Disability - Access & Awareness

Our aim is to give the browser a brief overview of the UK Disability Discrimination Act and some useful links to some of the sources of more detailed advice and resources which are available to businesses and consumers. We also aim to provide an insight into the work ABTA is doing to raise the profile of the needs of travellers with a disability amongst ABTA members and the industry as a whole.

So what has ABTA been doing?

We have produced a 'Checklist for Disabled and Less Mobile Passengers' which has been designed as an aid to checking the suitability of the accommodation, transport and facilities in the destination. This form should also be used to give information regarding specific needs for equipment and / or medication. You can download a copy of the checklist from here in Word format or in Adobe Acrobat pdf.
We have also co-produced two booklets for the travel industry entitled "Tourism and the DDA" and "Welcoming your Visually Impaired Customers". Copies of these booklets are available from the ABTA Travel Information Line 0901 201 5050(calls are charged at 50p per minute - UK callers only)
The RNIB has produced for us 10 top tips for leisure and tourist industry staff and 10 top tips on providing an accessible environment for disabled people (Word format)
In association with the RNIB we have organised a number of one-day seminars for the travel industry to raise awareness of disability issues and to advise on their responsibilities under the Disability Discrimination Act (DDA).
We have been working to influence industry and Government, working with the Disability Rights Commission (DRC) and disability organisations to produce industry guidance on complying with the DDA, and with the Department for Transport (DfT) on producing an "Air Access Code of Conduct" which was published in March 2003 -www.dft.gov.uk/stellent/groups/dft_mobility/documents/divisionhomepage/031009.hcsp
We have also been working in Europe through the European Civil Aviation Conference to ensure that the process of choosing and booking air travel and making the journey is a seamless process.

Guidance for business:

So much has been written and talked about ‘disability’. The word itself tends to scare businesses into worrying about all the things they can’t offer. Don’t worry. And before you read the following guide remember these three golden rules:

If your premises are accessible for disabled people it means they are also accessible for customers carrying shopping, those with pushchairs, older customers, and those with luggage and more. All of these customers have money to spend on travel and it makes good business sense to provide full access so that they can spend it with you
It is great if you can think about access issues like ramps, wide doors, and Braille, but most importantly, put quality service first. Well trained and aware staff will help most customers overcome most problems.
Treat each customer as an individual whether they have a disability or not.

Introduction

Here is a brief guide to the Disability Discrimination Act 1995 (DDA) and a few tips on understanding some of the implications it has for the way you provide your services to the public. For more detailed guidance read the Code of Practice on Rights of Access, Goods, Facilities, Services and Premises published by the Disability Rights Commission (DRC). Useful website addresses are listed at the end.

What is disability discrimination (DDA)?

The word ‘disabled’ often conjures up images of white sticks and wheel chairs. But disabled people are a diverse customer group with many different requirements which you need to consider.

‘Disability’ is defined under the Act as ‘a physical or mental impairment which has a substantial and long-term adverse effect on [a persons] ability to carry out normal day-to-day activities’. For example, customers may be partially sighted, have a hearing impairment, learning disability, diabetes, epilepsy, mental illness, asthma, ME, facial/bodily disfigurements, arthritis or mobility problems to name but a few. So the DDA covers a vast range of impairments. And many disabilities may be not be immediately obvious.

[Note: many of us face problems with the environment we find ourselves in - for example, walking the long distances at many airports; reaching brochures on high shelves; climbing steps without a handrail.]

You will be discriminating against a disabled person if for a reason related to their disability you:

refuse to serve them

e.g. you refuse to take a booking from someone with a learning difficulty because you think other customers might not like them being there.

offer your service on different terms than you offer to everyone else

e.g. you ask for a larger deposit from a disabled customer as you think the person will be more likely to cancel their holiday.

provide a service to a different standard than everyone else

e.g. you don’t tell a blind person about the excursions being offered as part of the holiday because you believe that the customer won’t enjoy or see them.

Are my services covered?

The Act covers all the services you provide in the UK, so this means your premises, call centre or phone services, brochures, websites, all your documentation and booking procedures including any customer satisfaction forms etc.

You should not look for reasons or excuses to discriminate against disabled people who wish to use your services. Instead the Act requires you to look for all reasonable ways to serve disabled people.

e.g. If a disabled customer contacts you during a busy lunchtime, you would be treating that customer less favourably if you asked them to come back later because you assume it takes longer to serve them and you don’t have time. You’re making an assumption that they can come in at any time rather than just at lunchtime like many other customers who work.

