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This factsheet is part of RNID's Disability Discrimination Act range. It is written for deaf and hard of hearing people. We use the term deaf people to refer to deaf, deafened and hard of hearing people throughout this factsheet.
This factsheet tells you about the Disability Discrimination Act 1995 (DDA) and how it affects you. It tells you about:
At the end of this factsheet we give you details of useful organisations you can contact for more information.
This factsheet gives you information rather than specific legal advice. Please read our disclaimer at the end of this factsheet.
The DDA aims to stop discrimination against disabled customers; that is, people who buy goods, or use facilities or services. It seeks to give deaf or disabled people equal and enforceable rights and access to goods, facilities or services. The DDA says that service providers are not allowed to treat disabled people less favourably because of their disability.
The DDA says that discrimination is when service providers treat disabled people less favourably because of their disability and the treatment cannot be justified.
The DDA gives a definition of disability and if someone fits that definition they are protected by the DDA. The DDA defines disability as "a physical or mental impairment which has a substantial and long term adverse effect on [the person's] ability to carry out normal day to day activities".
The Government offers guidance on matters to be taken into account when determining questions relating to the definition of disability. This guidance says that an "inability to hold a conversation with someone talking in a normal voice" or an "inability to hear and understand another person speaking clearly over the voice telephone" counts as a substantial adverse effect under the Act. Substantial means more than minor or trivial, so a relatively minor hearing loss is unlikely to fit the definition. But people who have a hearing loss that affects their ability to communicate could fit this definition; for example, someone with a severe hearing loss or someone who is deaf and uses British Sign Language (BSL). The guidance also says that when the effect of your deafness or hearing loss is being looked at, the effect of background noise should be taken into account.
Any steps taken to treat or correct a person's deafness or hearing loss are ignored for the purposes of the DDA. This means that even if you wear a hearing aid, your hearing without the hearing aid is what counts.
You may not regard yourself as 'disabled'. This is your choice, because it is how you see yourself. But the term 'disabled person' has a specific meaning under the DDA, and is separate from the way that people perceive themselves: it is a legal definition only.
You can get a copy of the DDA from The Stationery Office (external link, opens new browser window) (TSO) or view it on the Disability Rights Commission's website (external link, opens new browser window) (see the "Useful organisations" section for full contact details).
People who are not disabled can be covered by the DDA under some circumstances. We tell you more about this in the section "What is victimisation?"
Service providers are liable - which means they are legally responsible - for the actions of their employees or others who work in their business. For example, the brewery that owns a pub is responsible if its bar staff refuse to serve a deaf man because they think he is drunk, even though he explains that he is deaf and has a speech impairment, and his hearing aids are clearly visible. If the brewery then uses a bouncer to remove the deaf man from the pub, the brewery could also be liable for the bouncer's actions when the deaf man objects to the way he has been treated. The brewery is responsible even if a security firm employs the bouncer.
The DDA protects disabled people and people who are not disabled if they are victimised by a service provider because they have helped a deaf or disabled person to make a complaint or given evidence, or taken a case against a service provider. In the example in the previous section (see "Are service providers liable for others?"), it may be that a woman who is not disabled is present in the pub and gives evidence when the deaf man brings the case to court. The next time she goes to the pub, the bar manager refuses to serve her because she has given evidence against him in court. This is an example of victimisation and, under the DDA, the woman could bring her own case to court against the brewery.
Under the DDA, 'service providers' are most companies or organisations that offer goods, facilities or services in the UK to the public. It does not matter whether the services are free or paid for. This includes any company, partnership, sole trader or similar in the following categories:
It also includes:
Course providers, such as local education authorities, schools, universities and colleges are covered by different sections of the DDA. For further information, see our factsheets:
Not all service providers are covered by the DDA. Those that are not covered include private clubs, manufacturers and providers of public transport.
Services closed to the public, such as some golf clubs, are not covered by the DDA. However, if a private club sometimes opens to the public, for example for a wedding reception, then it will be covered by the DDA on such occasions.
If anyone can be a member of the club, such as a video club, then it is covered by the DDA.
The manufacture and design of products is not covered by the DDA because the service is not being provided directly to the public. This means that manufacturers and designers do not have to make changes to their products, packaging or instructions to comply with the DDA, unless they sell direct to the public. For example, film producers do not have to put subtitles on films they make. However, under the terms of the DDA, cinemas do have duties to provide subtitles on any films they show.
Nevertheless, it makes good business sense for manufacturers to make their goods and user information accessible. For example, writing user instructions in clear, accessible English.
