The DDA can be quite complicated and detailed. In order to understand the DDA a little more, we thought it would be useful to break down some of the more complex terms into different sections. We have included some common scenarios or situations which might take place in your hall. Reading them may help to explain how the Act works with relation to how you run your Hall. You may have even come across some of these scenarios yourself.
A community centre is subject to the Act because it provides a service to the public and not, for example, because its services are provided from a public building.
Scenario 1A telephone company provides a telephone facility inside a village hall. Although the facility is located on the village hall’s premises, the service is being provided by the telephone company. The company is likely to be responsible for any duties that may arise under the Act in respect of the telephone. However, the village hall is likely to be responsible for ensuring the telephone is physically accessible to disabled customers using its premises.
Scenario 2An organisation providing training from a village hall is responsible for any duties that may arise under the Act in respect of the conduct of the training and the choice of an accessible venue. However, the hall may provide some of the services which are part of the facilities – such as toilets, for which it is responsible under the Act.
Scenario 1A community sports centre admits visiting supporters to league games. However, one supporter is refused entry because he has cerebral palsy and has difficulty controlling and co-ordinating his movements. No other visiting supporters are refused entry.
This would amount to less favourable treatment, and unless it can be justified, would be an unlawful refusal of service, contrary to the Act.
Scenario 2A parish hall has refused a booking from a cycle touring group who left considerable damage when they hired the premises last summer. A member of the cycle group, with a disability, is being treated no differently to the rest of the group. However, if the cycle group are refused entry because one of the members has a disability, it could amount to unlawful discrimination against the disabled member.
Scenario 1A member of staff working in the village hall bar during the annual pantomime, asks a customer, who is lying on one of the sofas to leave the premises, because she assumes he is drunk. The customer is lying down because of a disability rather than alcoholic consumption. The refusal of further service is for ‘a reason which relates to the disabled person’s disability’.
This is unlawful unless the service provider is able to show that the treatment is question is justified as defined by the Act.
However, if the ground for refusing service is because he has no money, then the treatment is not for a reason which is related to the disabled person’s disability.
Scenario 1An usher at the school play allocates a seat with an obstructed view, despite other seats being available, to a visually impaired woman on the assumption that she would not be able to see the whole stage anyway.
This is likely to be against the law.
Scenario 2A person who has Usher’s syndrome (and who, as a consequence, is deafblind) is trying to book the village hall for her daughter’s wedding. The booking secretary asks for a larger deposit than he requires from others. The booking secretary believes, without good reason, that because of her disability she is more likely to cancel her booking.
A village bring and buy sale offers free entry to a communicator-guide accompanying a deafblind person. This allows the deafblind person to enjoy the sale without having to pay two entrance fees.
This is within the law.
Scenario 1A village hall has a small IT suite of computers for village use. When the computers were originally installed, the management committee investigated the option of incorporating text speech software for people with visual impairments. It rejected the option because the software was expensive and not particularly effective. However, as the computers are now five years old and are being updated, the management committee establishes that text to speech software is now much more efficient and they have come down in price. The committee decide to install the software on two of the replacement computers. This is likely to be a reasonable step to take at this time.
Scenario 1A local post office provides a weekly session in the village hall. More often than not, there is quite a queue at opening time. A disabled customer with severe arthritis wants to purchase a TV licence. He experiences great pain if he has to stand for more than a couple of minutes. Other customers would not expect to have to undergo similar discomfort in order to buy a TV licence. Thus, the post office queuing policy makes it unreasonably difficult for the disabled person to use the service.
It would not be considered reasonable for the post office to go to the person’s home to sell them the licence, but they would be expected to amend their queuing policy.
Scenario 1An adult salsa night in the community centre is not required to adjust the lighting to accommodate customers who are partially sighted if it would fundamentally change the atmosphere or ambience of the club.
This is likely to be within the law.
Scenario 2A chiropodist provides appointments to clients in the community centre. A disabled person with severe agoraphobia (fear of public or open spaces) is unable to use the clinic because it exacerbates her disability. She asks if she can be provided with an appointment at home. The chiropodist refuses as she is unable to provide home appointments to any of her clients.
Scenario 1A village hall has installed audio-visual fire alarms in the committee room, which is used as a drop-in by older people with sensory impairments. In order to recover the costs of this installation, the committee charge the group a higher rent for the room.
This is unlikely to be within the law.
