Joint Presentation by the UK Partners With the assistance of the students from The Wyvern FE The Wyvern FE 1

Disability Discrimination Act 1995 UK What must I do to make my historic building comply with the DDA 1995 Duty of providers of services to make adjustments Point one: Were a provider of services has a practice, policy or procedure which makes it impossible or unreasonable difficult for disabled person to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect. 2 Access to historic buildings and parks permits disabled people to have a more fulfilling life experience

Point two: (2) Where a physical feature (for example, one arising from the design or construct of a building or the approach or access to premises) makes it impossible or unreasonable difficult for disabled person to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to- (a) Remove the feature; (b) Alter it so that it no longer has that affect; (c) Provide a reasonable means of avoiding the feature; or (d) Provide a reasonable alternative method of making the service in question available to disabled persons. Point three: (3) Regulations may prescribe- (a) matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection(2)(c) or (d) is reasonable; and (b) categories of providers of services to whom subsection (2) does not apply. Point four: (4) Where auxiliary aid or service (for example, the provision of information on audio tape or of sign language interpreter) would- (a) enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or (b) facilitate the use by disabled person of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service. 3

If you are a provider what must you do? If you are a ‘service provider’ then the Disability Discrimination Act (1995) has for many years required that you should make your services reasonably accessible to the public, regardless of the user’s physical ability. By October 2004, you should have assessed any buildings premises you use and put into place ‘reasonable’ improvements and alterations to remove physical barriers to access to your services that the building may present. The Act requires ‘reasonable’ adjustments to provide access and this will only be defined by the Civil Courts, when people who have felt discriminated against sue the service provider. In the meantime we get our guidance from the Codes of Practice published by the Disability Rights Commission. The usual starting point is to undertake an access audit, which considers the building with regard to the very wide range of disabilities and impairments that the Act covers (vision, hearing, mobility, continence, discernment of danger, restricted reach, etc). There is a National Register for Access Consultants and auditors. Some architects and surveyors are also able to undertake this work. 4 At Dover Castle (UK) they had a variety of services for disabled people

If you are a provider what must you do? Reconciling the aims of improving access with the needs to conserve the importance and significance of the historic building is the next step, and your architect or surveyor may already have the skills to undertake this alone. However, it is advisable to also seek the advice of the local authority Conservation Officer, English Heritage, the relevant National Amenity Society, the local Access Officer, depending on the sensitivity and importance of the building, to ensure that proposals for alterations protect or enhance the historic building, and are of a suitable quality and effectiveness for people with disabilities to justify the alteration. 5 The DDA does not remove the need to seek and obtain listed building consent. If LBC cannot be obtained – for example to install a lift through a Romanesque vault or alter a flight of steps at the front of a stately home - then it is our understanding that as a service provider you will probably nevertheless be complying with the DDA. So even though you cannot provide full access to the building you will have been acting reasonably. Access via the ramp

If you are a provider what must you do? Where physical barriers cannot apparently be overcome by making alterations, the DDA also allows, for alternative means of providing a service (for example such as by mail order or a ‘virtual’ visit or an alternative venue) or using an alternative route into the building, or providing personal assistance, or ensuring good access to services is provided on the ground floor. These may be referred to as managed solutions. It may be a simple matter of providing a contact point – entry phone system, say - in a dignified manner and place. 6 Most buildings can be successfully and effectively altered to provide reasonable access, but this does require a good understanding of both historic building conservation and how to accommodate the needs of people with disabilities. For example, you may have to look at good effective lighting which helps visually and hearing impaired people; sensible choice of colours and tones need not be garish to provide effective contrast to aid identification of possible hazards and changes in levels make the environment safer; automatic door openers may avoid alterations to building fabric being required; and we like to emphasise that beautifully designed and manufactured handrails, for example, and any other additions and alterations, keep our traditional arts and crafts alive. Allocated parking spaces

New buildings other then dwellings New buildings There must be designed and built in accordance with either the Approved Document or the British standard. There are many elements to consider: Car Parking Access to the building – a stepped or ramped approach Access into the building – door widths; automatic Getting about the building – corridor widths; door widths; stairs; lifts; Sanitary accommodation – sufficient numbers; size; layout; availability; showers and changing facilities Other facilities - -Kitchens; spectator facilities; hotel Hearing and visual aids to communication – lighting levels; tactile signage; position of signage; hearing loops. Where there are deviation from the guidance, it would normally be needed to be justified within an access statement. The statement will need to give an explanation as to why the lesser standard is being provided. 7 Thank you -