Disability Discrimination Act 1995

What is the DDA?

The Disability Discrimination Act (DDA) was passed in 1995. In order to give service providers the time to make changes, the legislation is being phased in over three stages:

• December 1996. It is unlawful for service providers to treat disabled people less favourably for a reason relating to their disability.
• October 1999. Service providers have to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services.
• 1st October 2004. Service providers may have to make other 'reasonable' adjustments in relation to the physical features of their premises to overcome physical barriers to access.

The Disability Rights Commission (DRC) advises service providers to start planning now for these changes and strongly recommends an 'inclusive approach'.

What is a physical feature?

A physical feature includes steps, staircase, kerbs, parking, building entrances and exits, toilets and washing facilities.

What does it mean to a sports club or facility?

Look at current provision - does the club provide or have an 'open door' policy?

How does the club welcome people with disabilities?

The Act makes it unlawful for a service provider to discriminate against a disabled person by refusing to provide access to services to people with disabilities which are provided to other members of the public.

The law applies differently to landlords and tenants and those providing educational facilities and so clubs should research this. Private Clubs with elected membership are currently exempt from the DDA.

A club or facility also has obligations as an employer under the DDA.

What will happen if our club or facility does not comply with the DDA?

The club cannot be considered to be inclusive. An individual or group of individuals could take private litigation against a club if they feel they have been discriminated against.

How does our club or facility start to make changes?

Sports clubs and facilities should look at all aspects of their service and consider what changes need to be made. You may need to plan a number of changes which could range from disability training to a refurbishment programme.

What is 'reasonable'?

Definitions will become clearer through case law. The law uses this phrase to give some flexibility and allow different solutions. The definition of 'reasonable' may vary according to the:

• Type of service provided
• Nature of the service provider and its size and resources
• Effect of the disability on the individual disabled person

Some factors to consider when ascertaining what is reasonable are:

• The extent to which it is practicable for the service provider to make adjustments.
• The amount of disruption caused by making adjustments
• The availability of financial or other assistance
• Financial and other costs of making adjustments

For more information about what your club of facility needs to do regarding the Act and for a list of useful contact information, please use the links under the 'See Also' heading on the right.