About this factsheet

This factsheet is part of RNID's your rights range. You should read it if you are a service provider – that is, if you sell goods or provide facilities or services to the public, which includes deaf and hard of hearing people. You should also read it if you are a public authority or if you rent, sell or manage premises.

We use the term 'deaf people' to refer to deaf, deafened and hard of hearing people throughout this factsheet.

Read this factsheet to find out:

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 the Disability Discrimination Act (DDA)?

The DDA aims to stop discrimination against disabled customers – people who buy goods or services or use facilities. It seeks to give disabled people (including deaf people) equal and enforceable rights and access to goods, facilities and services. The DDA says that service providers are not allowed to treat disabled people less favourably because of their disability.

What is discrimination?

The DDA says that discrimination is when service providers treat disabled people less favourably because of their disability and the treatment cannot be justified.

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".
For more information on this definition, please see our factsheet "The DDA – what is meant by disability?"
Deaf people are covered by the definition. People who are not disabled can be covered by the DDA under some circumstances. Some of these circumstances amount to 'victimisation'.

What is victimisation?

The DDA also protects disabled people and non-disabled people if they:

Example – victimisation

A woman who is not disabled gives evidence when a deaf man takes a pub to court for discrimination. The next time she goes to the pub, the bar manager refuses to serve her because she has given evidence against him in court. Under the DDA, the woman could bring her own court case against the pub.

Am I liable for others?

Yes. You are also liable – that is, legally responsible – for the actions of your employees or others in your business.

Example – liability

You have a brewery with a pub. The bar manager refuses 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. You will be responsible for the bar manager's actions. If a bouncer removes the deaf man from the pub, you could also be liable for the bouncer's actions if 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 covered by the DDA?

Under the DDA, 'service providers' are most companies or organisations that offer goods, facilities or services to the public in the UK. It does not matter whether the services are free or paid for. Nor does it matter whether you are in the public or private sector. Some examples are listed below. If you are not sure whether you are covered, contact the Equality and Human Rights Commission's (EHRC) helpline.

Examples – service providers covered by the DDA

Shops, banks, hospitals, GPs, police, care homes, housing associations, cinemas, estate agents, hotels, guest houses, solicitors and courts.
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 "The DDA and further education" and "The DDA and higher education".

Which service providers are not covered by the DDA?

Not all service providers are covered by the DDA. These include:

Private clubs

If your club has fewer than 25 members, you will not be covered unless you open to the public. We tell you how the DDA affects private clubs with 25 or more members in the section "How does the DDA affect private clubs with 25 members or more?".

Example – small clubs

A bridge club with 20 members hires out their building to other organisations. The bridge club is covered by the DDA in relation to the hiring out of their premises.

Manufacturers

The manufacture and design of products is not covered by the DDA. This means that manufacturers and designers do not have to change their products, packaging or instructions to comply with the DDA, unless they sell directly to the public.

Example – film producers

Film producers do not have to put subtitles on films they make. However, it is likely that cinemas have duties to provide subtitles on films they show.
It makes good business sense for manufacturers to make their goods and user information accessible – for example, writing user instructions in clear, accessible English (known as 'plain English').

Public transport

Since December 2006, most transport service providers have been covered by Part 3 of the DDA for the use of their vehicles. Planes and boats are not covered. However, the service infrastructure, such as terminals and ferry ports, are covered. The provisions for transport are slightly different from the general provisions. For a detailed explanation, read the Code of Practice 'Provision and use of transport vehicles'.

Carriage of hearing dogs by taxis and private hire vehicles

There are specific rules for the carriage of hearing dogs and other assistance dogs by taxis and private hire vehicles. Under the DDA, it is a criminal offence for licensed taxi and private minicab drivers to:

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.

How does the DDA affect me as a service provider?

Under the DDA, it is unlawful for you to treat a deaf customer less favourably than you would a hearing customer, or a customer with a different disability. The DDA says that there are four types of unlawful discrimination:

What are reasonable adjustments?

If disabled customers find it 'impossible or unreasonably difficult' to gain access to your goods, services or facilities, you may have to change the way you provide those goods, services or facilities. Such changes are referred to by the DDA as 'reasonable adjustments'. Reasonable adjustments include:

Changing the way a service is provided ('practices, policies and procedures')

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

Example – hearing dogs

If you have a 'no dogs' policy, it may discriminate against a deaf person who uses a hearing dog.