Public transport vehicles such as buses and trains are not covered by the DDA, so discrimination that happens on them is not unlawful. However, bus and train stations are covered by the DDA. This means that transport companies may need to make 'reasonable adjustments' to make sure that you can access information and ticket sales offices at stations. We tell you more about making 'reasonable adjustments' later. Specific regulations apply to taxis and private hire vehicles: for further information see our factsheet "Cars and public transport - information for deaf and hard of hearing people".
Under the DDA, it is unlawful for a service provider to treat you less favourably than they would treat a hearing customer or a customer with a different disability. The DDA says there are four types of unlawful discrimination:
If disabled customers find it 'impossible or unreasonably difficult' to gain access to goods, services or facilities, then service providers may have to change the way they provide those goods, services or facilities. The DDA refers to these changes as 'reasonable adjustments'. Reasonable adjustments include:
The first three types of reasonable adjustment have been in force since 1 October 1999. The last came into force on 1 October 2004.
The practices, policies and procedures of an organisation are included when considering reasonable adjustments. This means that if a service provider works in a way that makes it impossible or unreasonably difficult for you to use its service, then it should change the way it works. For example, if a service provider has a 'no dogs' policy, it may have to change this policy as it could discriminate against you if you are deaf and you have a hearing dog.
Reasonable adjustments include providing additional aids or services to allow you to access a service or make it easier for you to do so. Additional aids or services can include:
For further information about communication support and equipment, see our leaflets
For detailed information about when service providers may need to provide BSL/English interpreters for their customers, read "Guidance on providing British Sign Language/English interpreters under the Disability Discrimination Act 1995 for employers, trade organisations and service providers". This was produced jointly by the RNID, the Disability Rights Commission and the British Deaf Association and can be ordered from RNID's website. A summary of the guidance is available. You can also see "Guidance on providing sign language interpreters" on RNID's website as BSL videoclips.
From 1 October 2004, service providers have had to take steps to deal with barriers to access which are caused by the physical features of a service provider's premises. A physical feature includes:
Features covered include: steps, kerbs, parking areas, escape routes, internal and external doors, public facilities (such as telephones and counters), lighting, signs and temporary or moveable items such as display racks. Outdoor physical features are covered, such as paths and seating in a café garden. For example, if the access to a building is over a gravel path this could cause problems for people with mobility impairments. A hotel with heavy outer doors that are difficult for people with dexterity impairments to open, and where the reception counter has a glass screen, which makes lipreading unreasonably difficult, would also be covered.
Where the effect of a physical feature makes it impossible or unreasonably difficult for a disabled person to use a service offered to the public, service providers have to take reasonable steps to:
The DDA aims to make services accessible. Getting this done is more important than how it is achieved. Best practice recommended by RNID is for service providers to start by removing features, and if this is not reasonable, considering ways of avoiding the feature. This is because this approach would be 'inclusive', and is preferable. Providing an alternative method of service creates a different service, and should be a last resort. Adopting an inclusive approach is better for disabled people and for business. For example, a company that removes the glass screen at its reception and repositions lighting over the area helps people who lipread and also customers who are partially sighted.
The DDA does not say service providers should change the fundamental nature of their service. For example, if you wear hearing aids, it is unlikely that a club would need to turn down its music just because you find the music uncomfortable.
If a physical feature of a service provider's building makes it impossible or unreasonably difficult for you to use their service, then they should make alternative arrangements. For example, if glass screens in a government office make it difficult for you to lipread staff in the office then it may be reasonable for them to offer you a face-to-face interview without glass screens.
In some cases, service providers may not have to make physical alterations to their buildings. In England and Wales, the law says that a building should make reasonable accommodation for people with disabilities to get into and use it. In practice, this means that a building's physical features, such as lifts and entrances, should make it "reasonably safe and convenient" for people with disabilities to access and to use the building or any part of it. The law is given in Part M of the Building Regulations 2000 (as amended). This says that "reasonable provision shall be made for people to gain access to and use the building and its facilities", and this includes disabled people. In Scotland, similar provisions apply and the most recent requirements are laid out in the general Technical Standards.
The DDA says that if a physical feature in the service provider's building meets with these existing building regulations, then it does not have to make a reasonable adjustment to it until after 10 years after it was installed or built. This applies if, for example, it already has a ramp or an induction loop fitted in a meeting room.
For further information, get "The Code of Practice - Rights of Access. Goods, Facilities, Services and Premises (external link, opens new browser window)" from the Disability Rights Commission if you are in England, Wales or Scotland. For Northern Ireland, contact the Equality Commission for Northern Ireland. See the "Useful organisations" section for full contact details.
