About this factsheet

This factsheet is part of RNID's your rights 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.

You can also see this factsheet online as videoclips in British Sign Language (BSL).

Disclaimer

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 or failures to act, which you or anyone else may or may not take on the basis of the information contained in this factsheet.

What is discrimination?

The DDA says that discrimination is when service providers and public authorities treat you less favourably because you have a disability – for example, you have a hearing loss. They may also have to make 'reasonable adjustments' to help you use their services. We explain in this factsheet what 'less favourable treatment' and 'reasonable adjustments' are.

What is the DDA?

The DDA is an Act of Parliament that aims to stop discrimination against disabled people. It covers different sorts of situations – for example, employment, services, transport, education and premises.

This factsheet covers some parts of the DDA: buying goods and using services or facilities, buying and renting property, insurance, private clubs, public services, plus some information on transport. We have other factsheets that explain how the DDA applies to employment and education.

Because the DDA covers such a wide area, it works slightly differently according to the area covered. This means that parts that apply to goods and services will differ from the parts that apply to other situations, such as public functions and housing. We will explain how each part works, in different sections.

Who is covered by the DDA?

The DDA gives a definition of disability – 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 definition is likely to cover profoundly deaf people and other people with severe hearing loss. It does not matter whether you use sign language or not. For more information on this definition, please see our factsheet The DDA – what is meant by disability? People who are not disabled can also be covered by the DDA under some circumstances.

What is victimisation?

The DDA also protects disabled people and people who are not disabled if:

Example – victimisation

A woman who is not disabled is in a pub. She sees that the bar manager throws out a group of deaf signing people and she hears him saying that he does not want 'that sort of people in his pub'. She gives evidence when the group of deaf people bring 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.

Which service providers are covered by the DDA?

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. It does not matter how big or small the organisation is (one person or a large company) or who runs it (government, voluntary organisation, commercial business, and so on). The service must be provided in the UK.

If you are not sure whether an organisation is a service provider, contact the Equality and Human Rights Commission (EHRC) Helpline.

Examples – providers of goods, facilities and services that are covered by the DDA

Course providers such as local education authorities, schools, universities and colleges are covered by different parts of the DDA. For information about the DDA and education, see our factsheets

"Deaf students in further education – your rights under the DDA"

"Deaf students in higher education – your rights under the DDA".

Are service providers liable for others?

Service providers are also liable – that is, legally responsible – for the actions of their employees or others who work in their business.

Example – liability

Bar staff refuse to serve a deaf man because they think he is drunk, even though he explains that he is deaf and his hearing aids are clearly visible. The deaf man could sue the brewery that owns this pub for the actions of its bar staff. If a bouncer then removes 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.

Which service providers are not covered by the DDA?

Not all service providers are covered by the DDA. These include manufacturers, some private clubs, and some parts of public transport.

Manufacturers

The manufacture and design of products is not covered by the DDA. 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 directly 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.

However, it makes good business sense for manufacturers to make their goods and user information accessible – for example, writing user instructions in clear, accessible English (also known as 'plain English').

Private clubs

Private clubs provide services to members and guests only – their services are not open to the public. Private clubs with fewer than 25 members 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 a club has at least 25 members, then it is covered by the DDA. If anyone can be a member of the club, such as a video club, then it is covered by the DDA.

Public transport

The DDA now covers most parts of public transport except for aeroplanes and ships. All buses and trains have to be accessible by 2017 (buses) and 2020 (trains). Services on board transport vehicles are covered by the DDA, except if they are provided on board aircraft or ships.

What types of unlawful discrimination are there?

The DDA says there are four types of unlawful discrimination:

Examples – refusing or deliberately failing to serve you

Examples – offering a lower standard of service or providing a service in a worse manner

Example – not making 'reasonable adjustments'

A hospital does not provide you with communication support, such as a BSL/English interpreter, for a medical appointment.

What are 'reasonable adjustments'?

If disabled customers find it 'impossible or unreasonably difficult' to access your 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'. They include:

Practices, policies and procedures

The practices, policies and procedures of an organisation are covered by 'reasonable adjustments'. This means that if a service provider works in a way that makes it impossible or unreasonably difficult for you to use their service, then they should change the way they work.

