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THE DISABILITY DISCRIMINATION ACT

A GUIDE FOR PROVIDERS OF GOODS, FACILITIES AND SERVICES TO DEAF PEOPLE*

*Reproduced with the kind permission of the RNID

Introduction
The Disability Discrimination DDA 1995 (DDA) aims to reduce discrimination against disabled people in the workplace, and with regard to access to goods and services. This fact sheet summarises the provisions of the DDA as they affect you if you provide goods, facilities and services to deaf people. The DDA defines a disabled person as someone with a physical or mental impairment that has a substantial, adverse and long-term effect on their ability to carry out day-to-day activities. This includes many deaf people. Having a hearing loss does not automatically mean that someone qualifies as disabled under the DDA. Their hearing loss must have an adverse effect on their daily life.

Guidance to the Act says that you are disabled if you cannot "hold a conversation with someone talking in a normal voice in a moderately noisy environment," or if you "cannot hear and understand another person speaking clearly over the voice telephone." Generally, anyone with a severe or profound hearing loss will fall into this category.

The DDA has been in effect since 6 December 1996, however, reasonable adjustments to practices are only required from October 1999 and adjustments to premises from 2004. It says that service providers may not discriminate against a deaf or disabled person in the delivery, standards or terms of the service they offer to that person, just because they are disabled. As a service provider, you must make adjustments to the way you provide goods or services to give deaf and disabled people access to them. You cannot refuse to serve someone because they are deaf or disabled.

How the DDA affects service providers
The DDA says service providers must take reasonable steps to ensure that their policies, practices, and procedures enable disabled customers to make full use of anything they offer to the public. If your practices make it impossible or unreasonably difficult for a disabled person to use your services, you will be in breach of the Act unless you take steps to change. These are known as 'reasonable adjustments'. If your premises have physical features - including acoustics - that make it impossible for a deaf or disabled person to use your service, you must take steps to remove or alter those features. If an auxiliary aid or service would enable a disabled person to use your service, then you should take reasonable steps to provide it.

Service providers
Most organisations that offer goods or services to the general public are service providers. This is the case whether the goods and services are paid for or not. Examples include:

  • Leisure and entertainment facilities.
  • Banks, building societies and insurance companies.
  • Shops, hotels and restaurants.
  • Local authorities and Government departments.
  • Information bureaux and public libraries.
  • Advice agencies and solicitors' firms.
  • Police stations and courts of law.
  • Health and medical services.
  • Places of worship.
Transport services, educational institutions and private clubs are not classed as service providers, but there are specific regulations for taxis and public transport. Schools and higher education institutions must take into account the needs of disabled students and publish reports on their practices. Manufacturers are not service providers unless they sell their products directly to the public.

Reasonable adjustments
The nature of 'reasonable adjustments' depends on the type of goods and services you offer, the degree of a customer's deafness and their preferred method of communication. You should consult your customers as they will be able to tell you their preferences. A reasonable adjustment might mean changes ranging from publishing a brochure explaining the step-by-step procedure for obtaining a service, to providing communication support for a deaf client. If a service is not accessible to deaf or disabled people, and you can provide auxiliary aids or services to make it accessible you must, if it is reasonable to do so. The Code of Practice lists some auxiliary aids and services for deaf people. They include:
  • Written information (such as a leaflet or guide).
  • A facility for taking and exchanging written notes.
  • A verbatim speech-to-text transcription service.
  • Non-permanent induction loop systems.
  • Subtitles.
  • Videos with sign language interpretation.
  • Information displayed on a computer screen.
  • Accessible websites.
  • Textphones, telephone amplifiers and inductive couplers.
  • Teletext displays.
  • Audio-visual telephones.
  • Audio-visual fire alarms (not involving physical alterations to premises).
  • Qualified sign language interpreters or lipspeakers.
The Company reserves the right to alter any technical specifications, equipment or materials at any time.

Claude Systems, 4 Bellman Way, Donibristle Industrial Park, Dalgety Bay, K11 9JW
Tel: 01383 820011 Fax: 01383 820093 Email Claude Systems