The DRC's Code of Practice says that what is reasonable may vary according to:
This will depend on a number of things, including how practical it is to make the adjustment. The following list gives some of the factors that a service provider could take into account when considering what is reasonable. This list does not give all the possible factors - it only gives examples:
Where possible, service providers should speak to deaf or disabled customers to make sure that the adjustment suits them. For example, a bank should ask a profoundly deaf person what sort of communication support they prefer.
If it impossible to make one adjustment, then service providers should try to make a different one. Service providers must make whatever reasonable adjustment is possible. For example, a museum produced written lecture notes using clear accessible English because it could not book a lipspeaker. Service providers should not make a lesser adjustment simply because it is easier than making the reasonable adjustment that works best.
Service providers should make sure that their staff members have deaf and disability awareness training. This includes managers and directors. It is particularly important for staff members who deal directly with customers to have training. This will help them to adopt best practice when dealing with disabled customers, in particular deaf customers. This could be a reasonable adjustment, and may be beneficial to the service provider's business.
Service providers have to pay for and make any adjustments, or arrange to have them done. Service providers are not allowed to pass on the cost of the adjustment to deaf or disabled customers. The Disability Rights Commission's "Code of Practice on Rights of Access" makes it clear that the cost of reasonable adjustments are part of a service provider's general costs.
Service providers should find out if they can get any financial help to pay for adjustments or if any other organisations can provide help. For example, a local group may supply BSL/English interpreters free or at a reduced charge to some service providers. If service providers do not find out about such help and this means they fail to make the adjustment, it may be difficult for them to show that the failure was justified. It is the same if they know about such help, but choose not to make use of it. We tell you more about this in the next section.
If there is no such help available, service providers may still have to make the adjustment if it is reasonable.
The DRC's Code of Practice says that service providers should anticipate the reasonable adjustments they may need to make, and plan ahead. This is because the duties are owed to disabled people generally and apply whether the service provider knows that a particular person is disabled or not.
Service providers should not wait until a disabled client or customer wants to use the service before thinking about adjustments. Service providers must plan ahead - not sit and wait. And the duty is a continuing one, not a "one off". This means that service providers should keep their plans under regular review; for example, considering the effect of new technologies.
The DDA says that a service provider is allowed to treat a disabled person less favourably in some situations. This is called justification. There are five possible conditions that can allow them to treat you less favourably. However, they have to show that at least one of them applies.
A service provider can treat any person, including a deaf person, less favourably, for health and safety reasons. For example, it can refuse to provide a service or provide a lower standard of service if, in providing you with that service, there is a genuine health and safety risk.
A service provider does not have to provide services to someone who is not capable of entering into a legally enforceable agreement or of giving informed consent, for example a customer with senile dementia. However, the service provider would need to consider if it could help that person by providing information in plain English.
If the customer has someone who deals with their affairs under a power of attorney, then the service provider will not be able to rely on this form of justification.
A service provider can justify refusing to provide or deliberately not providing the service if, by providing it to you, then it would be unable to provide the service to other members of the public. For example, if a service provider is running a course where you need a BSL/English interpreter, and the interpreter is late, then the service provider may decide to start the course because if it waits for the interpreter to arrive, it will not be able to get through all the information. This is less favourable treatment because it means that you will miss the start of the course. However, it is necessary to provide the service to other people on the course, so this could be lawful.
The refusal of service is only justified if other people would effectively be prevented from providing the service to the other members of the public.
A service provider can justify providing the service to a lower standard or in a worse manner if the discrimination is necessary to provide a service, or to provide a service to other members of the public. For example, it may take a service provider a little longer to provide you with a service because of your communication needs. This is a lower standard of service, but necessary in order to provide you with that service.
A service provider can justify charging you more for some goods or services than it charges other people, if the service is individually tailored to your needs. For example, a telephone shop can charge more for a telephone adapted for hard of hearing people than for a standard telephone. However, a service provider is not allowed to pass on the cost of making reasonable adjustments. For example, if a guesthouse installs a fire alarm with flashing lights, it is unlawful for it to charge you more to cover the cost of the alarm.
Whenever a service provider tries to show that the less favourable treatment is justified, they have to prove two points.
For example, a restaurant owner may refuse to let you and your hearing dog enter the restaurant and the owner later says that he thought that the dog might try to jump up and take food from the table. This is unlikely to be justification if the owner did not give this reason at the time, and also because a reasonable person is unlikely to agree with the reason.
The provision of insurance is classed as a service under the DDA. However, there is a justification for discrimination in insurance provision because it is considered reasonable for insurance providers to rely on relevant information to provide insurance. For example, an insurance provider may be able to justify refusing you insurance or increasing the insurance premiums you pay. This is possible if it has reliable figures that show you are more of a risk because of your deafness and you cannot produce evidence to disprove them.
