The main thrust of the DDA is to improve access for disabled people to employment, education and services. The DDA applies to the whole of the UK.

Nowhere in the DDA does it actually state that accessible environments should be provided for disabled people, either in their place of work or for access to goods, facilities, or services. However, duties under the Act include the requirement to consider barriers created by physical features of buildings, and to make adjustments in certain circumstances.

Who is ‘disabled’?

The DDA defines a disabled person as:

‘someone who has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities’

What is discrimination?

Discrimination occurs where without justification, and for a reason that relates to the disabled person’s disability, a disabled person is treated less favourably than others to whom the reason does not or would not apply. Discrimination may also occur when there is a duty to make a reasonable adjustment and any failure to meet that duty cannot be justified.

Role of access groups

The part of the legislation most relevant to access groups is Part 3, which deals with rights of access to goods, facilities, services and premises. Gaining an understanding of the duties placed on service providers will help access groups advise service providers about potential improvements.

As an access group, you can help service providers to meet their duties under the DDA by:

• raising awareness of their duties under the DDA
• advising on new buildings, spaces and developments
• advising on changes to existing buildings and spaces

Each part of the DDA is supported by one or more Codes of Practice, which offer guidance on how to meet duties under the Act, as well as practical examples. You should find they help you interpret the legislation. While Codes of Practice neither impose legal obligations nor are authoritative statements of the law, they may be referred to in any legal proceedings pursued under the Act.

Important note: It is a myth that a building or product can be 'DDA compliant'. Buildings and products cannot ‘comply’ with the DDA. The DDA places duties on employers and service providers to consider barriers (both physical and intangible) that disabled people might face when trying to access a service or employment. Using a particular product or designing a building in a certain way might help someone meet their duties, but having an ‘accessible’ building in itself does not guarantee compliance.