Practically clubs need to consider the needs of disabled users. Current provisions relate to how services are provided, and clubs should now 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 contact sports it may not always be possible to involve people with certain disabilities because of health and safety concerns. However situations should be considered on a case by case basis, and a proper risk assessment carried out.
Practical guidance and advice
The contents of these pages are intended as a basic guide, and do not negate the need for professional legal advice as necessary