The DDA also makes special provisions for guarantees and deposits. If a service provider gives a guarantee that an item will be refunded or replaced if it is damaged, it is not unlawful for it to refuse to honour the guarantee if the damage was caused by a person's disability. It is also not unlawful to refuse to refund a deposit if damage to goods was caused by someone's disability.
The DDA affects the sale or rental of property, including houses, flats and offices. The DDA covers:
There are exemptions for private sales, small dwellings and premises that are also occupied by the landlord or building owner.
Deaf and disabled people can face less favourable treatment by property owners. You may also experience less favourable treatment from someone managing the premises, for example a landlord's agent, property manager, tenants' committee, accommodation bureau, caretaker, estate agent or rent collector.
Less favourable treatment can be the landlord or property owner (including a company or other legal entity):
Less favourable treatment can also be by the person managing the premises (this can include the owner, as the term "person" includes companies and other legal entities). This may occur:
Accommodation providers can justify less favourable treatment in certain circumstances. We tell you more about this in the next section.
Providers of housing may be able to justify treating a disabled person less favourably. To do so, they will have to prove that they had a genuine and 'reasonable' belief that one of the following justifications applied to the situation:
In the final example it may be that a landlord refuses to allow a tenant with a learning disability to use the shared laundry facilities in a block of flats. This is because they frequently break the washing machine, as they do not understand the instructions. This could be justified.
The DDA does not impose a specific duty on housing providers to make reasonable adjustments. However, disabled tenants may be able to use other legislation to require housing providers to agree to make reasonable adjustments.
If you have been discriminated against, you may be able to take legal action under the DDA. Your first step should be to contact the service provider direct and discuss your concerns. Use its complaints procedure if it has one. If you do not feel you can do this, get legal advice from one of the useful organisations listed later in this factsheet.
If discussing your complaint with the service provider does not help, you may be advised to use the Disability Conciliation Service. This service aims to negotiate a settlement between you and the service provider, without going to court.
If you still cannot reach a settlement with the service provider, the next step is to consider taking your case to the County Court. To do this, you must complete form N1, which you can get from your local county court or you can visit the Court Service website (external link, opens new browser window).
The first step in taking a case to County Court is called 'lodging proceedings'. This will cost you £120. You will then have to pay a further £80 if the service provider decides to fight the case. If you are unemployed or on a low income, you do not pay anything. The County Court can give you more information about court fees.
You must take any claim for discrimination to court within six months of the time you were discriminated against. If you are using the Disability Conciliation Service, your time limit will be extended to eight months.
In most discrimination cases, the award (money) you get will be less than £5,000 and so a claim is usually heard in the Small Claims Track (this used to be called the Small Claims Court). You should check the current limits with the court. This is less formal and faster than the other tracks of the County Court. If your case is allocated to another track, then you may be able to get help with your legal costs if you are on a low income. In the other tracks, the person who loses usually has to pay the winner's legal costs.
The Small Claims Track is supposed to be simpler and more of a do-it-yourself form of court action. This means that you are unlikely to be able to get public funding - sometimes called Legal Aid - to help pay for legal advice or representation. You may qualify for Legal Help, which can pay for some advice.
The County Court is a service provider and so it has to make reasonable adjustments to help you to use its services. You should tell the Court Service Helpline if you need communication support, for example if you want a BSL/English interpreter or a speech-to-text reporter .
There are three different types of court action in Scotland.
If your claim is worth less than £750, then you can make a small claim action. The Sheriff Court will give you a form for this and can help you complete it. It will cost you £36 to lodge your claim. You won't be able to ask for any other type of order, for example a declaration that you have been discriminated against. This is a do-it-yourself system, so you cannot get Legal Aid to pay for a lawyer to represent you, although you may qualify for Legal Advice and Assistance. This can pay for some advice from a lawyer.
If you want to claim between £750 and £1500, then you should use the summary cause procedure (you should check the up-to-date financial limits). The Sheriff Court will be able to give you a form and help you complete it. The fee to lodge your claim is £36. You may be able to get Legal Aid to help pay for a lawyer to represent you. This depends on your income. You should contact a lawyer or the Scottish Legal Aid Board for more information.
If your claim is for more than £1500, or if you want another order, such as an interdict to stop further discrimination, then you will need to use the ordinary cause procedure. There is no form for this and you will need a lawyer to draft an initial writ. This is the document that explains your claim. The fee to register your claim with the court is £46. Legal Aid is available if you qualify for it. Contact a lawyer or the Scottish Legal Aid Board for more information.