Examples – practice, policies and procedures

Additional aids or services

'Reasonable adjustments' also include providing additional aids or services to enable you to access a service, or make it easier for you to do so. Additional aids or services include:

Communication support
Providing qualified BSL/English interpreters (face-to-face or via videophone), lipspeakers, notetakers or speech-to-text reporters.
Equipment
Providing an induction loop or infrared system, textphone, telephone with an amplifier or an inductive coupler, videophone or a fire alarm with flashing lights.
Other
Making printed and online information accessible by writing in plain English; making sure that DVDs or videoclips on any websites are subtitled, signed, or both.

For further information about communication support and equipment, see our leaflets "Don't miss out" and "Everyday solutions".

For detailed information about when a service provider may need to provide BSL/English interpreters for deaf people, read "Guidance on providing British Sign Language/English interpreters under the Disability Discrimination Act 1995". The guidance also gives information about other forms of communication support such as lipspeakers, notetakers and speech-to-text reporters. 

Changing physical features

Service providers have to take steps to deal with barriers to access caused by the 'physical features' of a service provider's premises. Physical features include:

Features covered include: steps, kerbs, parking areas, escape routes, internal/external doors, public facilities (telephones/counters), lighting, signs and temporary/moveable items (such as display racks). Outdoor physical features are also covered, such as paths and seating in a café garden.

Examples  physical features

What do service providers have to do?

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. We recommend that service providers start by removing features and, if this is not reasonable, that they consider 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.

Example – altering or removing a feature

A company replaces the glass screen with the speakerphone with a clear non-reflective screen at its reception, installs an induction loop and changes the lighting. These adjustments help people who lipread and also customers who are partially sighted.

Changing the fundamental nature of the service

The DDA does not say that service providers should change the fundamental nature of their service.

Example – fundamental nature of the service

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.

Providing the service by reasonable alternative means

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.

Example – reasonable alternative means

Glass screens in a government office make it difficult for you to lipread staff in the office. It may be reasonable for them to offer you a face-to-face interview without glass screens.

Do service providers always have to make physical alterations?

No, not always. In England and Wales, the law says that a building should make reasonable accommodation for disabled people 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 disabled people to access and to use the building or any part of it.

You can find the law 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 they do not have to make a reasonable adjustment to it until after 10 years after it was installed or built. This applies if, for example, they already have a ramp or an induction loop fitted in a meeting room.

For further information, see The Code of Practice – Rights of Access: Goods, Facilities, Services and Premises if you are in England, Wales or Scotland. For Northern Ireland, contact the Equality Commission for Northern Ireland.

When is it reasonable to make an adjustment?

The Code of Practice says that what is reasonable may vary according to:

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 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's 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 produces written lecture notes using clear accessible English. It does this 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.

It is advisable for service providers to make sure that their staff members have deaf and disability awareness training (DDAT). This includes managers and directors. It is particularly important for staff members who deal directly with customers to have training. This will help them adopt best practice when dealing with disabled customers, in particular deaf customers. This could be a reasonable adjustment, and may be good for the service provider's business because they will attract more deaf customers.

Who pays for the adjustment?

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 Code of Practice on Rights of Access makes it clear that the cost of reasonable adjustments is 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 Primary Care Trust (PCT) may provide communication support free to NHS providers, such as GPs and dentists.

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.

If there is no such help available, service providers may still have to make the adjustment if it is reasonable.

Planning for reasonable adjustments

Service providers have an 'anticipatory duty'. This means that service providers should think in advance about 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 customer wants to use the service before thinking about adjustments. Service providers must plan ahead – not sit and wait until a customer complains.

Examples – anticipatory duty

- A secondary school is holding an open day for primary school pupils and their parents or carers. They find out from the local authority how they can book communication support if there are any deaf visitors.
- A library organises deaf and disability awareness training for staff members so that they can provide a good service if a deaf or disabled person uses the library services.

The duty is a continuing one – not a 'one off'. This means that service providers should keep their plans under regular review. For example, there may be new technologies that can help make their services accessible.

Is less favourable treatment ever permitted?

Sometimes, yes. 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.

Health and safety

A service provider can treat any person, including a deaf person, less favourably for health and safety reasons. For example, they can refuse to provide a service or provide a lower standard of service if, by providing you with that service, there is a genuine health and safety risk.

