Cotecna International is part of a specialist service multi-national company. With a workforce of over 4000 employees and agents we are seriously into creating inclusive access for all.

Our Access Audit team is here to assist companies of all sizes throughout the country to overcome the complexities of the Disability Discrimination Act and let them provide a first class service to all their customers

The spending power of disabled people is estimated to be £80 BILLION per year.

Something like 25% of your customers are either disabled or close to someone who is.

There are 10 million disabled people, potential customers, in the United Kingdom.

Providing poor access drives them away.

Taking action to make reasonable adjustments to your building means opening the door to millions of disabled customers

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• What is the definition of “disability” within the DDA

Disability is defined by the DDA as a "physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities".

• What is the purpose of the DDA?

The purpose of the Disability Discrimination Act 1995 (c.50), or the DDA as it’s more commonly known, is to prevent service providers treating disabled people less favourably than other customers or employees, and to oblige service providers to make reasonable adjustments to all aspects of their service to ensure that it is accessible to disabled people.

The DDA makes it unlawful for service providers to discriminate against disabled people in the service they provide by:

• Refusing to provide a disabled person with a service which is provided to others
• Offering service on different terms
• Offering a different standard or manner of service
• Failing to comply with a duty to make ‘reasonable adjustments’

such that it makes it impossible or unreasonably difficult for a disabled person to use that service

• What is a “Service Provider”? back to the top

The DDA defines a service provider as: "[someone]...concerned with the provision, in the UK, of services to the public or to a section of the public, with or without payment"

• How can I judge when my services are unreasonably difficult for disabled people to use? back to the top

You should consider whether the time, inconvenience, effort or discomfort involved for a disabled person to use your services would be considered unreasonable by other people if they experienced the same difficulties.

• How should I find out what reasonable adjustments I will need to make so that my service is accessible? back to the top

Consider whether your services are accessible to disabled people. You should anticipate their needs and the adjustments that may have to be made for them, rather than wait until a disabled person wants to use a service you provide. You could also ask your customers whether they have any special requirements and what adjustments may need to be made. Once you have put a reasonable adjustment in place, make sure, when appropriate, that you draw the attention of disabled people to its existence.

• The Law is constantly changing. How will I know about any changes? back to the top

As part of our audit service we will keep you advised of any new legislation that may effect you.

• So what am I actually required to do? back to the top

If it is impossible or unreasonably difficult for disabled people to use your services you may be required to:

• take reasonable steps to change your practices, policies or procedures; or
• provide a reasonable alternative method of making your services available to disabled people.

You may also have to take reasonable steps to provide an auxiliary aid or service to assist or enable disabled people to use your service.

You must consider taking reasonable steps to change your practices (what you do), policies (what you intend to do) or procedures (how you plan to go about it), if they make it impossible or unreasonably difficult for disabled people to use your services.

You must take reasonable steps to provide a reasonable alternative method for making your services available to disabled people, where a physical feature makes it impossible or unreasonably difficult for them to use these services.

You must take reasonable steps to provide an auxiliary aid or service if that would enable or make it easier for disabled people to use your services.

• Is the duty to make reasonable adjustments a one-off or an ongoing requirement? back to the top

It is a continuing duty, not something that can be considered once only and then forgotten about. You should keep the duty to make reasonable adjustments under review. It might be appropriate for you to do this whenever you review the efficiency and cost efficiency of your business and your working practices..

• What happens if I fail to make reasonable adjustments? back to the top

You are breaking the law. A disabled person could make a claim against you as a provider whose services are impossible or unreasonably difficult for him or her to access.

• Who has rights under the Act? back to the top

The Act protects the rights of a wide range of people with sensory, mental or physical disabilities. This includes people who use wheelchairs, blind and partially sighted people, deaf people, people with arthritis, people with long- term illnesses and people with learning disabilities. The Act also covers people with severe disfigurements and, in certain circumstances, people who have had a disability in the past - for example, someone who had severe depression, but has since recovered.

• What is an Access Audit? back to the top

An Access Audit is a specific appraisal of the accessibility and usability of the facilities and services provided at a property.

• What is Audited? back to the top

a) All parts of the grounds of the property, including footpaths, parking areas, notices and signs;

b) All parts of the building(s) comprising the property which is either used as a place of work for company employees or from where the company offers/provides its services.

• Where are these being undertaken? back to the top

At properties across the entire country where companies, councils and other organisations offer, deliver or provide services. The range of properties include Offices, Police and Fire Stations, Community Centres, Village Halls, Swimming Pools, Public Toilets, Libraries, Museums, Shops, Sports Stadiums, Pubs, Clubs, Councils, the Travel Industry, Schools, Hospitals and even Churches among others.

