Stephen Turner

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Stephen Turner
01225 811091 07980 624986 stephen_at_toucanaccess.co.
uk

Toucan Access
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Definitions of disability

• A physical impairment which limits their ability
  to walk or makes them dependent on a wheelchair
• or impaired sight or hearing
• 1991 Building regulations

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Definitions of disability

• A person has a disability if they have a physical
  or mental impairment which has a substantial and
  long term adverse effect on their ability to
  carry out normal day to day activities..
• drc guidance on definition of disability

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Examples..

• Mobility
• Manual dexterity
• Physical coordination
• Continence
• Ability to lift carry or move heavy objects
• Speech hearing or eyesight
• Memory or ability to concentrate or learn
• Perception of physical danger

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A list..

• Elderly people
• Those of excessively large or small stature
• Children
• Pregnant women
• Those in charge of small children
• Temporarily injured
• Sick or ill
• Emotionally distressed or unstable

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• There is no such thing as
• the disabled

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• Why weren't old buildings designed for access?
• The very brief history of wheelchairs

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Where were disabled people.?

• At home
• Marginalised
• Sick
• Dead

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English heritage..

• It is important in principle that disabled people
  should have dignified easy access to and within
  historic buildings
• Planning Policy Guidance 15, DCMS 1992. 3.28

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A rewriting of that thought

• It is important in practice that everybody should
  have dignified easy access to and within historic
  buildings
• In fact all buildings

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The national trust

• Visitors with disabilities The National Trust
  welcomes all visitors to its properties. This
  publication contains details about access to
  those properties which may be particularly
  enjoyed by disabled visitors. If a property is
  not included in this booklet it is because the
  facilities are insufficient to make a rewarding
  visit for a disabled person.2
• 1 2 Information for visitors with
  disabilities 2003. The National Trust.

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Two things

• Language and terminology
• Hierarchy
• Wheelchair users and mobility impaired
• Visual impairments
• Hearing impairments
• Learning disability
• End of philosophy

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The legislation

• The DDA 1995 largely omitted education
• SENDA Special Educational Needs and Disability
  Act 2001
• Amended the DDA to place duties on FE and HE
  institutions not to discriminate against disabled
  people

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Implementation of the Acts

• Legal duty on the responsible body to ensure
  that discrimination does not take place
• Responsible body is legally liable for actions of
  employees
• Duty not to discriminate in admissions,
  selection, services to students or COURSES OF
  EDUCATION

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Responsible body also may have duties under

• Part two of the DDA relating to employment
• Part three of the DDA as a service provider
• The definition of services to students under
  both Part 3 and Part 4 is very wide
• It is reasonable to assume it includes everything

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When..

• It has been unlawful to discriminate against
  students because of their disability since
  September 2002
• From September 2003 there has been a duty to
  provide auxiliary aids and services
• Duty to make reasonable adjustments to physical
  features where these put a disabled person at a
  substantial disadvantage from 1st September 2005

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Important distinction.

• There are individual needs ie of a particular
  student or member of staff
• And there is a general duty to the public or
  student body to anticipate reasonable demands
• In many ways the former is easier to meet, and
  fund, than the latter

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Similarly, in the library context

• There are two things to think about-
• Physical access to the building and the services
  located in the building
• Intellectual access to the information held in
  the library

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Claud..

• Awareness and training
• Assistive technology
• Intellectual access
• Today we are concentrating on
• Physical access to facilities

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Why steps.

• Classical legacy
• Georgian and Victorian building methods
• Space constraints
• Climate

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physical barriers are those-

• arising from the design or construction of the
  building or the approach or access to the
  premises1
• 1 DDA, Section lll., 21

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Duties

• Where a physical feature makes it impossible or
  unreasonably difficult for a person with a
  disability to access a service-
• Remove the feature
• Alter it so it no longer has that effect
• Provide a reasonable means of avoiding the
  feature
• Provide a reasonable alternative method of
  delivering the service

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Access audits

• The needs of the users of the building
• The will of the owner or operator of the
  building to improve accessibility
• Physical constraints of the site or building
• Economic factors
• In historic buildings the need to understand the
  significance of the building

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The access audit

• The approach
• One access for all
• Circulation in the building
• Signs and lighting
• Toilets
• Management and training
• Means of escape

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Definitions.reasonable adjustment

• reasonable in all the circumstances of the case
• Part M requires reasonable provision to make
  buildings accessible..compliance with Part M can
  be used to establish reasonable adjustment
  under the DDA

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Factors relevant to reasonable adjustment

• Type of service provided
• The nature of the institution and resources
  available
• Effect of the barrier on individual person

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Exemptions and other factors

• Need to maintain academic and other prescribed
  standards
• Finance
• Grants or loans available to individual students
  with disabilities
• Whether it is practicable
• What has already been spent
• Health and safety
• Impact on others if relevant

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Conflict and contracts

• A good (or sometimes a bad) idea
• Find some money to pay for.
• A plan
• Find out how much it costs
• Consult and agree the details
• Make amendments
• Find out how much etc etc etc

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And then somebody always spoils things.

• ere, why is there only one staircase?
• Remember we are all different
• Nobody is perfect
• We have a range of competencies
• Dont assume they know better
• Ask questions