Disability Discrimination Act 1995 (Part III) Self Audit Pack in association with 1VOLUME 2 Introduction to Self Audit Form Alternative formats available on request You are strongly recommended to refer also to the “Disability Discrimination Act 1995, Code Of Practice, Rights of Access, Goods, Facilities, Services and Premises” published by the Stationery Office of the Department For Education And Employment (available from the Publications Centre, P O Box 276, London, SW8 5DT or by ‘phone on 0870 600 5522). Remember also that the Self-Audit Pack cannot replace proper legal help. If you are in any doubt about a specific requirement of the Act in relation to your business seek professional advice immediately. Disability Discrimination Act 1995 (Part III) Self Audit Pack Contents Volume 1 - Introduction to Self Audit Form 1 Introduction 2 The Disability Discrimination Act (DDA) 1995 4 The Act and Your Responsibilities 10 Appendix Volume 1 - Introduction 1.0 Introduction One in every four of your customers has a disabled person in their immediate family or circle of friends and neighbours. It is estimated that 8.5 million people in the UK have a current disability that will come under the scope of the Disability Discrimination Act. Amongst this 8.5 million, some 42% are aged between 50 and 60 years old (source: Disability Rights Commission, March 2001). Apart from the fact that you should comply with current legislation in this area, it is good business to help and encourage all potential customers, disabled or not. Disabled people represent a large number of customers ready to be impressed by the additional support that you can offer them through a careful analysis of the way you provide your goods and services. It is always good practice to review the way you provide your services and to make adjustments that overcome physical and non-physical barriers in your business. Adopting a personal and friendly approach helps you to comply with your legal obligations, enables disabled people to access your services more easily and thus opens up a bigger customer base for your business. This set of 3 brochures is designed specifically to inform you about the provisions of the Act and your duties under it (Volume 1); guidance notes on identifying physical and other barriers in your business (Volume 2); a self audit pack comprising easy-tocomplete- forms that help you to plan all the changes you may need to make in order to achieve compliance (Volume 3). Remember, this publication has no legal status and is purely advisory, so you should always seek your own legal advice on specific issues. 1 2.0 The Disability Discrimination Act 2.1 Background The 1995 Disability Discrimination Act (DDA) is the first legislation that aims to provide equal opportunities for disabled people in Britain as well as their rights of access to goods, facilities, services and premises. The Act provides individuals with the right to challenge discriminatory behaviour through the courts in the areas of goods, facilities, services and premises as well as in ‘employment’. 2.2 What are the implications of the legislation? The spirit of the legislation envisages a long-term aim of inclusion for all people in the community life and activities of our society. 2 The recent history of disability in Britain has been one of exclusion rather than inclusion in work, home, education and leisure activities. There has often been an incorrect assumption that people with substantial and long-term impairments cannot lead independent lives. Providing an accessible environment into and within our Post Offices will maintain our history of support for the whole community and for a sustainable service. 2.3 The requirements of the DDA All service providers need to have a policy and a strategy for meeting the requirements of the Disability Discrimination Act 1995 and Royal Mail is no exception. A copy of the policy (October 1999) is included in Appendix 1 for your use and information. For Branch Offices, you should ensure that you and your staff are always working to the last policy issued. (For sub post offices, you may wish to follow the same policy). The DDA legislation is, effectively, a 3-part exercise: December 1996 First introduction. It became unlawful for service providers to treat disabled people less favourably than other people for a reason related to their disability. (This was in addition to various employment protection provisions). 1st October 1999 All 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. Service providers must: • Take reasonable steps to change practices, policies or procedures that discriminate against less able people. • Provide auxiliary aids or services that will enable/facilitate disabled people to use a service. 3 • Overcome physical features thatmake it impossible or unreasonably difficult for disabled people to use a service, by providing the service through a reasonable, alternative method. 1st October 2004 Service providers should have made reasonable adjustments to the physical features of their premises that make it impossible or unreasonably difficult for disabled people to use a service. They must do this by altering, removing or providing a reasonable means of avoiding such physical barriers. It makes sense to plan changes to the premises ahead of this date and incorporate improvements into all your routine maintenance programmes. Such forward planning is specifically referred to in the DDA Code of Practice (section 10.3) as “Part of a positive policy towards making services more accessible”. 3.0 The Act And Your Responsibilities 3.1 Who has rights under the Act? An adult or a child has protection from discrimination under the Act if she or he is a disabled person. A disabled person is someone who has a physical or a mental impairment that has an effect on their ability to carry out normal day-to-day activities. That effect must be “More than minor or trivial”, i.e. it must be “Substantial, adverse and long term” (Lasting at least one year, often for the rest of the person’s life). Both physical and mental impairment (including sensory impairment) is covered by the Act. It should also be clearly understood that “Hidden” impairments (for example, mental illness and mental health problems, learning disabilities, conditions such as diabetes and epilepsy) are also covered. Importantly, you should be aware that people who have had a disability within the terms of the Act in the past continue to be protected from discrimination even if they no longer have that disability. 