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2004
– what it means to you
A guide for service providers

Change by • advice • conciliation • legal enforcement

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Are you encouraging disabled customers?

Can disabled people use your business or services?

Are you ready for the new legal duties which come in in 2004?

Unless you can give a 100% “yes” answer to these questions

then read this guide.

You already have a duty to make changes to the way you provide
your services to disabled people. From October 2004 these duties
will become wide-ranging.

You need to be ready for these changes and ensure that not only
do you meet your legal duties but also you don’t ignore all those
disabled people who are potential customers.

Introduction
If you provide a service to disabled people you have duties
to them under the Disability Discrimination Act (DDA). You
already may have had to make changes to the way you
deliver your service if it is difficult for disabled people to use.
The duties have been introduced in three stages:

• since 2 December 1996 it has been unlawful for you to

treat disabled people less favourably for a reason related
to their disability

• since 1 October 1999 you have had to make “reasonable

adjustments” for disabled people, such as providing extra
help or making changes to the way you deliver services

• from 1 October 2004 you may have to make other

“reasonable adjustments” to the physical features of your
premises to overcome barriers to access. The Disability
Rights Commission (DRC) advise you to start planning
now for these changes and we strongly recommend an
“inclusive” approach (see page 6 for details).

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The DRC have produced a new Code of Practice about your

duties from 2004 under the DDA. This is a legal document
that has to be taken into account by the courts where
relevant. It gives you guidance on how you should carry out
these duties. It is available from TSO (0870 600 5522), price
£13.95, in a range of formats. You may think these duties are
daunting but they are quite straightforward. They will bring
you more business from disabled people and others.
Disabled people have £40 billion a year to spend on goods
and services- that’s a lot of customers with money to spend.
As well as the Code and this leaflet, the DRC produce
other publications to help you. These include a Practical
Guide for Small Businesses and leaflets illustrating the
duties for a range of service providers; for example, cafes,
newsagents, hairdressers and small shops. These are
available free from the DRC Helpline.

Frequently asked questions

Who is a service provider?
Anyone who provides a service to the public or a section
of the public is a service provider under the Act. So most
services are covered. There are a few exceptions: private
clubs where there is a proper selection process for members,
transport (which simply means the transport vehicle, not
everything else connected with the service such as stations,
airports and booking facilities) and educational services
(but new DDA duties on these are being introduced in 2002).
So, if you provide a service it is likely you are covered
by the 2004 duties and if you aren’t sure, then the safest
option is to assume you should be adjusting your services.

The 2004 duties say that service

providers should make reasonable
adjustments to physical features but
what is a physical feature?
Here is a long but not exhaustive list: steps, stairways,
kerbs, exterior surfaces and paving, parking areas, building
entrances and exits (including emergency escape routes),
internal and external doors, gates, toilet and washing

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facilities, public facilities (such as telephones, counters or

service desks), lighting and ventilation, lifts and escalators.
It is important to realise these features aren’t just buildings
or indoor facilities. They could include seating in the street
or a pub garden, stiles and paths in a country park, fixed
signs in a shop or a leisure facility.
Your duty is not just to put a ramp at the front entrance of
your building (although that may be a useful thing to do)
but to look at all aspects of your services and consider
what changes you can make to the full range of physical
features. You may plan a number of changes as part of a
refurbishment or a continuing access improvement
programme. What might not be considered a reasonable
adjustment now, could well be considered reasonable
in future. Access should not be considered once and
then forgotten.

I am expected to make “reasonable

adjustments” to these physical features
but what is “reasonable”?
There is no definitive answer. The law uses this phrase to
give some flexibility and allow different solutions in different
situations. The Code of Practice advises that “reasonable”
may vary according to the:

• type of services provided

• nature of the service provider and its size and resources
• effect of the disability on the individual disabled person.
Some factors when considering what is reasonable are:

• whether taking particular steps would be effective in

overcoming the difficulty that disabled people face in
getting access

• the extent to which it is practicable for the service provider

to take the steps

• financial and other costs of making the adjustment

• the amount of disruption caused by taking the steps
• money already spent on making adjustments
• the availability of financial or other assistance.
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A small beauty salon has a step at the front door and limited space
inside. The owners employ only one beautician and have already put
handrails by the front steps and lowered the height of the entrance bell.
They have read the DRC Practical Guide for Small Businesses and have
met their local access group. They have drawn up a list of changes and
have decided to remove immediately the large mirrors in the foyer that
confuse people with a visual impairment. They have decided that when
they redecorate they will improve the colour contrast and other facilities
such as door handles, signs and facilities in the toilet.