Incapacity to enter into a contract

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 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.

If the service provider is otherwise unable to provide the service

A service provider can justify refusing to provide or deliberately not providing the service if, by providing it to you, it would be unable to provide the service to other members of the public. 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.

If discrimination is necessary to provide the service to the disabled person or 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 to provide you with that service.

Greater expense

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 course for deaf parents. However, a service provider is not allowed to pass on the cost of making reasonable adjustments.

Example – justification on grounds of health and safety

A parachute club offers parachute jumps to members of the public. Before they are allowed to board an aeroplane, people must receive health and safety instructions. A group of deaf people sign up for a parachute jump. The parachute club asks them to wait until they have booked an interpreter. The group of hearing people would not have to wait. This is less favourable treatment. However, it could be justified because there is a genuine health and safety risk if the group of deaf people cannot follow the instructions.

Example – incapacity to enter into a contract – justified

A travel agency refuses to book a holiday for a customer with dementia. This could be justified because the customer might not be capable of entering into a legally enforceable agreement. However, if the customer has someone who deals with her or her affairs under a power of attorney, then the service provider cannot use this justification.

Example – incapacity to enter into a contract – not justified

A nurse at a blood donation venue refuses to allow a deaf BSL-user to give blood. This is because the nurse believes that the deaf BSL-user cannot give consent because they cannot communicate directly in English. However, this can be solved by using an interpreter. The deaf person is not incapable of entering into a contract and therefore the nurse cannot use this justification.

Example – justification on grounds of providing for others

A service provider is running a course where you need a BSL/English interpreter. The interpreter is late. However, the service provider starts the course because if they wait for the interpreter to arrive, they 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. This could be lawful.

Example – justification on grounds of providing an effective service

A GP normally sees a patient within 24 hours. However they cannot provide a good service to you without communication support. The surgery asks you to wait a little longer so that they can book an interpreter or lipspeaker.

Example – greater expense – justified

A telephone shop can charge more for a telephone adapted for hard of hearing people than for a standard telephone.

Example – greater expense – not justified

A guesthouse installs a fire alarm with flashing lights. It is unlawful for them to charge you more to cover the cost of the alarm.

Proving that discrimination is justified

Whenever a service provider tries to show that the less favourable treatment is justified, they have to prove 'reasonable opinion'. This has two parts:

Example – reasonable opinion – not justified

A restaurant owner refuses to let you and your hearing dog enter the restaurant. 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.

How does the DDA affect public functions?

The DDA now covers public functions. It says that a public authority is not allowed to discriminate against disabled people when carrying out its 'functions'.

The DDA does not define 'public authority'. It does say that it covers authorities 'whose functions are functions of a public nature'. This covers central government, local councils, NHS hospitals, the courts and social services. It is likely that these are the same public authorities covered by the Human Rights Act 1998.

These 'public functions' will generally be covered by other parts of the DDA. For example, a local council's housing department would come under the premises parts of the DDA; a local authority as an employer would be covered by the employment part; and its leisure department would be covered by the part of the DDA that deals with goods and services. The public functions duty is what is called a 'residual' category – what a public authority does but it is not covered by other parts of the DDA.

Examples – public functions

- Policing: for example, a police officer who makes an arrest
- Procurement: for example, a government department invites businesses to bid for a contract. They cannot discriminate against deaf and other disabled people.
- Public appointments: for example, an appointment as magistrate or as member of an advisory committee.

Private or voluntary organisations can carry out public functions. For example, the RSPCA inspectors are carrying out a public function. Private health providers are carrying out a public function if they are sectioning a person under the Mental Health Act.

What does discrimination in public functions mean?

The DDA protects against two sorts of discrimination:

Less favourable treatment broadly means that the disabled person is treated less favourably because of their disability. In other words, they would not have been treated that way 'but for' their disability.

Example – less favourable treatment

A deaf couple apply to adopt a child. They are told that because they are deaf they would not be able to care for the child properly. This is less favourable treatment. It is unlawful unless it can be justified under the DDA.

A disabled person could be treated differently because of their disability. The person carrying out the function could do so in an offensive way or access to a benefit could be given in a more restrictive way.