• Does the Act exempt any service providers from its provisions? back to the top

Yes but only residential properties and means of transport, trains buses aeroplanes etc, are exempt. However the exemption does not extend to stations and terminals.

• If I am the person responsible for the building, what are my duties in respect of the visit by the Auditors? back to the top

a) Make adequate preparation and ensure that all staff employed on the premises is made aware of the visit and of its purpose. Staff co-operation is critical to the success of the Audit.

b)Ensure that all services provided from the property will be adequately represented which will allow a clear description and subsequent understanding of the circumstances prevailing;

c) Assure yourself of the validity of the identification presented by the visitor;

d) Provide the ddarmation as requested by the Auditor.

e) Provide the Auditor with free access and movement throughout the property, accompanied where appropriate and/or where security measures demand. (We comply with the Data Protection Act and will sign a confidentiality agreement if required.

• Are photographs required? back to the top

Photographs included within the Audit Report can usually — as is well known —

“say more than a thousand words”. The Auditor will wish to take photographs.

• Will carrying out the Audit cause disruption to the normal business of the property? back to the top

No, it shouldn’t. The very nature of the Audit - a pre-arranged meeting and a ‘walk-about’ by the Auditor — should cause no disruption. The Auditor will endeavour to prevent disruption and the staff co-operation will assist.

• What happens after the Audit visit has been completed? back to the top

The Auditor presents his assessment, with costed recommendations for any improvement work, to the Client. After all properties in the contract have been audited, the Audits are then collated in an electronic database, where they can be individually and collectively analysed by the Management of the Client Company. A prioritised list of adjustments will be provided.

“Should be adjusted now, should be built into a works or maintenance plan, would be nice but probably not required and not applicable.”

• When does discrimination occur? back to the top

As a service provider, you might discriminate against a disabled person in two ways:

• by treating him or her less favourably than other customers because of their disability; or

• by not making reasonable adjustments to the way you deliver your services, so that disabled people can use them.

• Am I responsible for the actions of my staff? back to the top

The disability discrimination act gives disabled people the right to claim compensation for injury to their feelings or loss of dignity if they are discriminated against. If you fail to provide disability equality training to your employees, you may not be able to defend yourself against any claims that your staff have treated a disabled customer inappropriately.

• What does “less favourable treatment” mean? back to the top

There are three ways in which you might treat a disabled person less favourably than you treat other customers:

• by refusing to serve him or her;
• by providing him or her with a lower standard of service;
• by providing him or her with a service on worse terms.

• Does a disabled person have to show that other people were actually treated better than they were? back to the top

No. If others would have been treated better, that is considered to be less favourable treatment.

• Does it make a difference why the disabled person is treated less favourably? back to the top

Yes, there must be a connection between their disability and the less favourable treatment they receive.

• Do I have the right to refuse to serve someone? back to the top

Yes, but you cannot, because of a person’s disability, refuse to provide them with a service which you are offering to other people.

For example:

A publican refuses to serve a disabled person whom he knows has epilepsy. She is the only customer in the pub who is refused service. In the absence of a reasonable explanation - such as that she had no money - a court is likely to decide that there has been discrimination.

For example:

A small football club refuses entry to a visiting supporter because he has cerebral palsy and has difficulty co-ordinating and controlling his movements. No other visiting supporter is refused entry. The only reason for the refusal is the person’s disability. That is less favourable treatment.

For example:

A party of adults with learning disabilities has booked a restaurant for a special dinner. The staff spend the evening making fun of them and provide worse service than usual. Even though there were no other diners in the restaurant at the time, the disabled people were treated less favourably than others would have been.

For example:

An assistant in a small shop refuses to serve a disabled person, telling them that a nearby larger shop can better meet their needs. While it is good practice to ddarm disabled people where they can find a service suited to their requirements, to refuse to serve them is likely to be unlawful.

For example:

A disco ejects a person with an artificial arm because he has drunk too much and has become abusive and disorderly. The disco would have ejected any other customer in similar circumstances. The ejection (or refusal to serve) is not for a reason related to the disabled person’s disability and is unlikely to be unlawful.

• Why do I need to make reasonable adjustments for disabled people? back to the top

The service provider’s duty to make reasonable adjustments is a cornerstone of the Disability Discrimination Act. You have to take positive steps to make your services accessible to disabled people.