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6. Physical access to tribunals

Introduction

6.1  This chapter provides an overview of the duties which tribunals have under the DDA to make the premises they occupy physically accessible to disabled people. Whether or not disabled users of tribunals are able to gain physical access to tribunal premises is clearly a key piece in the "access to justice" jigsaw, and is an issue which raises complex questions for those involved with the management of tribunal premises. This guidance focuses mainly on access to tribunals in the wider sense, however, and this chapter does not attempt an exhaustive examination of every issue. Instead reference is made to other sources of information on some of the more technical aspects of physical access.

6.2  Tribunal staff may wish to have regard, in particular, to "Making access to goods and services easier for disabled customers: a practical guide for small businesses and other small service providers". The guide has been prepared by the Centre for Accessible Environments for the DRC and the Equality Commission for Northern Ireland.

Physical access and reasonable adjustments

6.3  The question of what constitutes less favourable treatment has been considered in Chapter 3 of this guidance, and Chapters 4 and 5 explored the duty to make reasonable adjustments. It has been noted that the law already requires that where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of a service provided by a tribunal, the tribunal is under a duty to take reasonable steps to provide a reasonable alternative method of making the service in question available to disabled people.

6.4  From 1 October 2004, however, duties in respect of overcoming a physical feature by:

• removing the feature; or
• altering it; or
• providing a reasonable means of avoiding it,

will also apply where that feature makes it impossible or unreasonably difficult for disabled people to make use of a service.

6.5  Although tribunals are not yet obliged to comply with these latter duties, it is clearly good practice (and is likely to make business sense) to take action to remove or alter a physical feature or to provide a reasonable means of avoiding it before 2004. Tribunals should plan ahead and apply for any necessary consents before 1 October 2004 so they are able to make any physical alterations (see paragraphs 6.15 6.19 below). Whenever tribunals are planning and executing building or refurbishment works, provision should be made for the removal or alteration of physical features which create a barrier to access for disabled people or for the provision of a reasonable means of avoiding the physical feature.

6.6  Physical features will include steps, stairways, kerbs, exterior surfaces and paving, parking areas, building entrances and exits (including emergency escape routes), internal and external doors, gates, toilet and washing facilities, public facilities (such as telephones, counters or service desks), lighting and ventilation, lifts and escalators, floor coverings, signs, furniture, and temporary or movable items (such as equipment and display racks). This is not an exhaustive list.

Adopting an "inclusive" approach

6.7  As with any service provider, it is in the interests of both tribunals and disabled people to overcome physical features that prevent or limit disabled people from using the services that are offered. Although the DDA does not place the different options for overcoming a physical feature in any form of hierarchy (and indeed tribunals may choose how to tackle a problematic physical feature provided that the correct outcome is achieved), it is recognised good practice for a service provider to consider first whether a physical feature which creates a barrier for disabled people can be removed or altered.

6.8  This is because removing or altering the barriers created by a physical feature is an "inclusive" approach to adjustments. It makes the services available to everyone in the same way. In contrast, an alternative method of service offers disabled people a different form of service than is provided for non-disabled people.

6.9  Removing or altering the barriers created by a physical feature will also be preferable to any alternative arrangements from the standpoint of the dignity of disabled people. In addition, it is likely to be in the long-term interests of the service provider, since it will avoid the ongoing costs of providing services by alternative means.

6.10  Therefore, it is recommended that tribunals should first consider whether any physical features which create a barrier for disabled people can be removed or altered. If that is not reasonable, a tribunal should then consider providing a reasonable means of avoiding the physical feature. If that is also not reasonable, a tribunal should then consider providing a reasonable alternative method of making the service available to disabled people. For example, tribunals should obviously consider whether physical changes should be made to hearing centres in order to make them accessible to people with mobility impairments. To the extent that it is not reasonably possible to make a hearing centre accessible, tribunals should consider whether there is another available venue which would be accessible to the disabled person in question.

The Special Educational Needs and Disability Tribunal has been trialing the use of other tribunals' permanent accommodation for their hearings rather than, as in the past, using hotel accommodation which was often unsuitable, not only in terms of its layout but also because of its inaccessibility.

How can tribunals identify possible adjustments?

6.11  Tribunals are more likely to be able to comply with their duty to make adjustments in relation to physical features if they arrange for an access audit of their premises to be conducted and draw up an access plan or strategy. For example, tribunal premises should be evaluated for their impact on users when they arrive Is the signposting adequate and clear? Is it obvious how assistance may be obtained, and where from? Attention to details of this kind can result in a far better experience for users who may already be feeling stressed and apprehensive about the hearing.

6.12  The Court Service, in conjunction with the Royal Association for Disability and Rehabilitation (RADAR), has produced a Checklist for Disability Access Audit with supporting notes. This document will assist staff responsible for the management of tribunals facilities to assess the physical accessibility of those premises, by reference to matters such as parking and approach to buildings; vertical and horizontal circulation within buildings; and facilities in rooms in which tribunal hearings take place.

6.13  In carrying out any such audit, however, it is recommended that tribunals seek the views of people with different disabilities, or those representing them, to assist in identifying barriers and developing effective solutions. Tribunals can also draw on the extensive experience of local and national disability groups or organisations of disabled people.

Premises occupied under leases

6.14  The complexities which arise in relation to multi-occupied premises have been mentioned in paragraph 2.22. Additional issues arise when premises are occupied under a lease, or other binding obligation, and the occupier is under a duty to make reasonable adjustments which involve the removal or alteration of physical features. In these circumstances the occupier may need to obtain the landlord's consent before making any such alterations. The DDA contains provisions about obtaining such consents, and these provisions are explained in Chapter 6 of the DRC Code of Practice.

Statutory consents and regulations

6.15  Whether or not tribunal premises are occupied under a lease, it might be necessary (depending upon the nature of the alteration in question) to obtain planning permission. It will also be necessary to comply with building regulations.

6.16  New buildings (and some extensions) constructed since 1985 in England and Wales will have been subject to Part M of the building regulations (access and facilities for disabled people), which requires that "reasonable provision shall be made for disabled people to gain access to and to use the building".

6.17  Guidance is issued to accompany the Building Regulations. For Part M of the Building Regulations in England and Wales this is the Approved Document M. This sets out a number of 'objectives' to be met, 'design considerations' and technical details of design solutions (called 'provisions'). These provisions suggest one way in which the requirements of the regulations might be met but there is no obligation to adopt any of them.

6.18  Similar provisions were introduced in Scotland in March 1985 when "Part T, facilities for disabled persons" was added to the Building Standards (Scotland) Regulations 1981.

More detailed consideration of the way in which the Building Regulations impact upon a service provider's duties under the DDA is also contained in Chapter 6 of the DRC Code of Practice.