[Note: while aircraft and overseas services such as hotels are not covered by the DDA you may be discriminating if you do nothing to find out whether these services are accessible. Once you know what the customer’s needs are you should take reasonable steps to find out about the accessibility of aircraft, accommodation, excursions etc. Use the ‘ABTA Checklist for Disabled and Less Mobile Customers’ to help match needs with services.]

What are my duties to make ‘reasonable adjustments?’

You have to make ‘reasonable adjustments’ to the way your services operate so that disabled people can use them. If you do not make these changes and you cannot justify your actions (or inaction!) according to the criteria outlined in the DDA, you may be taken to court and be made to pay compensation. Often very simple and cost effective solutions can be found which will enable someone with a disability to enjoy your service. You should keep the duty under regular review in the light of experience. The duty means you must look at three main areas of your business:

Changing practices, policies and procedures. This means changing what you do (business practices), what you intend to do (business planning), and how you intend to go about it (business procedures)

e.g. If you have a ‘no dogs’ policy, a disabled person who has an assistance dog will not be able to use your service. This is illegal under the Act. Your policy should be ‘no dogs except guide dogs’.

e.g. you may claim that you ‘are not specialists in holidays for the disabled’. This could indicate that your policies, practices and procedures are not geared up to accept enquiries from disabled customers and could be discriminatory.

[Note: Although there is nothing unlawful about genuinely seeking to assist disabled people by informing them where they might get service more suited to their requirements, putting disabled people off using your services may be unlawful irrespective of your intention or motive. You can’t refuse to serve a disabled person simply on the grounds that other businesses cater better for disabled people. Spurious reasons cannot be used to refuse to serve a disabled person – even if the you think that serving the disabled person will upset or raise objections from other customers.] If you refuse to serve a customer you may be asked to justify your reasons and to provide evidence to support any assumptions made.

Providing auxiliary aids and services. Many services can be made more accessible by using an auxiliary aid. It is your obligation under the Act to use whatever auxiliary aids you can to make sure that your service is accessible to disabled people. These are often simple and cheap to implement. Trained staff, information in Braille or on tape, accessible web-sites, a temporary ramp, portable induction loop, minicom for deaf customers – all are auxiliary aids.

e.g. Your staff should help customers to complete your forms, provide an itinerary in large print (at least 14 point sans serif) or on audio cassette. You should think about grab rails by steps to help customers with mobility problems, and if a permanent ramp is not possible, think about having a temporary ramp available. And make sure disabled customers who need assistance can easily let you know they are outside. In resort your tour managers should provides printed copies of their welcome speech and local information for guests who have a hearing disability.

Overcoming a physical feature by removing, altering, avoiding it or providing your services by alternative methods. The focus of the Act is on results. Where there is a physical barrier, your aim should be to make your services accessible to disabled people. What is important is that this aim is achieved, rather than how it is achieved. If your service remains inaccessible, you may have to defend your decisions.

It is important that you don’t assume that the only way to make services available to disabled people is to make a physical alteration to their premises (such as installing a ramp or widening a doorway). Often, minor measures such as allowing more time to serve a disabled customer, will help disabled people to use a service. Disability awareness training for staff is also appropriate.

e.g. If you are a travel agent without wheelchair access and a wheelchair user comes to your shop, you need to consider how you can offer your service in an alternative way. Perhaps you can give information over the phone or a member of staff could talk through the brochures on offer and either give or post them to the person. It is important to note, that you have to have made reasonable adjustments to provide physical access to your shop. With a little thought, changes can often be made at little cost.

e.g. Your premises are accessible by a flight of stairs at the front entrance. You’re in a listed building, and cannot get consent to install a ramp. A side entrance for staff use is more accessible. You could arrange for people with a mobility impairment to use this entrance. This is likely to be a reasonable step to take. You could of course go further and adopt an inclusive approach by also making the side entrance available to everyone.

e.g. You are refurbishing your offices. In replacing the carpets you ensure that low pile, high-density carpets are fitted. This helps many of your customers with mobility impairments (for example those who use a wheelchair, artificial limb or walking aid) to move with greater ease within the office. You also decide to make improvements to the office colour scheme, lighting and signage. Make sure you do this in consultation with local disability groups to help customers with visual, hearing or learning difficulties. As part of the refurbishment, you might think about Braille markings to signs etc, and buying a portable induction loop system for your public areas – these are cheap and easy to use. By these means, you place yourself in a good position to provide accessible services to disabled customers. Ensure that staff understand what to do and why.