A large leisure centre with many facilities hasn’t improved access for
disabled people at all. It also has a step at the front door and most of its
facilities would be difficult for some disabled people to use. The owners
would need to have an access audit done and draw up an access plan to
make some changes immediately and add others to their refurbishment
programme. They might have to make the main entrance accessible to
all disabled people and make major changes to improve access to other
services and facilities.

How should I deal with a physical

feature that is making it difficult for
disabled people to use my service?
The first thing is not to be daunted. There is lots of help
available and you are in a good position to equip yourself
with information and then make your own decision.
The most important thing is not to wait until a disabled
person cannot use your service. You are expected to
anticipate the reasonable adjustments you may need to
make and plan ahead. Even though the section of the Act
about physical features doesn’t come into force until 2004
it makes sense to plan for them now.

How you do this depends on your situation but the DRC

would definitely recommend having an access audit done
to highlight where the real barriers are. Access audits are
detailed inspections and reports on buildings undertaken
by an experienced access auditor which highlight the
barriers for disabled people and offer practical solutions.
Armed with this information you can take control of the
situation and plan changes that will really be effective for
disabled people and other customers.

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Once you know which physical features may make it

difficult for disabled people to use your service then
the law gives you a choice. You can remove that feature,
alter it, find a way of avoiding it or provide the service
another way.

The DRC strongly recommends that you consider

removing the physical feature or altering it. This is often
the safest option because it is the most likely to make
the service accessible. It means that disabled people
receive the services in the same way as other customers.
This is called an “inclusive” approach. Removing or
altering physical features does not always have to be
expensive. For example, the way that display units are
set out in a shop may make it difficult for disabled
people to use the service. Simply rearranging the
display units may make a tremendous difference.
Improvements to the lighting could also make the
service more accessible. This could be done immediately
or when you are refurbishing that area.

What if the building has already been

approved by the building regulations
people?
Some newer buildings already meet the building
regulations, including Part M (in England and Wales) and
the dispersed Part T (in Scotland) covering some aspects
of access for disabled people. For these buildings you
may still need to consider alterations under the Act. For
example, the approach to the front door and its width
should have already met the detailed requirements of
these building regulations and therefore not have to be
altered for 10 years from when they were installed. But
other aspects, such as the weight of the door or the
handles or colour contrast may still need to be adjusted.

The Part III Code of Practice gives full information on

what the building regulations cover, but you should
not assume that you have met your duties to disabled
people because your premises meet the building
regulations.

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2004 is a long way off. Do I really have

to start thinking about this now?
You do not have to consider changes to physical features
until October 2004. But this delay is to give you time to
start identifying changes and prepare for them. The
period before October 2004 is a time of transition and
if you don’t use it to prepare, the courts may take this
into account when deciding whether you have acted
reasonably.

The DRC recommends that you start planning now.

You are more likely to be able to comply with your duty

to make adjustments to physical features if you arrange
for an access audit of your premises and draw up an
access plan. Acting on the results of the audit may reduce
the likelihood of legal claims against you.

It is important that you take into account the needs of a

range of disabled people and don’t rely on stereotypes.
It may help if you involve local access groups or
organisations of disabled people.

Summing up

• You already have duties to make reasonable

adjustments under the DDA, particularly to consider
policies, practices and procedures and provide auxiliary
aids or services where these would help access for
disabled people.

• From October 2004 these duties will be extended.

You have to consider how to deal with physical
features that are making it difficult for disabled people
to use your service. The DRC recommends you start
to plan now for these changes and adopt an inclusive
approach.

• The DRC is here not just to help disabled people but

also to help you as a service provider. Please feel free
to contact us and use our Helpline services. We have
produced a range of publications to help you with the
2004 duties and these are available from the Helpline.

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You can contact the DRC HELPLINE by voice, text, fax, post or email.
You can speak to an operator at any time between 08:00 and 20:00,
Monday to Friday.

Telephone 08457 622 633 Post DRC Helpline

Textphone 08457 622 644 FREEPOST
Fax 08457 778 878 MID 02164
Email enquiry@drc-gb.org Stratford upon Avon
Website www.drc-gb.org CV37 9BR

DRC publications are available in a range of formats – please contact the

Helpline for further information.

The DRC website provides up-to-date information, advice and links to

other organisations: www.drc-gb.org

The DRC welcomes feedback. If you have any comments about this
publication or any other aspect of our work, please write, free of charge,
to DRC, FREEPOST, MID 02164, Stratford upon Avon CV37 9BR. Alternatively,
the Helpline would be happy to take your comments verbally, by fax,
textphone, or email.

Published February 2002 SP7