Last call for DDA compliance

Des Hillier, MD of The Disability Consultancy, makes a final call for licensees to take action over the Disability Discrimination Act.

I wonder how many readers recall the light blue three-wheeler "invalid cars" driven by many disabled people in the 1960s and 1970s? They were known by kids as "Tupperware cars" and were loaned to the disabled by the Department of Transport.

At that time, occupants were referred to as "invalids".

Literally translated this label suggests that disabled people are "not valid". This very old-fashioned way of viewing those with disabilities has changed for the better in the past 20 years or so, and is likely to change even more as the Disability Discrimination Act (DDA) gets its final set of teeth.

It is fair to say that a significant piece of social engineering is unfolding before our eyes as the law requires businesses to make their premises, policies and practices disabled-friendly.

Disposable income ​

There are approximately 10.5 million people with disabilities in the UK and this sector represents an annual spend of around £50bn if you include relatives, friends and carers. By 2010, as the population ages, an uplift of more than 40 per cent in these numbers is expected.

When you consider that only three per cent of disabled people are born disabled, with the majority becoming so after the age of 45, and realise that these "baby-boomers" are the group with the highest level of disposable income, it should become apparent that ignoring the disabled market is shortsighted.

A recent case highlights how discrimination can occur. A customer with a facial disfigurement visited a restaurant and was refused service. He was told to "go to the next restaurant" and left fearing for his personal safety. An out-of-court settlement of £2,000 was agreed after the Disability Rights Commission (DRC) took up the case on his behalf. The DDA is now an issue for most, if not all, licensees. October is when, as one disabled person put it, "the gloves finally come off" and the disabled can take legal action against businesses where they cannot gain access or which treat them unfairly. Each case will be judged on its own merits and there are a number of legal arguments to consider.

The first is that there is no enforcement inspectorate as there is with food safety, weights and measures and health and safety. Instead, every disabled person has the right to make a case against a business they feel has discriminated against them. Secondly, the DRC has trained caseworkers to help disabled people make their cases and some charities for the disabled with legal teams are expected to take up cases on behalf of their own interest groups.

Having to defend itself against just one case of discrimination will probably cost a business far more than to take positive action in advance to prevent such a case being brought.

You cannot presume that insurance will necessarily cover the costs of a case unless you have taken steps to make the "reasonable adjustments" required by law.

In addition, the negative publicity attracted by a business that loses a discrimination case is bound to be extensive. Doing nothing is not, therefore, a sensible option.

An access audit​ On the plus-side, disabled people are loyal customers who are pretty well organised socially with support groups and mechanisms to help them to live the same sort of lifestyle as able-bodied people.

Disabled people are normally thought of as "people in wheelchairs". But of this 10.5 million total, only half a million rely on a wheelchair. The public perception totally glosses over the vast majority which includes people with hearing impairments, vision impairment, learning difficulties, facial disfigurement and mobility problems.

So carrying out building works such as installing ramps at entrances or widening doors may not help. This is why an access audit leading to an access statement should be prepared. This sets out what was considered in deciding which works were to be done. Without this document, many defence cases will sink in the first salvo of shots between lawyers.

The soft skills that come out of the access audit process are just as important as the physical changes. Issues such as staff training should also be addressed. You can spend all the money in the world making your premises accessible, but if a disabled person is subject to prejudice ordiscrimination when they visit your premises, you could still have a case to defend.

Conflicting advice​ Many operators find it difficult to decide a way forward because of conflicting advice and the large number of factors that can be taken into account in deciding how far to go - the "reasonable adjustments" a business has to make. The focus should be on helping businesses to do enough to comply with the Act without overdoing it and making sure any money spent is effective.

Training staff in disability awareness is paramount​

The final phase of the new disability discrimination laws come into force in just two weeks time. This requires publicans, among others, to make "reasonable adjustments" to allow disabled people access to their services.

Over forthcoming months we are likely to see a growing wave of court cases taken out by people who feel they have been effectively refused access on account of their disability.

This will build up a clearer picture of what exactly is meant by that grey word "reasonable".

Most of the attention up to now has focused on physical changes to the building, such as widening doors, installing ramps and providing disabled toilet facilities, but the "softer" aspects of access, in particular customer service, are likely to attract at least as much legal action.

If you can demonstrate that you have trained your staff in disability awareness and dealing with disabled customers you will have gone a long way towards preventing charges of discrimination and the costly court action that could follow.

As well as providing physical products to help service providers comply with the new law, the Disability Consultancy focuses on disability training for publicans and their staff.

It claims that its "train the trainer" programmes are the only courses of their kind that have been accredited by an outside organisation, national awarding body the ASET. It has also taken a computer-based approach which enables staff to take the training course outside of trading hours.