Disabled access
Whether they have settled in the town to retire, or are visitors on holiday, the users of Newcastle Emlyn like the rest of the UK are an ageing population who increasingly need disabled facilities and wheelchair access in order to continue leading a active and productive life. People in wheelchairs wish to continue giving and sharing their hard earned knowledge, skills and money and enjoying life. To ignore the needs of this section of the population is both anti-social and bad economics. As one wheelchair user said “I have a large disposable income but nowhere to spend it except mail-order catalogues - what a loss to local traders!”
Accessible Tourism
The site Wheelchair Access contains over a thousand links to wheelchair accessible places and activities in the UK.
What the Law Says
There are two Acts of Parliament which introduce and provide a means of enforcing rights preventing discrimination against disabled people: - The Disability Discrimination Act 1995 and
The Disability Rights Commission (DRC) Act 1999.
Disability Rights Commission
The Disability Rights Commission has a wide variety of free documents available to help disabled people and service providers.
What are the Key Duties under the Disability Discrimination Act 1995?
Part III of the DDA is based on the principle that disabled people should not be discriminated against by service providers.
- Since December 1996, it has been unlawful for service providers to treat disabled people less favourably than others for a reason related to their disability;
- since October 1999, service providers have had to make ‘reasonable adjustments’ for disabled people in the way they provide their services; and
- from October 2004, service providers will be required to make ‘reasonable adjustments’ to the physical features of their premises to overcome physical barriers to access.
Service providers will be acting unlawfully if they fail to comply with this duty and cannot show that the failure is justified.
The DDA does not overrule planning or building legislation and existing requirements for planning consents remain.
Who is a disabled person?
A disabled person is someone who has a physical or mental impairment which has a severe and long-term adverse effect on their ability to carry out normal day-to-day activities. Disabled people may be those who
- use a wheelchair
- are blind or partially sighted
- are deaf or hearing-impaired
- are affected by arthritis
- have a long-term illness
- have learning disabilities
- have hidden impairments.
Who is a service provider?
Anyone involved in a business or an organization which
- provides a service
- offers facilities
- supplies goods
to the public, or to a section of the public, whether in the private, public or voluntary sectors. It does not matter if services are provided free or in return for payment. The DDA Code of Practice offers guidance on what services are and are not affected by the legislation.
What is “Reasonable”?
As far as a small town like Newcastle Emlyn is concerned, the Town Council, local traders and other “Service Providers” are expected to make “reasonable adjustments” to the physical features of their premises by October 2004 in order to comply with the Act.
But what is “reasonable”? There is no definitive answer. The law uses this phrase “reasonable” to give some flexibility and allow different solutions in different situations. However, the Code of Practice advises that “reasonable” may vary according to the:
- Type of services provided
- Nature of the service provider and its size and resources
- Effect of the disability on the individual disabled person
Some factors when considering what is reasonable are:
- Whether taking particular steps would be effective in overcoming the difficulty that disabled people face in getting access
- The extent to which it is practicable for the service provider to take the steps
- Financial and other costs of making the adjustment
- The amount of disruption caused by taking the steps
- Money already spent on making adjustments
- The availability of financial or other assistance
Disabled access links
- Disabled protesters’ front door battle - Disabled people, who have led a 10-year campaign for permanent access to Llanelli Town Hall’s front door, could finally be victorious.
- The Disability Discrimination Act 1995: new requirements to make goods, facilities, services and premises more accessible to disabled people from 2004. - On 1 October 2004 the final stage of the goods, facilities and services provisions of Part III of the Disability Discrimination Act (DDA) come into force. The new duties will apply to businesses and to other providers of services to the public where physical features make access to their services impossible or unreasonably difficult for disabled people.
- Disability Now This describes itself as “The UK’s leading disability site, giving essential information: news and feature articles, advice, adverts, links, an archive and a chat forum”
- The UN and Persons with Disabilities - To assist in the promotion of effective measures for prevention of disability, rehabilitation, and the realization of the goals of full participation of disabled persons in social life and development, and of equality.
- Accessibility for the Disabled. A Design Manual for a Barrier Free Environment - This manual was prepared by the Urban Management Department of the Lebanese Company for the Development and Reconstruction of Beirut Central District (SOLIDERE) in collaboration with the United Nations Economic and Social Commission for Western Asia (ESCWA) and with the approval of the Ministry of Social Affairs and the National
Committee for the Disabled. - Disability Rights Commission - An independent body set up by the Government, working to eliminate discrimination against disabled people, to promote equal opportunities for disabled people, to encourage good practice in the treatment of disabled people and to advise the Government on the working of disability legislation.
- The Employers Forum on Disability - The national employers membership organisation focused on training and employment of disabled people. They have information on consultants and trainers active in this field.
- BCODP ?The British Council of Organisations of Disabled People is the national umbrella organisation for 120 full member organisations of disabled people.
- CAE ?The Centre for Accessible Environments offers information and training on the accessibility of the built environment for disabled people. They are committed to the provision of buildings and spaces that are safe, convenient and enjoyable to use by everyone, including disabled and older people and, as the centre of excellence on the technicalities of access provision, they offer a range of services including consultancy.
- RADAR ?The Royal Association for Disability and Rehabilitation is a UK organisation run by and for disabled people. RADAR campaigns for equal rights for disabled people and provides information and advice on issues relating to disability.
- Royal National Institute for the Deaf ?The Royal National Institute for the Deaf is the leading charity working with deaf people. Their web site provides a range of information and links to related parts of the organisation, such as Sound Advantage, which can advise on equipment, and has links to regional offices and groups. The RNID also provides a consultancy service including access audits.
- Royal National Institute for the Blind - The Royal National Institute for the Blind is the leading charity working for blind and partially sighted people throughout the UK, with over 60 different services to help people at all stages of their lives.
- Disability Living Foundation - a national UK Charity to provide the best possible choice for people who use equipment to live a more independent life.
- British Standards Institute - for information on and ordering BSI standard 8300-2001, Design of buildings and their approaches to meet the needs of disabled people. Code of practice
- Building Regulations Approved Documents - Building Regulations Approved Document M - Access and facilities for disabled people (12Mb PDF file - right click - save as).
- Centre for Accessible Environments - information, training & consultancy, site has design sheets online, based upon existing government regulations
- Disabled Persons Transport Advisory Committee - who advise the UK Government on access for disabled people to transport. We also advise on the built environment
- EQUAL Research Network - UK-wide EPSRC funded network for extending the quality of life of older people & disabled people, includes project information, posters & photos, workshop presentations, membership of network free
- RNIB Response to DETR consultation “Building Regulations 1991: Amendment of Part M of Schedule 1 (Access and Facilities for Disabled People): Transitional Provisions”
- SURFACE (Salford University, Research Focus on Accessible Environments) - details of research projects, including feasibility study into creating accessible environments within the briefing process, currently involved in developing a ‘Best Practice’ approach for designing accessible environments, email discussion group, details of qualifications in accessibility & inclusive design, recent presentations on access