Example – offensive treatment

A deaf person claiming benefits is asked to attend an interview. The interviewer makes offensive and derogatory comments about their deafness. This is offensive treatment and is likely to be discriminatory and therefore unlawful.

Justification

As we've already explained, discrimination can sometimes be justified. This can only happen if the reason is one of the conditions that the DDA allows. Discrimination linked to public functions can be justified in the same way, but again, only on the grounds the DDA allows. These are:

Proportionality

There is one final type of justification: proportionality. It only applies to public authorities. A public authority can justify less favourable treatment or not making adjustments if what it does is 'a proportionate means of achieving a legitimate aim'.

Proportionality is a way for the law to deal with situations where a public authority could take different actions, and it has to choose one. A public authority can only use this justification in very specific situations. The situation has to involve an issue of public interest, such as policing. The issue has to have enough importance to take priority over the right not to be discriminated against.

A public authority has to prove that an act is 'a proportionate means of achieving a legitimate aim'. This means it has to show that:

Example – proportionality

A local authority suspends its on-street parking because it needs to repair part of the road. This means that a disabled man can't use the disabled bay outside his house. He has to park on the other side of the road and it is more difficult for him to get to his house. The local authority is trying to achieve a legitimate aim – maintaining the road. However, if it could suspend parking on the opposite side of the road, which would have less of an impact on the disabled person, then its first option would not be the one that had the least impact. This means that the first option would not be 'a proportionate means of achieving a legitimate aim'.

What do public authorities not have to do?

The DDA doesn't say that a public authority has to take steps that it has no power to take, or which will mean that it will break any other legislation. Also, an act is not unlawful discrimination if the public authority does it for the purpose of safeguarding national security.

How does the DDA affect private clubs?

We explained earlier that private clubs with 25 or more members are now covered by the DDA.

Who has protection?

The DDA says that private clubs owe duties to:

The DDA says that it is unlawful for a club to discriminate against these types of people in certain circumstances. It doesn't matter if the club carries out its activities for profit or not.

Applying for membership

The DDA says that a private club is not allowed to discriminate against a disabled person, such as someone who is profoundly deaf:

What rights do members or associates have?

The DDA says it is unlawful for a private club to discriminate against a disabled member or associate:

A club's constitution says what a member is and how someone becomes a member. If someone is granted membership under the constitution, then they will be a member of that club. An associate is not a member. An associate is someone who the club's constitution says enjoys some or all of the rights enjoyed by a member. For example, club A allows members of clubs B and C to use their facilities, just like members. The members of B and C are associates of club A. Benefits or facilities might include using a club's bar, café or sports facilities.

What if I am a guest?

The DDA also covers people who are guests or potential guests. It says that it is unlawful for the private club to discriminate against a disabled person who is a guest or potential guest:

These points only apply to disabled people as guests of the club and not in any other way.

The DDA also says that it is unlawful for the private club to discriminate against a disabled person:

Do private clubs have to make reasonable adjustments?

Yes. Private clubs will have to make reasonable adjustments for all the types of people mentioned above, such as members or potential members. These will broadly be the same type of adjustments that apply to service providers. It will be an anticipatory duty.

How does the DDA affect public transport and taxis?

Transport service providers using certain types of vehicles are covered by Part 3 of the DDA. These vehicles include buses, taxis and trains. Ships and aircraft are not covered. Transport providers must not discriminate when:

Transport providers also have to make certain types of reasonable adjustment. They have to do this if the adjustments are connected to the way they provide the vehicle or to the disabled people using it.

Example – reasonable adjustment

The bus driver announces the next stops on a journey. The driver usually only stops if a passenger presses the 'stop' button. However deaf passengers cannot hear the announcement and may not know when to press the 'stop' button. When a deaf passenger tells the bus driver where they want to get off, the bus driver stops automatically and will signal to the deaf passenger that they are at the requested stop.

What about hearing dogs and transport?

If a train operating company normally does not allow dogs on any of their trains, they are likely to have to change their policy for registered assistance dogs.
 
There are specific laws, called statutory instruments, which say that bus drivers may not refuse to carry registered assistance dogs. These include hearing dogs.

Under the DDA, it is a criminal offence for licensed taxi and private minicab drivers to refuse to carry you as a passenger if you have a registered guide dog or assistance dog with you, to charge you more, or to refuse to allow the dog to stay with you.

