Disability Discrimination Act

What is the DDA?

The Disability Discrimination Act (DDA) was passed in 1995. In order to give service providers the time to make changes, the legislation was phased in over three stages:

• December 1996. It is unlawful for service providers to treat disabled people less favourably for a reason relating to their disability.
• October 1999. 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.
• 1st October 2004. Service providers may have to make other 'reasonable' adjustments in relation to the physical features of their premises to overcome physical barriers to access.

What is a physical feature?

A physical feature includes steps, staircase, kerbs, parking, building entrances and exits, toilets and washing facilities.

What does it mean to a sports club or facility?

Look at current provision - does the club provide or have an 'open door' policy? How does the club welcome people with disabilities? The Act makes it unlawful for a service provider to discriminate against a disabled person by refusing to provide access to services to people with disabilities which are provided to other members of the public. The law applies differently to landlords and tenants and those providing educational facilities and so clubs should research this. Private Clubs with elected membership are currently exempt from the DDA. A club or facility also has obligations as an employer under the DDA.

What will happen if our club or facility does not comply with the DDA?

The club cannot be considered to be inclusive. An individual or group of individuals could take private litigation against a club if they feel they have been discriminated against.

How does our club or facility start to make changes?

Sports clubs and facilities should look at all aspects of their service and consider what changes need to be made. You may need to plan a number of changes which could range from disability training to a refurbishment programme.

What is 'reasonable'?

Definitions will become clearer through case law. The law uses this phrase to give some flexibility and allow different solutions. The definition of 'reasonable' may vary according to the:

• Type of service provided.
• Nature of the service provider and it's size and resources.
• Effect of the disability on the individual disabled person.

Some factors to consider when ascertaining what is reasonable are:

• The extent to which it is practicable for the service provider to make adjustments.
• Money already spent on making adjustments.
• The amount of disruption caused by making adjustments.
• The availability of financial or other assistance.
• Financial and other costs of making adjustments.

What does our club or facility need to do?

1. Be aware of the DDA and begin to take positive steps to ensure your club, service or facility is accessible.
2. Consult with local disabled people through access groups, disability sport forums, disability organisations, etc. 
3. The club could do a basic access audit or commission an audit. The latter is a detailed inspection and may be undertaken by an access auditor. An access audit highlights the barriers for disabled people and offers practical solutions. 
4. Draw up an access plan to be stored with other documentation, acting on the results of the audit, which shows how and when the plan will be implemented. 
5. Look at funding opportunities, i.e. Awards for All, Local Authority, Lottery Funds, etc. 
6. Provide or commission Disability Awareness Training for staff/coaches and volunteers. 
7. Consider marketing/promotion of the club. Clubs could look to provide auxiliary aids or services to help disabled people, such as hearing hoops, large print promotional material, use of audio tape or other media. 
8. Contact the Disability Rights Commission for further information.