Taking responsibility

With the Disability Discrimination Act set to come into force over the coming year, Anne McGuire looks at how it may affect your firm

This month we take the latest steps in our progress toward equality for all as provisions of the Disability Discrimination Act 2005 (DDA) begin progressively coming into effect. As always, the legal profession will be expected to take a lead, not just through its fundamental relationship with any new legislation, but through individuals' roles as service providers and employers.


The DDA extended to people with HIV, multiple sclerosis and all types of cancers from 5 December. From December 2006, public authorities' functions will come within the scope of the DDA and new duties will apply to landlords, private clubs of 25 or more members, and transport providers.


The government and the public sector must also take a lead if equality is to be achieved, and from December 2006, every public sector body in Britain will have a duty to promote equality of opportunity for disabled people.


As we look forward to this new legislation, it is also appropriate to reflect on how well we have adjusted to existing DDA requirements to be accessible. How has the legal sector responded to the responsibility to make reasonable changes?


Since its introduction, a few misconceptions have been allowed to develop around the DDA, even among those running law firms. Some, particularly small businesses, have become concerned about potential costs and difficulties as a result.


Mention the word 'disabled', for example, and for some people it simply conjures up an image of a wheelchair user or someone with a white cane. In reality, people can be affected by a wide range of disabilities. Some have more than one impairment, and some have impairments that cannot be seen, including learning disabilities, mental health conditions or some long-term conditions such as diabetes or cancer.


And being accessible does not only mean that everyone must be able to access every part of your building, it means they need to be able to access your services. While this might seem like a subtle difference to some, I am sure those in the legal sector, where many provide services rather than goods, will appreciate its relevance.


Under the DDA, if you provide goods or services to the public, you need to make reasonable changes to ensure you do not discriminate against disabled people. And if you are an employer, then you are required to think about the needs of disabled people who already work for you or want to do so.


Could your firm offer home visits or some services on-line for a client who has difficulty reaching your office? Can a ground-floor room be made available for meetings and can furniture be arranged to comfortably accommodate someone in a wheelchair?


Making information available in different formats such as larger print or Braille could be a cost-effective way of meeting the needs of blind or partially-sighted people.


If you have disabled staff, would flexible working hours enable them to manage their condition and do the job, or could changes to the layout of their work area enable them to work more efficiently?


I urge all within the legal sector to think about their responsibilities under the provisions of the DDA, and ensure your business takes a lead in benefiting from accessibility to disabled clients and staff.