenants cannot bring action against the particular landlord. Instead, tenants should inform the disabled person who then has the right to bring action against the landlord for discrimination.

Since December 1996, it has been unlawful for service providers to treat a disabled customer or service user less favourably or to refuse service on the grounds of disability.

Since 01 October 1999 service providers must:

• Change policies, practices and procedures that prevent access or make a service unreasonably difficult for people to use
  
  
• Offer an alternative arrangement where a physical feature prevents access or makes a service unreasonably difficult for disabled people to use
  
  
• Bring in an auxiliary aid or service (other than equipment which would make a permanent physical alteration) to make it possible to use a service easily

From 2004, service providers must:

• Make 'reasonable adjustments' to the physical features of their premises to overcome physical barriers to access
  
• Tests for 'reasonableness' will include:
  
  
• Effectiveness of the adjustment for the disabled person
  
• The practicality of the adjustment
  
• Its financial cost and likely disruption
  
• Financial and other resources available to the service provider, employer, etc
  
• Compliance – no compliance certification has been proposed
  
• Contracts – all contracts and leases that contravene the Act will be considered void

Market rents of buildings may suffer if they do not comply. It is questionable as to what the demand will be for a building, which needs substantial alteration before it can be used as a place of business.

Service providers will be seeking to rent properties which already comply with the Act. Few will want to incur the additional costs of alterations. The inherent implication is that the value of some properties may be seriously and adversely impacted.

The Fire Precautions Act 1971 required unassisted escape by disabled people. The Fire precautions in the design, construction and use of buildings BS 5588 – Part 8: code of practice for means of escape for disabled people: 1988 revised 1999, allows assisted escape for disabled people, and applies to new and existing buildings when refurbished.

BS 8300:2001 Design of buildings and their approaches to meet the needs of disabled people – Code of practice applies to new buildings but 'also applies for assessing the accessibility and usability of existing buildings and, where practicable, as a basis for their improvement.'

The Disability Rights Commission issues three codes of practice (NDC 1999, DRC 2001 and DRG 2002), which refer to services and draw no distinction between new and existing buildings.


Auditing access

An access audit is the systematic appraisal of how a building is used, measured against an agreed set of access design criteria. Underpinning the auditing access process is the 'sequential journey': arrival; external approach; entrance; reception; horizontal circulation; doors; lifts; stairs and ramps; WCs; signage and communications; escape; and special areas.

Parameters that are measured include width, location near the entrance, level route, labelled/signed, gradient, surface. Actions may be 'essential' or 'recommended' and access consultants will be looking for patterns.

Access audit checklists will involve compiling a 'sequential journey' matrix. Access measures required (as listed above) will be mapped against disabilities, such as wheelchair use, slight physical handicap (eg using a stick/cane when using stairs), visual impairment and hearing difficulties.

An access consultant will advise what works if any need to be carried out in order to comply with the Act. Advice will be given on what alterations should be made to assist all disabled users, not just those confined to wheelchairs.

If developing an action plan, are you designing for access or managing access? You must decide. Take as an example the emergency evacuation for disabled people. The choice of options is:

1. Building design – evacuation lift
2. Equipment – evacuation chairs 
3. Management – physical assistance

For fire rescues for example, there needs to be a management plan to evacuate disabled staff. This should constitute part of a risk assessment

For DDA compliant premises, the accessibility cycle is:

1. Establish policies procedures and access standards
2. Audit access standards
3. Prioritise and programme
4. Delegate and implement
5. Sign off building
6. Maintain and monitor
7. Feedback
8. Review standards and procedures
9. Go to 1

Key team participants in the accessibility cycle are facilities management, designers, building managers, human resources, marketing, and health & safety


Summary of four key issues 

1. Examine what you already have for its strengths and weaknesses – in other words undertake an Access Audit. The audit standards will need to reflect essential (Regulatory) and recommended (Best Practice) improvements
2. Establish priorities and opportunities. A proper audit will help to indicate an order of priorities. But your own organisations will need to establish which improvements can draw on existing budgets, like maintenance or repairs, or new capital projects and staff training programmes
3. Establish a programme for change that fits the prioritised improvements into a timescale. Most establishments will have planned building programmes. How can physical access improvements be dovetailed into these programmes time-wise and financially? 
4. Establish arrangements for monitoring progress. This might be the DDA 'team' or a joint consultative committee. For real effectiveness, the team should demonstrate progress to the board

But, what’s missing? Consultation – asking your experts, customers and employees. Access is never just the province of building and maintenance departments. The best way to tackle questions of access is by a team approach incorporating the areas of 'reasonable adjustments'