Guidance Notes

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Disability Discrimination Act 1995

How does it affect your church?

The provisions of the Disability Discrimination Act 1995 (DDA) have received considerable publicity recently and parishes need to be aware of their responsibilities under the Act and the timescales involved. This leaflet aims to give a brief overview of the main points of the Act as it affects the provision of ‘services’ (not just worship) by churches. It is intended that more detailed information for parishes will be available later this year.

The Act affects anyone who provides goods, facilities or services to members of the public, whether paid or free. Except where health and safety regulations would be breached, it will be against the law to refuse to serve a disabled person or to offer them a service which is inferior to that offered to others, or offered on different terms.

The introduction of the Act has established the principle of access to all buildings, including churches and church halls, as a civil right. The Church has always been aware of the presence of people with disabilities, but this has not been reflected in the way that many churches have been built to make powerful architectural statements. The challenge for those who are responsible for church buildings and their surroundings is to reshape those environments without losing the spirituality which gave rise to them initially.

By October 1999 organisations (including churches) must make reasonable changes to policies, procedures and practices, and also take reasonable steps to provide auxiliary aids to ensure equality of access to services for disabled people.

Auxiliary aids would include, for example, portable ramps for wheelchair access, induction loops for hearing aids, large print service sheets and books, clear signage, etc.. The Act does not at this time require a service provider to do anything that would involve a permanent alteration to the physical features or fabric of its premises. This will apply from 2004.

By 2004 organisations (including churches) will be required to take reasonable steps to make physical changes to buildings to ensure equality of access to services for disabled people.

What to do next

• Ensure that the PCC is aware of its obligations under the Disability Discrimination Act.

• Carry out an access audit of your church - you may wish to do this in conjunction with local disabled people and your inspecting architect.

• Identify the areas that need attention in the short term (i.e. where auxiliary aids can be used) and in the long term (i.e. involving physical changes to the fabric of the building).

• Discuss these matters with your inspecting architect as soon as possible so that the PCC can begin to consider how and when such work might be carried out (e.g. included in some regular maintenance programme).

• Parishes must take notice of the requirements of the Act and consider how they can meet its requirements.

• However, whilst the Church should be encouraged to make better provision for disabled people before the legal requirement to do so, care needs to be taken because regulations and a Code of Practice are to be introduced in the period up to 2004, which will define the extent of the legal requirements of the Act. There is also at present little clarity to the definition of ‘reasonable’.

• Any work done to the church building (including the installation of induction loops) cannot be carried out until a faculty is granted. Some work (e.g. ramps, toilets, etc.) will also be subject to secular controls (i.e. planning permission and/or building regulations).

Useful Information and Contacts

COUNCIL FOR THE CARE OF CHURCHES (CCC)

The CCC has published a comprehensive book dealing specifically with the problems of access to churches and the Disability Discrimination Act. The book includes an access audit report designed for use by churches.

Widening the Eye of the Needle - Access to Church Buildings for People with Disabilities (2nd Edition), by John Penton. (Church House Publishing, ISBN 0 7151 7589 0, £10.95)
www.chpublishing.co.uk

CENTRE FOR ACCESSIBLE ENVIRONMENTS (CAE)

The Centre offers information services and training in relation to disability and built environments, and offers an extensive range of publications.

Centre for Accessible Environments, Nutmeg House, 60 Gainsford Road, London SE1 2NY
(tel: 020-7357-8183, fax: 020-7357-8183)

ENGLISH HERITAGE (EH)

An EH publication, Easy Access to Historic Properties (1995), provides a statement on policy, and sets out guidance in relation to achieving access to historic buildings.

English Heritage, 23 Savile Row, London W1X 1AB (tel: 020-7973-3434)

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