Disability Discrimination Act 1995
What you need to know about your rights under the DDA.
Remind me what my new rights are from October 1st
The law says that from October 1, 2004, businesses and service providers will have to consider making changes to the physical features of their premises if they make it unreasonably difficult for disabled people to use their services.
(England & Wales) How can I pursue these rights? In other words, how can I take legal action under the Disability Discrimination Act (DDA)?
It is important to realise that the City Council has no role in taking legal action on behalf of disabled people who feel that a service provider is discriminating against them. Through the Access Officer it can provide advice and guidance, but it has no duty to take legal action on behalf of a group or individual. In England and Wales, cases brought under the DDA are normally heard in your local County Court, so the first thing to do is to contact them. It should be listed in your local phone directory, Lancaster’s is 01524 68112. Next, get an application form from them for applying to take actions through the County Court. The form will include guidance notes and an information pack. In most cases, your claim will be allocated to the Small Claims track (claims of £5,000 or less).
The Small Claims Court is meant to be simple and informal. You should be able to conduct your case without a solicitor. Normally you must issue the claim within six months of the date you were discriminated against. You will have to pay a fee of £115 to issue proceedings, unless you are claiming benefits or have a very low income. Before you proceed, it's worth asking yourself some of the following questions, as listed in the first of the court leaflets:
• Can I settle this without going to court?
• Will I get my money?
• Can I afford to go to court?
• Can I afford the time?
What if I prefer something more conciliatory than legal action?
The Disability Rights Commission (DRC) says you should talk to the service providers first. The DRC funds the independent Disability Conciliation Service(DCS) for just such a purpose, so it's worth thinking about this. As they say:
"Not only does conciliation often lead to compensation, but also the service provider often makes major changes that benefit all disabled people".
It's worth phoning the DRC's helpline to find out more. It's open from 8.00am to 8.00pm, Monday to Friday.
Telephone: 08457 622 633.
Textphone: 08457 622 644.
Fax: 08457 778 878.
Email: enquiry@drc-gb.org
Or you can write to them at:
DRC Helpline,
Freepost,
MID 02164,
Stratford upon Avon,
CV37 9BR.
The contact details for the Disability Conciliation Service (DCS) are:
Telephone: 0117 914 2380
Textphone: 0117 914 2379
Fax: 01179142381
Email: info@dcs-gb.org.
Or you can write to them at:
DCS, 3rd Floor, St. Lawrence House,
29-31 Broad Street,
Bristol BS1 2HF
or visit www.dcs-gb.org
Where else can I go for advice?
Don't forget about your local Citizens Advice Bureau - they can often be a useful source of information and legal advice. You can find them in your local phonebook, or search online,
Lancaster’s office can be contacted on 0870 1264035
Morecambe’s office can be contacted on 0870 1264076.
Other areas:
(Scotland) How to take legal action under the DDA In Scotland
There are three different types of court action you can take under the DDA: Small Claim, Summary Cause - details for both of these are available from your local Sheriff's Court - and Ordinary Cause for larger claims. There is no form for this last type, so you will need a lawyer to draft an initial writ (the document that explains your claim).
(N. Ireland) How to take legal action under the DDA
Goods and services complaints in Northern Ireland are normally heard in the County Courts. For further information, contact the Equality Commission for Northern Ireland.
Their telephone number is 02890 500 600, or textphone 02890 500 589.
For Service Providers
Part 3 of the Disability Discrimination Act makes it unlawful for service providers to discriminate against disabled people by failing to make reasonable adjustments. From 1st October 2004 this has included considering reasonable adjustments to the physical features of your premises so that goods, services and facilities are accessible for disabled people.
Click here to download a short guide to what you need to know about the Disability Discrimination Act 1995