Example – evacuation

If your evacuation procedures mean that deaf people cannot leave your premises safely in the event of a fire, you may have to change your procedures.

Providing an additional aid or service

'Reasonable adjustments' also include providing additional aids or services to enable a deaf person to access a service or make it easier for them to do so. You can do this by providing communication support, the right equipment or other support. For example:

Making sure that DVDs or videoclips on your CD-ROM or website 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 you may need to provide BSL/English interpreters for your customers, read "Guidance on providing British Sign Language/English interpreters under the Disability Discrimination Act 1995: for employers, trade organisations and service providers". A summary of the guidance is also available. You should also read "Providing access to communication in English for deaf people".

Removing or altering physical features

Service providers must deal with access barriers caused by the physical features of their premises, such as lighting or glass screens if these create barriers to accessing the service. 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.

Example – intercom access

If access to a building is through intercom only, this will cause problems for deaf people because they cannot respond when the other person speaks or when the door buzzes open.

Changing physical features

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 you start by removing features and, if this is not reasonable, 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 therefore be a last resort. Adopting an inclusive approach is better for deaf and other disabled people – and better for business.
You may not always have to change the physical feature. 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 use the building, or any part of it.
In Scotland, similar provisions apply. The most recent requirements are laid out in the general Technical Standards.
The DDA says that if a physical feature in your building meets the requirements of these existing building regulations, you do not have to make a reasonable adjustment to it until 10 years after it was installed or constructed. This applies if, for example, you already have a ramp or an induction loop fitted in a meeting room.
For further information, read "The Code of Practice – Rights of Access: Goods, Facilities, Services and Premises" if you are in England, Wales or Scotland. In Northern Ireland, contact the Equality Commission for Northern Ireland (opens new browser window). You might also find it helpful to contact the Centre for Accessible Environments (opens new browser window) or an access consultant listed in the National Register of Access Consultants (opens new browser window).
Check that any access consultant you instruct has relevant experience in issues affecting deaf and hard of hearing people.

Providing the service in an alternative way

The DDA does not say that you should change the fundamental nature of your service. For example, it is unlikely that a club would need to turn down its music just because it was uncomfortable to people with hearing aids.
If a physical feature of your premises makes it impossible or unreasonably difficult for a deaf person to use your service, you should make alternative arrangements.

Example – making entrances accessible

A company removes the existing entry system because deaf people cannot hear what is being said. They replace the system with a video entryphone so that both parties can see each other on the video screen. 

When is it reasonable to make an adjustment?

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

Although this is not an exhaustive list, these are some of the factors that you could take into account when considering what is reasonable:

Example – use of induction loops

If you install an induction loop, you need to make sure that it works and train your staff how to use it.

Example – booking interpreters

It may not be possible to book a BSL/English interpreter for a specific date. Interpreters are in short supply. It is also important that you get someone who is suitably qualified. However, it may be possible for you to change the date so that you can book an interpreter.

Example – paying for adjustments

A small company might find it difficult to pay for an expensive adjustment, but they might be able to afford a different or cheaper adjustment.

Example – small companies

A small company may have a limited amount in their budget to spend on making adjustments.

Example – Primary Care Trusts (PCTs) and free interpreting

Some PCTs offer free interpreting services to GPs.

Example – museum audiotours

For hearing people, a museum provides audiotours. For deaf people, they have transcripts written in plain English, usually because they could not book communication support. They advertise this facility clearly at the ticket office.
If it is impossible to make one adjustment, you should try to make a different one. Service providers must make whatever reasonable adjustment is possible.
Service providers should not make a lesser adjustment simply because it is easier than making the reasonable adjustment that works best.
It is a good idea to offer deaf and disability awareness training to your staff, including managers and directors, and particularly those who deal directly with customers. 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 for your business.
Where possible, consult your deaf or disabled customers to make sure that the adjustment you make suits them.

Example – consulting customers

A bank always asks its customers if the bank needs to make any adjustments. In the case of a profoundly deaf person, the bank will ask what sort of communication support they prefer. This is important because deaf people do not always use the same type of communication support. Some use British Sign Language (BSL) and may prefer interpreters. Others may prefer a lipspeaker or speech-to-text reporter.

Who pays for the adjustment?

