What the law says

Equality Act 2010 defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

For further information follow this link to the official government website on disability rights.

Basics of the Disability Discrimination Act (DDA)

The Disability Discrimination Act (DDA) became effective on 2nd December 1996 (now replaced by the Equality Act 2010).

The basics of the Disability Discrimination Act (DDA) are that it is unlawful to discriminate against disabled people by:

refusing to provide a service without justification
providing a service to a lesser standard without justification
providing a service on worse terms without justification
failing to make reasonable adjustments to the way services are provided for disabled people
failing to make reasonable adjustments to the physical features of service premises, to overcome physical barriers to access

What you need to do

Anticipation - You are required to think about how you will deal with requests from disabled users who wish to use any service you are providing.

You can’t just say ‘no’ if that service is something you offer to others. You need to plan for what you will do if asked for a service you can’t provide: think about when you might be able to provide it in the future, or whether there is an acceptable local alternative.

Less Favourable Treatment - You can’t treat a disabled person less favourably because of their disability.

Reasonable Adjustment - You are required to make reasonable adjustments:

there are no hard and fast rules
many changes will be common sense and implemented cost effectively
changes can often benefit all computer users
changes may be needed in
- the way some services are offered and supported
- premises - equipment, signage, lighting, access
- ways of communicating with people with disabilities
- staff awareness of the issues facing people with a disability

Literature giving details of the provisions of the Act is available from:

'Disability on the Agenda', Tel. 0345 622633, (A group acting for the Department for Education and Employment and the Department of Social Security)

Computers and the Equality Act 2010

Adaptive and alternative technologies, from simple and free of charge to sophisticated and more expensive, can make a computer accessible by people with disabling conditions of all kinds, temporary and permanent, physical and sensory.

However this can only be done when the alternatives are known about and understood, and when the computer systems in use are set up so that the most common adaptations can be used.

Since many adaptations are low cost, they are likely to be seen as ‘reasonable adjustments’ under the definition of the DDA.

It is likely to be held to be discriminatory, and therefore illegal to:

fail to make simple adaptation available, such as alternative keyboards and mice where necessary
fail to arrange a proper assessment of needs and options for someone with a disability who wishes to use your services
implement an IT strategy or applications that cannot accommodate the most frequently needed adaptations and alternatives for disabled users

Equality Act 2010

It is unlawful to discriminate against disabled people by:

refusing to provide a service without justification
providing a service to a lesser standard without justification
providing a service on worse terms without justification
failing to make reasonable adjustments to the way services are provided for disabled people
failing to make reasonable adjustments to the physical features of service premises, to overcome physical barriers to access

Under the Act discrimination also occurs when anyone knowingly aids someone to discriminate against a disabled person, or victimises anyone who tries to make use of rights under the Act.

A service provider can refuse to serve a disabled customer so long as they are able to justify such action, and their reasons have nothing to do with the customer’s disability and they would refuse to serve other customers in the same circumstances.

Who is a service provider?

All organisations that provide goods, facilities or services to the public, whether paid for or for free, are covered by the DDA, no matter how large or small they are. That includes:

hotels, guest houses and hostels
shops, pubs and restaurants
estate agents and private landlords
accommodation agents, councils and housing associations
property developers, management agencies, investment companies and institutions
banks and building societies
mail order or telephone order businesses
central and local government services
courts and law firms
employment agencies
hospitals and doctors’ and dentists’ clinics
churches or other places of worship
sport and leisure facilities
bus and railway stations
amenities and places of interest such as parks and historic buildings
theatres and cinemas
libraries and museums
telecommunications and
broadcasting services

For more information you can read the Code of Practice – Part 3 Access to Goods, Services and Premises.

The code is intended to give practical guidance - particularly for disabled people, employers, service providers and education institutions - rather than definitive statements of the law. However, courts and tribunals must take them into account where relevant.

The Disability Equality Duty affects all sectors of education came into force on the 4th December 2006

The Duty aims to encourage institutions to:

have due regard to the need to promote equality of opportunity between disabled persons and other persons
eliminate discrimination that is unlawful under the Act
eliminate harassment of disabled persons that is related to their disabilities
promote positive attitudes towards disabled persons
encourage participation by disabled persons in public life; and take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons

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