What should you do now?

You need to think about your attitude to disabled people and the way that your staff treat customers. You are more likely to comply with your duties under the DDA if you:

Inform all staff dealing with the public that it is unlawful to discriminate against disabled people
Establish a positive policy to ensure inclusion of disabled people and communicate it to all staff
Train staff to understand your policy towards disabled people, your legal obligations and your duty of reasonable adjustments
Monitor the implementation and effectiveness of such a policy
Train all your staff and make equality training part of induction and on-going training programmes
Staff conduct and discrimination must be part of your disciplinary rules and procedures
Customer complaints procedures should be easy for disabled people to use
Consult with disabled customers, disabled staff and local or national disability organisations who can advise on physical access, as well as signage, layout and colour schemes
Review regularly to check whether your services are accessible to disabled people
Consider having a documented access statement and an ongoing access action plan to chart your progress.
If in doubt, ask!

Useful contacts and publications:

Disability Rights Commission - www.drc-gb.org. Here you will find a lot of guidance for business and consumers, as well as the Code of Practice on Rights of Access Goods, Facilities, Services and premises.

Disabled Persons Transport Advisory Committee – www.dptac.gov.uk. This is the Government’s statutory advisory body on disabilities and accessible transport and the build environment. Here you will also find the ‘Door-to-Door’ website which contains information for consumers who are planning a journey - www.dptac.gov.uk/door-to-door/

Department for Transport – www.dft.gov.uk. Here you will find the voluntary UK Air Access Code which covers travel agents, tour operators, airports and airlines, including service and design issues www.dft.gov.uk/stellent/groups/dft_mobility/documents/divisionhomepage/031009.hcsp

The Royal National Institute of the Blind - www.rnib.org.uk. Here is information on a range of services which can help business make services more accessible to blind and visually impaired people - access audits, producing accessible information, useful products and a whole variety of customer care and DDA training courses.

The Pet Travel Scheme – This is administered by the Department for Environment, Food and Rural Affairs (DEFRA) – You can find full details of the new requirements for pets travelling abroad. This is particularly important if you need to travel with an assistance animal - www.defra.gov.uk/animalh/quarantine/pets/procedures/owners.htm

	Customers with a disability? No problem!