You have to pay for and make any adjustments or arrange to have them done. You may not pass on the cost of the adjustment to your 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.
You should find out if you can get any financial help to pay for adjustments or if any other organisations can provide help.
If you do not find out about such help, or you know about it but choose not to make use of it and you fail to make the adjustment, it may be difficult for you to show that the failure was justified. We tell you more about this below.
If there is no such help available, you may still have to make the adjustment if it is reasonable.

How do I plan for reasonable adjustments?

The Code of Practice says that, as a service provider, you should anticipate the reasonable adjustments you may need to make and plan ahead. The reason is that the duties are owed to disabled people generally and apply whether the service provider knows that a particular person is disabled or not.
You should not wait until a disabled customer wants to use the service before thinking about adjustments. You should be proactive, not reactive.
The duty is a continuing one, not a 'one-off'. You should keep your plans under regular review – for example, there may be new technologies that make it easier for you to make certain reasonable adjustments.

When is less favourable treatment permitted (justification)?

The DDA says that you can lawfully treat a disabled person less favourably in some situations. This is called justification. There are five possible conditions that could allow you to treat a disabled person less favourably. You have to show that at least one of them applies.

1. Health and safety
You can treat any person, including a deaf person, less favourably for health and safety reasons, but there must be a genuine health and safety risk.

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. A 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 deaf people cannot follow the instructions.

2. Incapacity to enter into a contract

You do not have to enter into a contract with someone who is not capable of entering into a legally enforceable agreement, or of giving informed consent.

Example – justification on grounds of incapacity

A travel agency refuses to book a holiday for a customer with senile 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 his or her affairs under a power of attorney, this form of justification will not be available to you.

3. If you are otherwise unable to provide the service
You can justify refusing to provide or deliberately not providing the service to a disabled person if doing so would mean you couldn't provide the service to other members of the public.

Example – justification on grounds of providing for others

You are running a course in which a deaf person needs a BSL/English interpreter. The interpreter does not come. However, you start the course anyway because, if you wait for the interpreter to arrive, you will not be able to get through the course. This is less favourable treatment because the deaf person will miss the course – but it is also necessary to provide the service to other people. After the course, you discuss with the deaf person what you can do to make sure that he or she can catch up.

4. If discrimination is necessary to provide the service to the disabled person or other members of the public
You 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.

Example – justification on grounds of providing for deaf people

As in the previous example, you are running a course in which a deaf person needs a BSL/English interpreter. Now the interpreter is late. However, you start the course anyway because, if you wait for the interpreter to arrive, you will not be able to get through all the information. This is less favourable treatment because the deaf person will miss the start of the course – but it is also necessary to provide the service to other people. After the course, you tell the deaf student what he or she has missed.

5. Greater expense
You can justify charging a deaf person more for some goods or services than you charge other people if the service is individually tailored to the needs of that customer. However, you are not allowed to pass on the cost of making reasonable adjustments.

Example – greater expense: justified

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

Example – greater expense: not justified

If a guesthouse installs a fire alarm with flashing lights, it is unlawful for them to charge deaf customers more to cover the cost of the alarm.

How do I prove that discrimination is justified?

Whenever you try to show that the less favourable treatment is justified, you have to prove two points:

Example – less favourable treatment (1)

A restaurant owner refuses to let a deaf person with a 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.

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'. But it does say that it covers authorities 'whose functions are functions of a public nature'. This phrase 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. It means those functions that the authority may be carrying out the function under a specific statute. Examples of public functions are:

What does discrimination in public functions mean?

The DDA protects against two sorts of discrimination:

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

Example – less favourable treatment (2)

A deaf couple apply to foster 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 and is unlawful unless it can be justified under the DDA.
A public authority may treat a disabled person 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

The deaf couple above 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.

Justification

Discrimination can sometimes be justified – but only if it fulfils 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 grounds are:

Proportionality

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

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 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 does not say that a public authority has to take steps that it has no power to take, or that mean 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 insurance?

Providing 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.

Example – justification for insurance providers

An insurance provider may be able to justify refusing insurance or increasing the insurance premiums for a deaf person. This is possible if they have reliable figures to show that a deaf person was more at risk and a deaf person could not produce evidence to prove that they were not at risk.

How does the DDA affect guarantees and deposits?

The DDA also makes special provisions for guarantees and deposits.
If you give a guarantee that an item will be refunded or replaced if it is damaged, it is not unlawful for you 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.

How does the DDA affect private clubs with 25 members or more?

If a private club has 25 or more members, it will be covered by the DDA. Private clubs owe duties to:

How does the DDA apply to property?