The DDA says that a taxi driver or minicab driver can only refuse to carry a registered assistance dog if the driver has a medical exemption certificate issued by the licensing authority. The driver must display the exemption certificate at all times. It is a criminal offence to forge an exemption certificate.

This part of the DDA only applies to registered assistance dogs, such as those trained by Hearing Dogs for Deaf People. You must make sure that your dog is wearing its jacket that says 'Hearing Dogs for Deaf People'. If the training charity has issued you with an identification card for your dog, please carry it with you so you can show that the Hearing Dog is a registered assistance dog.

If you have any problems with a taxi or minicab, you should report it to the licensing authority and give them the car registration number and the driver's badge number.

For more information about guidance on using taxis and private minicabs, contact the Department for Transport. You can also get more information and guidance leaflets on accessible transport and the duties of transport operators from the department.

How does the DDA affect insurance?

Providing insurance is classed as a service under the DDA. However, there is a specific justification for discrimination in insurance provision because it is considered reasonable for insurance providers to rely on relevant information to provide insurance. An insurance provider may be able to justify refusing you insurance or increasing the insurance premiums you pay. This is possible if they have reliable figures that show you are more of a risk because of your deafness and you can't produce evidence to disprove them.

Example – refusing insurance – justified

If it is likely that your hearing loss will get worse, then an insurance company may refuse you cover for the effects of hearing loss.

Example – higher premiums – not justified

An insurance company demands that you pay a higher premium for driving a car. But because there's no evidence that deaf people are more at risk of an accident, this is likely to be unlawful.

How does the DDA affect guarantees and deposits?

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 them 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.

Does the DDA cover property?

Yes. The DDA affects the sale or rental of property – houses, flats and offices – and covers:

There are exemptions for private sales, small dwellings and premises also occupied by the landlord or building owner.

What is less favourable treatment?

Deaf and disabled people can face less favourable treatment by property owners. They can 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.

Discrimination by the landlord or property owner (including a company or other legal entity) can include:

Discrimination can also be by the person managing the premises (this can include the owner – 'person' also includes companies and other legal entities):

Accommodation providers can justify less favourable treatment in certain circumstances.

Justifications for less favourable treatment

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:

Reasonable adjustments

There is a duty to make reasonable adjustments to premises. This includes a duty to make reasonable adjustments to policies, practices and procedures and to take reasonable steps to provide an auxiliary aid or service. This only applies to the use of the premises. Landlords and management companies will not have to remove or alter physical features.

Whom does it apply to?

The duty applies to landlords and managers of rented premises or premises available to rent. The DDA calls these people 'controllers of premises'. The duty applies to both residential and commercial premises.

Landlords and those managing property (such as management companies) will have to make the following reasonable adjustments for tenants:

Examples – reasonable adjustments for tenants

Physical features

Landlords and managers of rented premises will not have to remove or alter physical features. There are regulations that say that some features do not count as physical features, including:

This means doorbells are not physical features, so you could ask your landlord to provide one with a flashing or vibrating alert.
The DDA now says that landlords are not allowed to refuse, unreasonably, to allow disabled tenants to make changes to the property. This only applies if the reason you need to make the change is because of your disability – for example, you need to install a walk-in shower because you cannot physically use a bath. You will have to pay for the alterations yourself and must ask permission first.

This new right doesn't apply to 'common parts' – that is, to hallways or stairs. In Scotland, the right does apply to the 'common parts' but the other tenants need to agree to the change too, as does the landlord.

What do you do if you are discriminated against?

If you have been discriminated against, you may be able to take legal action under the DDA. This includes taking a case to a county court. This can award you compensation for hurt feelings or financial losses. It can also grant you an injunction to stop the service provider from discriminating against you in the future.

If you are on a low income, you may be able to get funding from the Community Legal Service (CLS). This is what used to be called Legal Aid. CLS funding can pay for a solicitor or other adviser to help you. A solicitor or other adviser (a Citizens Advice Bureau, for example) that displays the CLS logo will be able to tell you if you qualify for CLS funding. Go to the CLS website for more information.

Time limits

If you want to take a case to court, you have to do this within six months of the date when the discrimination happened. We give you more information about this below.

