We chose to relaunch ABLE2UK on October 1st 2004 for two very good reasons. The first being that we wanted a six week holiday towards the end of August. The second and probably the most practical reason was that the new disabled law becomes active on the same day. So, fresh from over a month holiday we tell you all you need to know about the new change which will probably piss over every manager of every shop, restaurant and small business across the country..
This is the third mayor milestone concerning changes to the law on behalf of people with disabilities within the past ten years. Back in December 1996 it became illegal for any service providers to give a disabled customer any less treatment than anyone else. Three years late in October 1999 service providers had to make reasonable adjustments to give their disabled customers a more better and easier service. Now, in 2004 service providers must make more adjustments by removing any barriers which may hinder disabled people with their accessibility.
The people who are protected under this law are those with a physical or mental disability be it substantial, adverse or long term. Service providers must comply with the new regulations which are now in use, there's a few exceptions though. If you own a private club which has a meaningful selection process for members then you don't have to make any adjustments, education areas also have exceptions and transport, although only the vehicle itself. Buildings such as airports and train stations must cater for disabled customers. Also certain manufactures are exempt from the law, for instance if a manufacturer make a kitchen appliance it does not have to be accessible for a disabled user, however the shop which sells the appliance must make sure that it isn't unreasonable for a disabled customer to use it.
The new law also covers public places and all buildings such as church's, doctor surgeries, shops, libraries and restaurant must have reasonable access inside and outside for disabled visitors or they will be liable.
Changes have to be made when access is unreasonably difficult and NOT when it's impossible. Quite a few points have to be taken into careful consideration. Although this varies from building to building and varies from the services which are being provided, the size and resources which the service provider has and the effect of the disability has on you all this is stated in the Code of Practice. The service providers themselves have to take a few things into account as well, such as if taking steps would overcome the difficulties a disabled person faces and how practical it would be. Oh, and of course the cost. Money, as is most cases, is quite a big issue and it has to be taken into account how much has already been spent and the financial help which is available. However if a service provider makes no effort towards adapting to a disabled persons needs then they could be breaking the law. They also can't sit on their asses until a disabled customer complains as all companies have had nearly a year warning that the law was coming into action.
Companies also can't just adapt to one kind of disability, all kind of impediments this includes wheelchair access, deafness and blindness and these are only the basic ones! Companies should be aware, just like anybody else, that disability covers a very wide range and must not stereotype a disabled person.
When a service provider finds a physical feature (listed in the groovy little blue box on the left) they can tackle the obstacle in a number of ways. The feature can either be removed, adapted or kept, as long a second alternative is available. The DRC though strongly recommends that the first two options should be removing or altering the physical feature as it will make the service more safer.
So, that's about it. The law is now in force so if your building still has steps and lacks any kind of disabled access it's time to print this page, shove it under your managers nose and make a quick call to the local court!
Q. It's all very
well reading that
all buildings must
have a 'physical
feature' from
October 1st
2004, but what
exactly is a
physical feature?
A. They include..
Steps
Stairways
Entrances/ Exits
Doors
Public facilities
Lighting
Lifts
Escalators
Ventilation