The Scottish Court is also a service provider. This means that the DDA applies to it, just as it does to the courts in England and Wales. You can find out more by visiting the Scottish Court Service website (external link, opens new browser window).
If the court agrees that you have been discriminated against, it can:
Making a declaration of the rights of the parties means the court agrees that you have suffered unlawful discrimination. This usually happens if you have not lost money or if a point of principle is involved. If it orders the service provider to pay you compensation for hurt feelings and for actual loss then is to deal with any hurt or upset that you have felt because you were discriminated against. Compensation for actual loss might be awarded, for example, if insurers made you pay a higher premium for your insurance.
If you think the court has applied the law wrongly, you can appeal against the decision. To do this, you need to get legal advice from the useful organisations that we list below.
The Human Rights Act 1998 gives everyone, including disabled people, additional rights. It only applies to public authorities, for example local or central government or a National Health Service (NHS) Trust. Depending on the circumstances, you may be able to bring a claim under the Human Rights Act as well as under the DDA. Even if you do not have a claim under the DDA, you might still have a case under the Human Rights Act.
If you bring a disability discrimination case against a service provider to court, then the court must consider whether the Human Rights Act is relevant to any part of the case. The court must do this even if the service provider is not a public authority. For more information, see our factsheet "The Human Rights Act 1998 - information for deaf and hard of hearing people".
This information is not legal advice, and you should not rely on it as such. You should consider taking independent legal advice from a solicitor or other qualified legal adviser. RNID does not accept any liability for any actions which you or anyone else may take on the basis of the information contained in this factsheet.
The RNID Casework Service provides information and advice to the public and professionals on the Disability Discrimination Act 1995 in relation to employment, education and the provision of goods, services and facilities. In some situations, the Casework Service may be able to help you bring your case to court, and provide you with representation in court.
RNID Casework Service, 19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199.
Email: caseworkteam@rnid.org.uk
Your local CAB will give free advice on the DDA. In some situations, it may provide representation. See your phonebook for your nearest CAB or do an online search by visiting the Citizens Advice Bureau website (external link, opens new browser window).
The Community Legal Service aims to give information and help about your legal rights. It brings together organisations that give legal advice. The Community Legal Service directory line can give you details of your local advice centre providing help in discrimination cases.
Telephone: 0845 608 1122
Textphone: 0845 609 6677
Website: Community Legal Service website (external link, opens new browser window)
The DLS provides free legal advice to disabled people and representation where appropriate.
DLS, Ground Floor, 39-45 Cavell Street, London E1 2BP
Telephone: 020 7791 9800
Textphone: 020 7791 9801
Fax: 020 7791 9802
Email: advice@dls.org.uk
The DRC provides free advice to people who have been discriminated against. It may provide representation and runs a conciliation service to try and resolve problems with service providers without going to court.
Disability Rights Commission, Freepost MID 02164, Stratford-upon-Avon CV37 9HY
Telephone: 08457 622 633
Textphone: 08457 622 644
Fax: 08457 778 878
Email: enquiry@drc-gb.org
Website: The Disability Rights Commission's website (external link, opens new browser window)
The Equality Commission for Northern Ireland provides information, advisory and training services to assist all employers and organisations in carrying out their duties under equal opportunities legislation in Northern Ireland.
The Equality Commission for Northern Ireland, Equality House, 7-9 Shaftesbury Square, Belfast BT2 7DP
Telephone: 028 90 500600
Textphone: 028 90 500589
Fax: 028 90 248687
Email: information@equalityni.org
Website: The Equality Commission for Northern Ireland website (external link, opens new browser window)
The Law Centres Federation can give you the details of your local law centre. Law centres can provide free advice and representation.
Law Centres Federation, 18-19 Warren Street, London W1P 5DB
Telephone: 020 7387 8570
Fax: 020 7387 8368.
Email: info@lawcentres.org.uk
Website: The Law Centres Federation website (external link, opens new browser window)
The Stationery Office (TSO) sells printed versions of legislation or any other official publication previously published by Her Majesty's Stationery Office (HMSO).
The Stationery Office (TSO) PO Box 29, St Crispins, Duke Street, Norwich NR3 1GN
Telephone: 0870 600 5522
Fax: 0870 600 5533
Email: customer.services@tso.co.uk
Website: The Stationery Office website (external link, opens new browser window)
If you want to find out more about some of the subjects covered in this factsheet, the following RNID factsheets and information may be useful:
"The Disability Discrimination Act (DDA) - The DDA and your rights" is a video tape subtitled and presented in BSL by Clive Mason. It costs £5.99 and you can buy it online at the RNID Shop or by contacting the RNID Information Line.