4 3.2 How can I respond tomy duties under the Act? Responding to your duties under the Act will mean coming up with solutions that are reasonable, considering all the relevant circumstances of your business. For example: • The effectiveness of particular solutions in overcoming the difficulty that disabled people face in accessing the services you provide. • The extent to which it is practicable for you, the service provider, to take specific solutions. • The financial and other costs of making such adjustments when viewed against the size and profitability of your business. • The extent of the disruption that might be caused to your business. • The extent of your financial and other resources. • The amount of resource already spent on making adjustments. • The availability of financial and other assistance. 5 3.3 What are “Reasonable adjustments”? According to the Code of Practice (paragraphs 4.10 and 4.11), the precise definition of the term “Reasonable adjustments” will depend upon all the circumstances in each case and will also take into account: a. The type of service. b. The nature of the provider (size and resource availability). c. The effect of the disability on the individual. d. The speed at which change can be effected (e.g. the relocation of a chair that creates an obstacle should be done immediately, the physical alteration of a building takes much longer). Ideal solutions may not always be possible but there is a continuing duty to follow good practice rather than follow minimum solutions. 3.4 What is a “Physical feature”? Under the Act a physical feature includes anything arising from the design or construction of a building, an approach to, an exit from, or access to a building. Physical features will include any fixtures, fittings, furniture, equipment or materials whether temporary or permanent. 3.5 What are auxiliary aids or services? There is a duty to provide auxiliary aids or services. Making adjustments for disabled people may include the provision of an auxiliary aid to ensure that the Post Office services can be accessed. You could provide a special piece of equipment or offer extra staff time to disabled customers, clients or service users. Other forms of auxiliary aids for example include induction loops, induction loop testing kits, fat pen grips and lap trays. 6 The Code of Practice: “Rights of Access: Goods, Facilities, Services and Premises” offers examples of types of auxiliary aids that can help to ensure compliance with the Act. Some examples of auxiliary aids and services applicable to hearing impaired customers may include: a) b) c) d) Examples of auxiliary aids and services applicable to visually impaired customers: e) f) g) h) i) j) Some examples of auxiliary aids and services applicable to wheelchair users are: k) Lightweight doors. l) Well positioned displays. m) Easily accessible form dispensers. n) All disabled customers should be made aware of the services provided and the assistance available. In addition all staff should be re-trained in the correct use of such aids/services. Written information in leaflet or book form. A means of taking and exchanging written notes. A loop induction system. Audio-visual fire alarms. Signs or documents in large/clear print. Spoken announcements or verbal communication. Good colour/tonal contrast, such as on the edge of the counter. Clutter free floor space by keeping excess stock out of the aisles. Good lighting. Signature templates. Lap trays. 7 3.6 How should Imonitor implementation and effectiveness? Whom should I consult? Under the Act it is your duty to ensure that the dignity of a disabled person is respected when services are provided and ‘disabled people are entitled to be consulted about how they might be served’ (Code of Practice 1999: Rights of Access to Goods, Facilities, Services and Premises, paragraph 10.4). Consulting organisations for disabled people, disabled staff and, last but by no means least, your customers, provides an excellent way of making sure you assess and deal fully with potential barriers to the services which you provide. It is always worth contacting organisations that represent the needs of disabled people for their assessment of your property. Most towns have local access groups and most Local Authorities employ an Access Officer who can advise you. Keeping a record of the consultation process will show a positive approach has been taken if you are challenged with an allegation of discrimination. 8 9 Appendix 1 – The Royal Mail Policy The Disability Discrimination Act (DDA) 1995 Rights of Access to Goods, Facilities, Services and Premises. (“Services”) Royal Mail recognises that many of its customers, whether disabled or otherwise, have individual needs when seeking to make use of its services. However, Royal Mail also recognises the fact that for some customers, the nature of their disabilities may mean that they experience specific difficulties related to access to its services. As part of its ongoing commitment to Equal Opportunities and the delivery of outstanding personal service, Royal Mail will endeavour to ensure that disabled customers receive the same standards of service as all other customers. In the light of this, Royal Mail will: Communicate to all staff that our policy for the provision of services ensures the inclusion of disabled people. Such communications will address the business opportunities with regard to disabled customers as well as the legal obligation of individuals and the organisation as a whole. Provide appropriate disability awareness training for staff that has contact with the public, which will explain the policy of Royal Mail towards disabled customers and the effective implementation of reasonable adjustments. Address acts of disability discrimination via existing conduct codes, where appropriate. Encourage suppliers, contractors, franchises and sub-postmasters to adopt similar policies towards disabled customers. 1 0 In order to ensure that the services it provides effectively meet the needs of disabled customers, Royal Mail will: Consult with disabled customers, staff and disability organisations. Make reasonable adjustments to enable disabled people to use its services. Furthermore, Royal Mail will effectively communicate their availability to both customers and staff. Regularly review whether its goods, facilities and services are both accessible and effective, and take appropriate action. Encourage consideration of the accessibility of products and services to disabled people as an integral part of the design stage. Monitor the implementation and effectiveness of this policy on a regular basis. Operate an accessible customer complaints procedure whereby disabled people can make improvement suggestions and request assistance. 11