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

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

What is less favourable treatment with regard to property?

Deaf and disabled people can face less favourable treatment by property owners. They can also experience less favourable treatment from someone managing a property – 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 be the owner, companies or other legal entity. They might show less favourable treatment:

Accommodation providers can justify less favourable treatment in certain circumstances.

Justifications for less favourable treatment

If you are a provider of housing, you may be able to justify treating a disabled person less favourably. To do so, you will have to prove that you had a genuine and 'reasonable' belief that one of the following justifications applied to the situation:

Reasonable adjustments

Providers also have a duty to:

These duties apply only to the use of the premises. Landlords and management companies will not have to remove or alter physical features.

To whom does it apply?

The duty applies to landlords and managers of rented premises or premises available to rent. The DDA calls these '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:

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:

Landlords and managers may therefore need to make reasonable changes to these features.
Landlords are not allowed to refuse, unreasonably, to allow disabled tenants to make changes to the property. However, this right does not apply to 'common parts' – hallways or stairs. In Scotland, the right does apply to common parts, but the other tenants must agree to the change, as must the landlord.

What happens if I don't comply with the DDA?

A deaf customer who believes they have been discriminated against by you, the service provider, may take action against you in the county court.
If they are successful, the court has the power to award damages against you, including damages for 'hurt feelings'. In some circumstances, the court may grant an injunction to order you to make adjustments. The court can also make a declaration stating that you have discriminated against the deaf or disabled customer.
A customer might also be referred to the Disability Conciliation Service, which provides a way for both of you to attempt to settle the complaint without going to court.

How can RNID help me put theory into practice?

Providing accessible services for deaf people is part of good customer service. Our training can help your organisation deliver a high-quality service to disabled and deaf customers and employees. We can deliver tailor-made training in your workplace, anywhere in the UK. We can also advise you about the changes that you may need to make if you employ deaf staff, and about developing training opportunities for them. For details, please contact RNID's Information Line.
You can also find out about our Louder than Words Charter. It is awarded to organisations offering a high-quality, deaf-aware service to all their deaf customers, service users and staff. For more information, please contact our Louder than Words co-ordinator.
You can get more information on specialist equipment from RNID Products.

What is the Disability Equality Duty (DED)?

The Disability Equality Duty (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 duty applies to all public authorities.
There is also a specific duty that most authorities have to comply with. 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. You can get more information from the EHRC or read our factsheet "The Disability Equality Duty (DED) – a guide for public authorities".

What is the Human Rights Act (1998)?

The Human Rights Act (1998) gives everyone, including disabled people, additional rights. If you are a public authority – for example, local or central government or an NHS Trust – the Act applies directly to you. Even if a disabled person does not have a claim under the DDA, they may still have a claim under the Human Rights Act. When providing services to disabled people, you should consider the possible impact of the Human Rights Act.
If a disabled person brings a disability discrimination case against you in 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 you are not a public authority. For more information, see our factsheet "Human Rights Act 1998".

Where can I get further information?

Equality and Human Rights Commission (EHRC)

The independent advocate for equality and human rights in Britain, the EHRC aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The commission provides help and advice on equal opportunities policy and practice to many organisations and companies.

England
Telephone: 08456 046 610 
Textphone: 08456 046 620 
Fax: 08456 77 88 78
9am to 5pm Monday to Friday, except Wednesday 8am to 8pm

Wales
Telephone: 08456 048 810 
Textphone: 08456 048 820 
Fax: 08456 048 830
9am to 5pm Monday to Friday

Scotland
Telephone: 08456 045 510 
Textphone: 08456 045 520 
Fax: 08456 045 530
9am to 5pm Monday to Friday

For online queries, go to the EHRC website (external link, opens new browser window)
Users of British Sign Language (BSL) can request a videophone call.

The Equality Commission for Northern Ireland

Centre for Accessible Environments

National Register of Access Consultants (NRAC)

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.
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  

RNID Products
Sells a range of equipment for deaf people. Visit the RNID Shop to buy some of the equipment online, or contact us for a copy of the Solutions catalogue.
RNID Products, 1 Haddonbrook Business Centre, Orton Southgate, Peterborough PE2 6YX
Telephone: 0870 789 8855  
Textphone: 01733 238020  
Fax: 0870 789 8822
Email: solutions@rnid.org.uk  

Louder than Words
Louder than words co-ordinator
Telephone: 07939 169186
Email: shelley.parker@rnid.org.uk