Part 3 of the DDA places duties on those providing goods, facilities or services to the public (‘service providers’), and those selling, letting or managing premises.

What duties do service providers have?

Service providers have a duty:

• not to treat disabled people less favourably for a reason related to their disability

• to alter practices, policies and procedures (where reasonable) if they make it impossible or unreasonably difficult for a disabled person to make use of a service

• to make ‘reasonable adjustments’ in relation to the physical features of their premises to overcome physical barriers to access, or to provide a service by a reasonable alternative method

The duty under Part 3 is an anticipatory one – this means that service providers must assume that any disabled person might want to use their service, and must therefore be prepared to make reasonable adjustments where necessary.

How can service providers meet their duties?

Service providers have a duty to make ‘reasonable adjustments’ in three main areas:

• practices, policies and procedures
• the provision of auxiliary aids and services
• overcoming barriers created by physical features of premises

These are all explained in further detail below.

What is ‘reasonable’?

The DDA states that service providers must make reasonable adjustments to ensure that disabled service users are not put at a substantial disadvantage.

What is deemed ‘reasonable’ may consider:

• the effectiveness of the adjustment
• the practicality of making the adjustment
• the financial cost of the adjustment
• the extent of disruption
• the financial and other resources of the service provider
• the amount of resources already spent
• the availability of financial and other assistance

Therefore what is deemed reasonable for one service provider may not necessarily be reasonable for another.

Note that a service provider would not be required to make a reasonable adjustment that would fundamentally alter the nature of the service that is being provided. For example, it is likely to be unreasonable to have to raise the lighting levels for a visually impaired person in the main area of a nightclub.

Altering practices, policies and procedures

Service providers must alter practices, policies and procedures (where reasonable) if they make it impossible or unreasonably difficult for a disabled person to make use of a service.

For example, a restaurant may have a policy of not allowing dogs into their premises. They may decide to alter the policy to allow a blind person with a guide dog to access the restaurant and use their services.

Similarly, a shop might need to modify a policy permitting only one person at a time to enter a dressing room, if a disabled person needed and asked for an assistant to be allowed in to help them.

Providing auxiliary aids and services

Service providers have to provide auxiliary aids and services where this is reasonable, taking into account the size, resources and nature of the business.

Examples of such aids could include information on audiotape for visually impaired customers, and induction loops for people with hearing aids.

An example of an auxiliary service would be where a person needed extra assistance in using the service. This could involve providing an assistant to pack the bag of a person with severe arthritis at the checkout of a supermarket.

Altering physical features

The DDA does not require a service provider to adopt any particular way of meeting its obligations. However, the Code of Practice makes certain recommendations regarding how to deal with physical barriers that prevent a disabled person accessing a service.

Service providers should consider the following questions when considering how to deal with a physical feature that is causing a barrier to a service:

• Can the feature be removed?
• Can the feature be altered?
• Can the feature be avoided?
• Can the service be offered in a reasonably alternative way?

These are laid out in order of preference – a service provider should always work from the top of the list when they consider changes.

An access audit will help service providers identify which whether physical features at their premises are potentially causing barriers to their services for disabled people. An access auditor will compare the existing situation against best practice guidance, and will make recommendations about the possible changes that could be made. Considering the results of the audit and acting on the recommendations will help the service provider remove barriers to access. They might also draw up an access plan, especially if there are recommended changes that they cannot afford at the time, but will be able to in the future. In doing this, they more likely to be meeting their duties under the DDA.

For further guidance on the duties on service providers under the DDA, refer to the Code of Practice Rights of Access: Goods, Facilities, Services and Premises.