AWADS; The Association of Wheelchair & Ambulant Disabled Supporters
Association of Wheelchair
& Ambulant Disabled Supporters
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Discrimination act

Disability Discrimination Act 1995

You can download the whole document from www.disability.gov.uk However we include on this page a relevant part of the act Section 4

      4.14 Similarly, a service provider will not have taken reasonable steps if it attempts to provide an auxiliary aid or service which in practice does not help disabled people to access the service provider's services. The way in which an auxiliary aid or service is provided may be just as important as the auxiliary aid or service itself. Despite providing British Sign Language (BSL) interpreters for deaf delegates who use BSL, the conference organiser fails to ensure that those delegates have the option to be seated near and in full view of the interpreters and in a well lit area. As a result, not all those delegates are able to follow the interpretation. The auxiliary service provided has not been effective in making the conference fully accessible to those deaf delegates.

      4.15 If, having considered the issue thoroughly, there are genuinely no steps that it would be reasonable for a service provider to take, the service provider is unlikely to be in breach of the law if it makes no changes. This is so even if, as a result, disabled people are unable to use its services or are able to use them only with unreasonable difficulty.

What is "unreasonably difficult"?

      4.16 It is unlawful for a service provider to discriminate against a disabled person in failing to comply with a duty to make reasonable adjustments when the effect of that failure is to make it impossible or "unreasonably difficult" for the disabled person to make use of services provided to the public. The Act does not define what is meant by "unreasonably difficult".

      4.17 However, when considering if services are unreasonably difficult for disabled people to use, service providers should take account of whether the time, inconvenience, effort or discomfort entailed in using the service would be considered unreasonable by other people if they had to endure similar difficulties (see the example at paragraph 4.11 above).

What happens if the duty to make reasonable adjustments is not complied with?

      s 19(1)(b)s 20(2)s 21(10)
      4.18 A service provider must comply with the duty to make reasonable adjustments in order to avoid committing an act of unlawful discrimination. A disabled person is able to make a claim against a service provider if:· the service provider fails to do what is required; and· that failure makes it impossible or unreasonably difficult for that disabled person to access any services provided by the service provider to the public; and· the service provider cannot show that such a failure is justified.