08. Discrimination when buying and using goods and services

It is against the law for organisations to discriminate against you as a person with a disability in the 'goods, facilities and services' they provide. This means refusing a service to you, or deliberately not providing it on the same terms and of the same quality. It covers things that are free, as well as those you pay for. It covers many businesses and services, including:

  • shops (including those that use mail order or internet shopping services);
  • public places, such as hotels, restaurants, bars, nightclubs and leisure centres;
  • bank accounts, loans, credit cards and insurance;
  • government departments, courts, doctors and law firms; and
  • services offered by local councils, such as parks.

In a few cases, an organisation would not be breaking the law where it is impossible to give people with disabilities exactly the same service as other people. If, for example:

  • the safety of people would be put at risk;
  • the service for other people would be seriously disrupted;
  • there is a different way into a building for people with mobility problems, such as a side entrance.

In the case of services for people without disabilities, the 'disruption' must be serious for the discrimination to be allowed. For example, if you have some difficulty eating because of a disability, it would probably be unlawful for a restaurant to ask you to sit at a cramped, out-of-the-way table when other tables are not taken. But if someone cannot help talking loudly during a film because of a learning disability, a cinema might be allowed not to let them in if they would seriously affect other people's enjoyment.

The Disability Discrimination Act also says that service providers must take reasonable positive steps to improve access for people with disabilities. This could mean:

  • changing the way a service is provided (for example, a theatre might provide a sign-language interpreter at some performances for people with impaired hearing); or
  • making changes to make it easier to get into and out of a building (for example, widening doorways or building ramps for wheelchair users).

Although many organisations are already making changes to their premises to improve access, they don't have to by law until 2004.

You can get a copy of the Government's code of practice, which gives many more examples of lawful and unlawful discrimination in providing services (see 'Further help'). It also gives examples of positive changes it would be reasonable for service providers to make.

The Disability Discrimination Act doesn't include transport journeys (on a bus or plane, for example). But there are government regulations meant to make using trains, taxis and buses easier for people with mobility problems.



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