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Legal Framework
The Disability Discrimination Act 1995 (Part III) places obligations on service providers, and potentially sports clubs, to end discrimination against disabled people. The fundamental purpose is that disabled people should not be treated less favourably because of their disability. The key requirements have been phased-in at 3 key dates:
- December 1996 - it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability
- October 1999 - service providers have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services
- October 2004 - service providers may have to make other 'reasonable adjustments' to overcome physical barriers to access
The goods and services provisions of the Act do not apply to private clubs where "membership is a condition of participation and members of the committee have to comply with a genuine process of selection". However CCPR has been advised that this is unlikely to cover the majority of voluntary sports clubs, and legally it may be difficult for a club to prove that it is not providing a service within the meaning of the Act.
Disabled People and Sports Clubs
There are over 8 ½ million disabled people in the UK, some of whom will be involved in their local sports club either as participants or spectators.
Many clubs will already be ensuring their facilities are accessible to the disabled. Clubs will have often made changes without really noticing, the handrails in the toilet or in the clubhouse for example. However further adjustments might still need to be made, and clubs are encouraged to view these in a positive way, as a route to involving more people in their activities.
What issues should clubs be considering?
Practically clubs need to consider the needs of disabled users. Current provisions relate to how services are provided, and from 2004 clubs should consider physical features of premises.
The Disability Rights Commission has made clear that the Act only requires what is reasonable. However clubs should begin thinking about the needs of disabled users and start making appropriate changes. Some alterations may be physical but others may relate to how the club is run. For example: ·
- A clubhouse may have a "no dogs" policy. The policy could be amended to allow guide or assistance dogs to enter.
What is 'reasonable'?
Clubs are required to make 'reasonable' adjustments to services, and should try to anticipate the potential needs of disabled users. When considering what is reasonable, factors such as the size of the club, costs, and staffing would be taken into account. A small volunteer run local club would not be expected to make the type of changes that a large sports centre would.
Also the legislation does not require sports clubs to change the fundamental nature of their services.
- For example a cricket club would not have to significantly change the nature of the game to accommodate a fielder who is a wheelchair user. Conversely a lawn bowls club could accommodate a visually impaired player by making some practical provisions for guide dogs or by making some small adjustments to the game.
Furthermore while services should be made more accessible for disabled people, it is understood that it might not always be possible, and in some circumstances this would not be considered discriminatory.
- In some contacts sports it may not always be possible to involve people with certain disabilities because of health and safety concerns. Although clearly situations should be considered on a case by case basis, and a proper risk assessment carried out.
Practical Guidance and Advice
The Disability Rights Commission has produced a detailed guide on complying with the Act, which provides a range of practical suggestions and guidance. It is entitled "Making access to goods and services easier for disabled customers" and is aimed at small service providers. It is freely available from the Commission.
The guide deals with a number of common situations, for example:
- The entrance to the club is up a number of steps. Possible suggestions for action include: installing a ramp; fitting a handrail on both sides of the steps; even painting the edges of the steps in a contrasting colour might aid people with visual impairments.
Many local authorities will employ access officers who could visit premises and offer advice. Alternatively the council might put you in touch with a Local Disabled Access Group. A starting point could be to contact disabled friends or relatives and ask what changes might benefit them. Although clearly people with different disabilities will have different needs.
Funding
Some local authorities may provide discretionary grants for improving facilities, but there is no central funding scheme.
Useful Contacts
The Disability Rights Commission operate a helpline which can be contacted on:
DRC Helpline, FREEPOST, Mid 02164, Stratford upon Avon, CV37 9BR
Tel: 08457 622 633
Fax: 08457 778 878
Email: enquiry@drc-gb.org
Web: www.drc-gb.org
The contents of this paper are intended as a basic guide, and do not negate the need for professional legal advice as necessary.
Disability Discrimination Act - Sport
| Legal Framework
The Disability Discrimination Act 1995 (Part III) places obligations on service providers, and potentially sports clubs, to end discrimination against disabled people. The fundamental purpose is that disabled people should not be treated less favourably because of their disability. The key requirements have been phased-in at 3 key dates: - December 1996 - it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability
- October 1999 - service providers have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services
- October 2004 - service providers may have to make other 'reasonable adjustments' to overcome physical barriers to access
The goods and services provisions of the Act do not apply to private clubs where "membership is a condition of participation and members of the committee have to comply with a genuine process of selection". However CCPR has been advised that this is unlikely to cover the majority of voluntary sports clubs, and legally it may be difficult for a club to prove that it is not providing a service within the meaning of the Act.
Disabled People and Sports Clubs
There are over 8 ½ million disabled people in the UK, some of whom will be involved in their local sports club either as participants or spectators. Many clubs will already be ensuring their facilities are accessible to the disabled. Clubs will have often made changes without really noticing, the handrails in the toilet or in the clubhouse for example. However further adjustments might still need to be made, and clubs are encouraged to view these in a positive way, as a route to involving more people in their activities.
What issues should clubs be considering?
Practically clubs need to consider the needs of disabled users. Current provisions relate to how services are provided, and from 2004 clubs should consider physical features of premises. The Disability Rights Commission has made clear that the Act only requires what is reasonable. However clubs should begin thinking about the needs of disabled users and start making appropriate changes. Some alterations may be physical but others may relate to how the club is run. For example: · - A clubhouse may have a "no dogs" policy. The policy could be amended to allow guide or assistance dogs to enter.
What is 'reasonable'?
Clubs are required to make 'reasonable' adjustments to services, and should try to anticipate the potential needs of disabled users. When considering what is reasonable, factors such as the size of the club, costs, and staffing would be taken into account. A small volunteer run local club would not be expected to make the type of changes that a large sports centre would. Also the legislation does not require sports clubs to change the fundamental nature of their services.
- For example a cricket club would not have to significantly change the nature of the game to accommodate a fielder who is a wheelchair user. Conversely a lawn bowls club could accommodate a visually impaired player by making some practical provisions for guide dogs or by making some small adjustments to the game.
Furthermore while services should be made more accessible for disabled people, it is understood that it might not always be possible, and in some circumstances this would not be considered discriminatory. - In some contacts sports it may not always be possible to involve people with certain disabilities because of health and safety concerns. Although clearly situations should be considered on a case by case basis, and a proper risk assessment carried out.
Practical Guidance and Advice
The Disability Rights Commission has produced a detailed guide on complying with the Act, which provides a range of practical suggestions and guidance. It is entitled "Making access to goods and services easier for disabled customers" and is aimed at small service providers. It is freely available from the Commission. The guide deals with a number of common situations, for example: - The entrance to the club is up a number of steps. Possible suggestions for action include: installing a ramp; fitting a handrail on both sides of the steps; even painting the edges of the steps in a contrasting colour might aid people with visual impairments.
Many local authorities will employ access officers who could visit premises and offer advice. Alternatively the council might put you in touch with a Local Disabled Access Group. A starting point could be to contact disabled friends or relatives and ask what changes might benefit them. Although clearly people with different disabilities will have different needs.
Funding
Some local authorities may provide discretionary grants for improving facilities, but there is no central funding scheme.
Useful Contacts
The Disability Rights Commission operate a helpline which can be contacted on: DRC Helpline, FREEPOST, Mid 02164, Stratford upon Avon, CV37 9BR
Tel: 08457 622 633
Fax: 08457 778 878
Email: enquiry@drc-gb.org
Web: www.drc-gb.org The contents of this paper are intended as a basic guide, and do not negate the need for professional legal advice as necessary.
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