Countdown to the Physical Rights of Access and Education

1. Countdown to the Physical Rights of Access and Education Presented by Paul Brown Director, Scottish Disability Team p.d.brown@dundee.ac.uk www.sdt.ac.uk and Tom Lister Associates People Friendly Design tom.lister@peoplefriendly.co.uk www.peoplefriendly.co.uk

2. Countdown to the Physical Rights of Access and Education Aims • To assist participants to devise a framework within which to prioritise activities and implement actions in the lead-up to September 2005. • To provide participants with a brief recap on the DDA Part IV, and to more fully discuss the Building Regulations, BSE8 300 and good practice in relation to these. • To provide participants with resources to utilise in their planning and activities during the coming year.

3. Disability Discrimination Act (DDA) Part IV • Institutions have a duty not to discriminate against a disabled person for a reason related to his/her disability and without justification • Discrimination can occur through - Less favourable treatment - Failure to make reasonable adjustment • Anticipatory reasonable adjustments

4. Disability Discrimination Act (DDA) Part IV What activities and facilities does the Act apply to? The Act covers all aspects of the physical environment, including, for example: • Access to buildings, such as level or ramped entry • Emergency evacuation arrangements, such as flashing light fire alarms or vibrating pagers for deaf people, fire refuges or alternative escapes routes for people with mobility impairments • The accessibility of external paths and landscaping

5. Disability Discrimination Act (DDA) Part IV What activities and facilities does the Act apply to? cont’d • Circulation within buildings, including their interior layout • Effective lighting and signage and colour or tone contrast on doors etc to aid orientation • Acoustics appropriate for hearing aid users and (working) loop systems in lecture theatres or reception desks • Desk, laboratory benches, work surfaces and reception desks at varying or flexible heights

6. Disability Discrimination Act (DDA) Part IV What activities and facilities does the Act apply to? cont’d • Appropriate seating • Access to services, such as catering facilities, or payphones in a corridor • Accessible toilets • Convenient and reserved parking spaces for those who need them

7. Disability Discrimination Act (DDA) Part IV What is a reasonable adjustment? • Any action that helps to alleviate a ‘substantial disadvantage’. It might include: • Changing standard procedures • Adapting the curriculum, electronic or other materials • Providing additional services (sign language, interpreters or materials in Braille) • Training staff to work with disabled people and to provide appropriate adjustments • Altering the physical environment

8. Disability Discrimination Act (DDA) Part IV Reasonable adjustments need to be: • Agreed • Communicated • Resourced • Developed and reviewed • Anticipated • Publicised • Defended!!!

9. Programme • Legislation • Good Practice • Planning to Improve Access • Case study

10. DDA Part III From October 1999 Duty to make reasonable adjustments • auxiliary aid or service • change policy procedure or practice • alternative provision

11. From October 2004 Duty to: • remove the feature • alter it so it no longer presents a barrier • provide a reasonable means of avoiding the physical feature • provide a reasonable alternative provision.

12. DDA Part IV • 2002 - Main section of the legislation • 2003 - Auxiliary aids and services • September 2005 - Physical features

13. Reasonable? • Finance • Time-scale • Legislation • Listed status

14. Landlord’s Duties Currently • Cannot discriminate unreasonably on the grounds of a persons disability. • No requirement to make physical changes

15. Draft Disability Discrimination Bill This Bill will extend a Landlord’s obligations under the DDA to include a duty to make reasonable adjustments to policies, practices and procedures and provide auxiliary aids and services, where reasonable, to enable a disabled person to rent a property and facilitate a disabled tenant’s enjoyment of the premises. But no obligation to make physical changes.

16. Building Regulations 10 year DDA exemption if a feature is compliant with the Regulations (England & Wales)

17. Building Standards (Scotland) Regulations Access and Facilities for disabled people: • Approach, car parking and entrance • Access and circulation within buildings • Use of buildings • Toilet facilities • Spectator seating • Access to dwellings

18. Regulations v Good Practice Regulations omit many essential guidelines: • pedestrian environment • external approach features, street furniture • signage • features - colour and contrast, lighting, acoustic quality • auxiliary aids, e.g. communication • physical bias rather than sensory

19. Disability

20. Ironmongery; vision panels; manifestations; closers; holdbacks; automatic openers; mats; power assisted openers; security; locks; keypads; access controls; heights and colour contrast; windows; handles. Glare; blinds; curtains; soft furnishings; clocks. Information systems; switches; sockets; fixing heights; reaching distances; lecterns and controls; adjustments; screens; location visibility; sound assistive systems;

21. Spaces for signers; lip speakers; video displays; notice boards; lighting; reflection; shadows; emergency lighting. Daylight; heating; ventilation; air conditioning; temperature control; background noise; vibration; décor materials and flooring; textures; colour contrast and acoustic properties; furniture design; handles; seat design

22. Emergency alarms (visual and audible); video and text phones; public phones; storage; archives; filing; shop layout; price display; restaurant; food/menu display; vending machines; toilets and showers; water temperature, alarm location; flush handles; paper towel; sanitary vending/disposal; room numbering; visitors book; complaints; comments

23. Art; labelling; tactile displays; plants/landscaping; textures/tactile warnings; bollards; exterior lighting; crossings; bus stops; transport systems; route display; assistance dog provision; loan wheelchairs (powered) – charging points; signage; Braille; refuge signs; exit routes; emergency egress; security searches; metal detectors. Guided tours; building information in accessible formats; management and maintenance.

24. All links important information/motivation transport car parking pedestrian environment route to building premises people - staff

25. Definition of a Physical Feature • Building Regulations taken as the benchmark of accessibility • However, aspects out with the scope of the Regulations open to interpretation e.g. signage • Public spaces do not fit into the Building Regulation definition. • Follow Good Practice to “Comply”

26. Good Practice

27. BS 8300: 2001 Code of practice for the design of the approach to buildings and the convenience their use by people with disabilities

28. Research

31. Location of parking bay • Identification of parking bays • Size of bays • Amount of parking provision • Security and management

34. Pedestrian Navigation • Smooth surfaces • Define the route

35. Drainage Gratings

36. Navigation - level changes Corduroy tactile warning surface - refer to DETR’s ‘Guidance on the use of TactilePaving Surfaces’.

40. Entrances • In prominent location • Identifiable • Less effort - more ease of use

41. Highlight Glass

44. Receptions • Treatment of glazing • lighting • reflections

46. Vertical Circulation - Stairs • Where do the steps start and end? • Contrasting nosings and risers

48. Colour and Contrast • Colour needs to be used in conjunction with lighting • Colour can help define facilities