Our aim is to give the browser a brief overview of the UK Disability Discrimination Act and some useful links to some of the sources of more detailed advice and resources which are available to businesses and consumers. We also aim to provide an insight into the work ABTA is doing to raise the profile of the needs of travellers with a disability amongst ABTA members and the industry as a whole. So what has ABTA been doing? We have produced a 'Checklist for Disabled and Less Mobile Passengers' which has been designed as an aid to checking the suitability of the accommodation, transport and facilities in the destination. This form should also be used to give information regarding specific needs for equipment and / or medication. You can download a copy of the checklist from here in Word format or in Adobe Acrobat pdf. We have also co-produced two booklets for the travel industry entitled "Tourism and the DDA" and "Welcoming your Visually Impaired Customers". Copies of these booklets are available from the ABTA Travel Information Line 0901 201 5050(calls are charged at 50p per minute - UK callers only) The RNIB has produced for us 10 top tips for leisure and tourist industry staff and 10 top tips on providing an accessible environment for disabled people (Word format) In association with the RNIB we have organised a number of one-day seminars for the travel industry to raise awareness of disability issues and to advise on their responsibilities under the Disability Discrimination Act (DDA). We have been working to influence industry and Government, working with the Disability Rights Commission (DRC) and disability organisations to produce industry guidance on complying with the DDA, and with the Department for Transport (DfT) on producing an "Air Access Code of Conduct" which was published in March 2003 -www.dft.gov.uk/stellent/groups/dft_mobility/documents/divisionhomepage/031009.hcsp We have also been working in Europe through the European Civil Aviation Conference to ensure that the process of choosing and booking air travel and making the journey is a seamless process. Guidance for business: So much has been written and talked about ‘disability’. The word itself tends to scare businesses into worrying about all the things they can’t offer. Don’t worry. And before you read the following guide remember these three golden rules: If your premises are accessible for disabled people it means they are also accessible for customers carrying shopping, those with pushchairs, older customers, and those with luggage and more. All of these customers have money to spend on travel and it makes good business sense to provide full access so that they can spend it with you It is great if you can think about access issues like ramps, wide doors, and Braille, but most importantly, put quality service first. Well trained and aware staff will help most customers overcome most problems. Treat each customer as an individual whether they have a disability or not. Introduction Here is a brief guide to the Disability Discrimination Act 1995 (DDA) and a few tips on understanding some of the implications it has for the way you provide your services to the public. For more detailed guidance read the Code of Practice on Rights of Access, Goods, Facilities, Services and Premises published by the Disability Rights Commission (DRC). Useful website addresses are listed at the end. What is disability discrimination (DDA)? The word ‘disabled’ often conjures up images of white sticks and wheel chairs. But disabled people are a diverse customer group with many different requirements which you need to consider. ‘Disability’ is defined under the Act as ‘a physical or mental impairment which has a substantial and long-term adverse effect on [a persons] ability to carry out normal day-to-day activities’. For example, customers may be partially sighted, have a hearing impairment, learning disability, diabetes, epilepsy, mental illness, asthma, ME, facial/bodily disfigurements, arthritis or mobility problems to name but a few. So the DDA covers a vast range of impairments. And many disabilities may be not be immediately obvious. [Note: many of us face problems with the environment we find ourselves in - for example, walking the long distances at many airports; reaching brochures on high shelves; climbing steps without a handrail.] You will be discriminating against a disabled person if for a reason related to their disability you: refuse to serve them e.g. you refuse to take a booking from someone with a learning difficulty because you think other customers might not like them being there. offer your service on different terms than you offer to everyone else e.g. you ask for a larger deposit from a disabled customer as you think the person will be more likely to cancel their holiday. provide a service to a different standard than everyone else e.g. you don’t tell a blind person about the excursions being offered as part of the holiday because you believe that the customer won’t enjoy or see them. Are my services covered? The Act covers all the services you provide in the UK, so this means your premises, call centre or phone services, brochures, websites, all your documentation and booking procedures including any customer satisfaction forms etc. You should not look for reasons or excuses to discriminate against disabled people who wish to use your services. Instead the Act requires you to look for all reasonable ways to serve disabled people. e.g. If a disabled customer contacts you during a busy lunchtime, you would be treating that customer less favourably if you asked them to come back later because you assume it takes longer to serve them and you don’t have time. You’re making an assumption that they can come in at any time rather than just at lunchtime like many other customers who work. [Note: while aircraft and overseas services such as hotels are not covered by the DDA you may be discriminating if you do nothing to find out whether these services are accessible. Once you know what the customer’s needs are you should take reasonable steps to find out about the accessibility of aircraft, accommodation, excursions etc. Use the ‘ABTA Checklist for Disabled and Less Mobile Customers’ to help match needs with services.] What are my duties to make ‘reasonable adjustments?’ You have to make ‘reasonable adjustments’ to the way your services operate so that disabled people can use them. If you do not make these changes and you cannot justify your actions (or inaction!) according to the criteria outlined in the DDA, you may be taken to court and be made to pay compensation. Often very simple and cost effective solutions can be found which will enable someone with a disability to enjoy your service. You should keep the duty under regular review in the light of experience. The duty means you must look at three main areas of your business: Changing practices, policies and procedures. This means changing what you do (business practices), what you intend to do (business planning), and how you intend to go about it (business procedures) e.g. If you have a ‘no dogs’ policy, a disabled person who has an assistance dog will not be able to use your service. This is illegal under the Act. Your policy should be ‘no dogs except guide dogs’. e.g. you may claim that you ‘are not specialists in holidays for the disabled’. This could indicate that your policies, practices and procedures are not geared up to accept enquiries from disabled customers and could be discriminatory. [Note: Although there is nothing unlawful about genuinely seeking to assist disabled people by informing them where they might get service more suited to their requirements, putting disabled people off using your services may be unlawful irrespective of your intention or motive. You can’t refuse to serve a disabled person simply on the grounds that other businesses cater better for disabled people. Spurious reasons cannot be used to refuse to serve a disabled person – even if the you think that serving the disabled person will upset or raise objections from other customers.] If you refuse to serve a customer you may be asked to justify your reasons and to provide evidence to support any assumptions made. Providing auxiliary aids and services. Many services can be made more accessible by using an auxiliary aid. It is your obligation under the Act to use whatever auxiliary aids you can to make sure that your service is accessible to disabled people. These are often simple and cheap to implement. Trained staff, information in Braille or on tape, accessible web-sites, a temporary ramp, portable induction loop, minicom for deaf customers – all are auxiliary aids. e.g. Your staff should help customers to complete your forms, provide an itinerary in large print (at least 14 point sans serif) or on audio cassette. You should think about grab rails by steps to help customers with mobility problems, and if a permanent ramp is not possible, think about having a temporary ramp available. And make sure disabled customers who need assistance can easily let you know they are outside. In resort your tour managers should provides printed copies of their welcome speech and local information for guests who have a hearing disability. Overcoming a physical feature by removing, altering, avoiding it or providing your services by alternative methods. The focus of the Act is on results. Where there is a physical barrier, your aim should be to make your services accessible to disabled people. What is important is that this aim is achieved, rather than how it is achieved. If your service remains inaccessible, you may have to defend your decisions. It is important that you don’t assume that the only way to make services available to disabled people is to make a physical alteration to their premises (such as installing a ramp or widening a doorway). Often, minor measures such as allowing more time to serve a disabled customer, will help disabled people to use a service. Disability awareness training for staff is also appropriate. e.g. If you are a travel agent without wheelchair access and a wheelchair user comes to your shop, you need to consider how you can offer your service in an alternative way. Perhaps you can give information over the phone or a member of staff could talk through the brochures on offer and either give or post them to the person. It is important to note, that you have to have made reasonable adjustments to provide physical access to your shop. With a little thought, changes can often be made at little cost. e.g. Your premises are accessible by a flight of stairs at the front entrance. You’re in a listed building, and cannot get consent to install a ramp. A side entrance for staff use is more accessible. You could arrange for people with a mobility impairment to use this entrance. This is likely to be a reasonable step to take. You could of course go further and adopt an inclusive approach by also making the side entrance available to everyone. e.g. You are refurbishing your offices. In replacing the carpets you ensure that low pile, high-density carpets are fitted. This helps many of your customers with mobility impairments (for example those who use a wheelchair, artificial limb or walking aid) to move with greater ease within the office. You also decide to make improvements to the office colour scheme, lighting and signage. Make sure you do this in consultation with local disability groups to help customers with visual, hearing or learning difficulties. As part of the refurbishment, you might think about Braille markings to signs etc, and buying a portable induction loop system for your public areas – these are cheap and easy to use. By these means, you place yourself in a good position to provide accessible services to disabled customers. Ensure that staff understand what to do and why. What should you do now? You need to think about your attitude to disabled people and the way that your staff treat customers. You are more likely to comply with your duties under the DDA if you: Inform all staff dealing with the public that it is unlawful to discriminate against disabled people Establish a positive policy to ensure inclusion of disabled people and communicate it to all staff Train staff to understand your policy towards disabled people, your legal obligations and your duty of reasonable adjustments Monitor the implementation and effectiveness of such a policy Train all your staff and make equality training part of induction and on-going training programmes Staff conduct and discrimination must be part of your disciplinary rules and procedures Customer complaints procedures should be easy for disabled people to use Consult with disabled customers, disabled staff and local or national disability organisations who can advise on physical access, as well as signage, layout and colour schemes Review regularly to check whether your services are accessible to disabled people Consider having a documented access statement and an ongoing access action plan to chart your progress. If in doubt, ask! Useful contacts and publications: Disability Rights Commission - www.drc-gb.org. Here you will find a lot of guidance for business and consumers, as well as the Code of Practice on Rights of Access Goods, Facilities, Services and premises. Disabled Persons Transport Advisory Committee – www.dptac.gov.uk. This is the Government’s statutory advisory body on disabilities and accessible transport and the build environment. Here you will also find the ‘Door-to-Door’ website which contains information for consumers who are planning a journey - www.dptac.gov.uk/door-to-door/ Department for Transport – www.dft.gov.uk. Here you will find the voluntary UK Air Access Code which covers travel agents, tour operators, airports and airlines, including service and design issues www.dft.gov.uk/stellent/groups/dft_mobility/documents/divisionhomepage/031009.hcsp The Royal National Institute of the Blind - www.rnib.org.uk. Here is information on a range of services which can help business make services more accessible to blind and visually impaired people - access audits, producing accessible information, useful products and a whole variety of customer care and DDA training courses. The Pet Travel Scheme – This is administered by the Department for Environment, Food and Rural Affairs (DEFRA) – You can find full details of the new requirements for pets travelling abroad. This is particularly important if you need to travel with an assistance animal - www.defra.gov.uk/animalh/quarantine/pets/procedures/owners.htm