Scenario 1The hall management committee have a policy of ‘collar and tie’ at the summer ball. A disabled man who wishes to attend is unable to wear a tie because he has psoriasis (a severe skin complaint) around his face and neck. Unless the committee is prepared to waive its policy, its effect is to exclude the disabled customer from the restaurant.
This is likely to be unlawful.
Scenario 2A village hall runs a book and video club and it requires new members to provide a driving licence as proof of their identity. This automatically excludes some disabled people because the nature of their disability prevents them from obtaining a licence (e.g. mental health, epilepsy, Down’s Syndrome). The hall would be expected to change this practice by being prepared to accept alternative forms of identification.
This is likely to be a reasonable step to take.
Scenario 3A town hall has procedures for the evacuation of the building in the event of a fire or emergency. Users are required to leave the building by designated routes. The procedures are modified (with agreement from the fire authority) to allow users with mobility impairments or sensory disabilities to be evacuated safely.
This is likely to be a reasonable step for the hall to take.
Scenario 1A parish hall provides letting information on an audio tape. A resident with a visual impairment can use the tape at home or in the hall. This is classed as an auxiliary aid.
Scenario 2A person with a hearing impairment is attending a meeting in the village hall. She has been assured, in advance, that the hall has a hearing loop. However, the loop is not regularly checked and on the day of the meeting it was not working. Although the hall provided the aid, it failed to check it was working properly.
This means that the hall is unlikely to have taken reasonable steps to enable disabled people to make use of its service.
Scenario 3A community café based in the village hall changes its menus daily. For that reason, it considers it is not practicable to provide menus in alternative formats, such as Braille. However, staff spend time reading out the menus to visually impaired customers and ensures that there is a large print copy available.
These are likely to be reasonable steps for the café to have to take.
Scenario 1The accessible entrance to a community building is only available by unlocking a side entrance to the car park. At the main entrance there is a bell and a sign saying ‘Please ring bell for disabled access.’ However, the bell is not answered promptly, even in bad weather, so that the disabled person often has to wait for an unreasonable time before gaining access to the building.
This is unlikely to be a reasonable means of avoiding the feature.
Scenario 2The female changing facilities for the table tennis club are located in a room which is only accessible by stairs. The management committee suggests the wheelchair user changes in the space under the stairs.
This is unlikely to be a reasonable alternative of making a service available, since it may significantly infringe their dignity.
Scenario 1A sports annex built in 1995 (England) has a shower compartment for use by disabled people. The annex was subject to scrutiny by a building control officer at the time. In his opinion, the design provided reasonable access, sufficient to satisfy Part M of the Building Regulations. The shower compartment has a fixed seat rather than a tip up seat (as shown in Approved Document M) because the partition walls could not be weight bearing. The fixed seat means it is difficult for some disabled people to use the shower.
It would be unlikely to be reasonable for the hall to consider changing the seating until 2005 (ten years).
Scenario 2A village hall installed a ramp to their front door and all internal doors were widened in 1996 – the opening of the new facilities took place during the Christmas bring and buy sale. The length and gradient of the ramp accord with the provision set out in the applicable Approved Document M (1992) and the doors provide the recommended clear opening width. The hall would not be required under Part 111 of the DDA to alter the length or gradient of the ramp or the internal door widths before Christmas 2006.
The dimensions of the risers and treads of the steps up to the mezzanine floor (completed June 1996) accorded with the provisions of the relevant Approved Document M (1992). These aspects of the steps do not have to be altered for a period of 10 years from the date installation was completed. This is not to say that the hall will not have to improve access in other ways, and it may still have to consider improving the accessibility of the steps, by for instance, improving the lighting and/or fitting a non-slip surface treatment.
Scenario 1A nursery occupies part of a hall under a lease, the terms of which prevent it from making alterations without the consent of the landlord (hall committee). The nursery would like to widen the external door to accommodate a sibling who uses a wheelchair.
The tenant (service provider) must first write to the property owner (lessor) asking for consent to make the alterations. The lessor cannot unreasonably withhold consent but may attach reasonable conditions to the consent.
Scenario 1A play park supervisor refuses to allow a person with muscular dystrophy onto a physically demanding and high-speed ride. The ride requires users to brace themselves using their legs and the disabled person uses walking sticks and cannot stand up unaided.
The refusal is based on genuine concerns for the health and safety of the disabled person and other users, and is therefore, likely to be justified.