Step one: talk to the service provider
You should always contact the service provider directly and discuss your concerns. Use their complaints procedure if they have one. If you do not feel you can do this, get legal advice from one of the organisations listed under Where can I get further information?.

Step two: conciliation
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. You must contact the Equality and Human Rights Commission's Helpline first. Only they can refer you to the Disability Conciliation Service.

Step three: going to the 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 from the Court Service website.

The first step in taking a case to a County Court is called 'making a claim'. You may have to pay a fee to start the case. How much this fee is depends on the amount of damages you are asking the court to award. If you also want the court to make a declaration, you have to pay extra. If the service provider decides to fight the case, you will have to pay an 'allocation fee'. This is currently £35 for claims worth between £1,500 and £5,000. For all other claims, you pay £200. You may have to pay a further fee if the case goes to trial. If you're unemployed or on a low income, you may not have to pay anything at all. The County Court can give you more information about court fees. You can find this on the Court Service website.

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. If you go over this time limit, you may not be able to start your case. However, the court will occasionally hear an application after six months of discrimination taking place, if it chooses. You would have to show that you had a good reason for not starting your case in time. You would also have to show that it was 'just and equitable' to allow you to start your case. That means that your case is so important that the service provider does not have to be protected against late claims. If you want to bring a claim after the time limit, then you should seek legal advice.

Small Claims Track

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. 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 a simpler and more '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, but not the costs of starting a court case.

The County Court as a service provider

The County Court is a service provider, so they have to make reasonable adjustments to enable you to use their services. You should tell the county court as soon as possible if you need communication support – for example, if you want a BSL/English interpreter or a speech-to-text reporter or if you use an induction loop.

In Scotland

There are three different types of court action in Scotland.

Small claim

If your claim is worth less than £3000, 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 currently cost you £44 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.

Summary cause

If you want to claim between £3000 and £5000, then you should use the summary cause procedure. The Sheriff Court will be able to give you a form and help you complete it. The fee to lodge your claim is currently £44. 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.

Ordinary cause

If your claim is for more than £5000, 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 currently £44. Legal Aid is available if you qualify for it. Contact a lawyer or the Scottish Legal Aid Board for more information.

The Scottish Courts are also service providers. This means that the DDA applies to them, just as it does to the courts in England and Wales. You can contact the Scottish Court Service through their website.

If discrimination is proven

If the court agrees that you have been discriminated against, it can:

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 organisations we list under Where can I get further information?.

What is the Disability Equality Duty (DED)?

Since December 2006, there have been new duties on public authorities in Great Britain known as the Disability Equality Duty (DED). The DED requires public authorities such as councils, the NHS and the police to promote equality for disabled people.

Public authorities will have to integrate disability equality into all their services and functions. There is a general duty with different parts to it. This applies to all public authorities.

There is also a specific duty that most authorities have to obey. This duty helps support how they obey the general duty. It includes involving disabled people in meeting the general duty and publishing plans on how authorities will do this.

The DED is connected to the rights and duties that we've explained in this factsheet. You can use it to help challenge discrimination by public authorities. You can get information from the EHRC or read our factsheet "The DED – a guide for deaf people".

What is the Human Rights Act 1998?

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 an 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. There is a time limit that applies here too. You have to bring a claim within one year of the date when you believe your rights were breached.

If you bring a disability discrimination case against a service provider to court, the court must consider whether the Human Rights Act is relevant to any part of the case. For more information, see our factsheet "The Human Rights Act 1998".

Where can I get further information?

Citizens Advice Bureau (CAB)

Community Legal Advice

The Disability Law Service (DLS)

The Equality and Human Rights Commission (EHRC) Helpline

The Equality Commission for Northern Ireland

Law centres

Department for Transport

The Office for Public Information

Further information from RNID

The RNID Information Line offers a wide range of information on many aspects of deafness and hearing loss. You can contact us for further copies of this factsheet and our full range of our information factsheets and leaflets. You may find the following useful:
• "The DED – a guide for deaf people"
• "Deaf students in further education – your rights under the DDA"
• "Deaf students in higher education – your rights under the DDA".

RNID Information Line
19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199
SMS: 0780 0000 360 (costs vary depending on your network)
Email: informationline@rnid.org.uk