Search the website

The Disability Discrimination Act: physical adjustments to GP premises

June 2003

1. Introduction
On 1 October 2004, Part III of the Disability Discrimination Act will come fully into force. This section of the Act requires providers of goods, facilities and services, which includes GP practices, to make physical adjustments to their premises to enable disabled people to use their services. This applies not only to patients using the premises, but also to staff employed by practices which employ 15 staff or more, whether full or part time. The exemption of employers with under 15 staff will be removed in October 2004. Employment issues are handled briefly in this guidance, but will be addressed in more detail in separate future guidance. This main purpose of this note is to give a general introduction to what the physical adjustments to surgery premises might be and how to approach the problem.

Unfortunately, neither the GPC nor other organisations can give GPs definitive guidance on what adjustments will protect them against any discrimination claims under the act. The general principle is that a service provider has a duty to take reasonable steps to change either the practice or procedure or physical characteristic of a building that makes it difficult for a disabled person to use the service. However, it will be for the courts to decide whether or not a service provider has taken reasonable steps to remove or adjust the feature that has given rise to a claim. The concept of reasonableness will therefore be open to interpretation on the basis of the circumstances of the case. The authoritative document to guide the courts will be the Disability Discrimination Act - New Code of Practice (see appendix 2 - further reading).

Practices are strongly advised to start planning and making their adjustments ahead of the 1 October 2004 deadline. The adjustments that need to be made will often be simple ones, such as the installation of a handrail or the removal of an obstruction. Often it will be possible to avoid making an adjustment by finding an alternative way of providing the service or re-locating the point of service.

Other possible adjustments will be more expensive and complex, such as the installation of an induction loop at the reception desk or a stair lift. However, you are encouraged to think creatively about how to avoid the need for expensive changes, particularly if there is at first sight no funding available from the PCO or HA. Relocating a service to an accessible ground floor level, for example, would obviate the need for a stair lift. Ensuring a reception area is quiet and well lit enough to allow lip reading may be an acceptable substitute for an induction loop. It all comes down to the concept of reasonableness, and it is likely that the courts would take prohibitive costs into account when deciding if the steps you have taken are reasonable.

Practices are also encouraged to involve PCOs at an early stage. There is more information about this in the following sections.

It would be advisable to record any discussions and decisions taken at practice meetings about complying with the DDA. This would provide evidence that the practice has taken its obligations under the Act seriously and considered how best to implement the necessary changes.