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1. Introduction

Background

1.1  The Disability Discrimination Act 1995 ("the DDA") makes it unlawful to discriminate against disabled people in respect of a range of activities. The Act focuses particularly on discrimination in employment, and in the provision of goods, facilities, services and premises. Tribunals, as major employers and as providers of services, need to have regard to the rights of disabled people in both contexts, but the DDA has particular implications for the manner in which tribunals deliver their services to users of the tribunals system.

1.2  Irrespective of the legal duties they owe to disabled people, however, tribunals should aim to be exemplars of best practice in the delivery of services. The need for tribunals to be more responsive to the requirements of users was one of the main findings of Sir Andrew Leggatt's review of the tribunals system. Sir Andrew noted that tribunals exist for users, and not the other way round: "No matter how good tribunals may be, they do not fulfil their function unless they are accessible by the people who want to use them, and unless the users receive the help they need to prepare and present their cases".

1.3  In pursuance of its duty to keep under review the constitution and working of tribunals, the Council on Tribunals has already developed a Framework of Standards which, among other things, is intended to promote best practice in the tribunals system. In line with Sir Andrew Leggatt's recommendations, a key principle underlying these standards is that tribunals should be accessible to users, and should focus on their needs.

Purpose of this guidance

1.4  This guidance (which has been prepared in conjunction with the Disability Rights Commission ("the DRC")) aims to assist tribunals to put the above principles into practice by offering practical advice on the law and on the ways in which tribunals can facilitate the full participation of disabled people in the tribunal process.

1.5  The guidance is intended to supplement the Code of Practice on Rights of Access to Goods, Facilities, Services and Premises which was published by the DRC in February 2002 ("the DRC Code of Practice"). The DRC Code of Practice contains a more detailed explanation of the relevant provisions of the DDA, and considers their practical implications for a wide range of service providers. Tribunal staff should have regard to the DRC Code of Practice as it has special statutory status - the courts must take the provisions of the Code into account in determining relevant questions. Although this guidance does not have the same status as the Code, it is specifically designed to assist tribunal staff to understand how the DDA applies to tribunals. Barriers to access for tribunal users

1.6  Bringing and presenting a case before a tribunal is likely to be a daunting prospect for most people. However, the practical and procedural requirements of the process are likely to present additional barriers for disabled people. Some users will face physical barriers to access, such as a lack of convenient parking facilities; or hearing rooms, waiting rooms or toilets which are inaccessible to wheelchair users. Others may be disadvantaged by the unavailability of information in accessible formats, such as in Braille or on tape; or the lack of sign language interpreters or communication aids such as lip speakers. Some people suffer acute pain if they are required to sit for long periods of time, or may need regular breaks in order to attend to dietary or medical needs. Users with mental health issues or learning difficulties may have difficulty in understanding the process or following the progress of their case, or may find the tribunal process particularly stressful. While the nature and extent of barriers to access will therefore depend upon individual circumstances, tribunals will need to ensure as a minimum:

• the provision of good quality advice and information by staff who have been trained to recognise the needs of disabled people;
• the availability of written information in accessible formats and in language which can easily be understood;
• the availability of alternative means of communication with tribunal staff, such as minicom or textphone;
• sufficiently flexible hearing and administrative procedures which can be adapted to meet special needs (such as the need to ensure that a representative is kept fully informed of hearing dates and filing requirements etc., in cases where the appellant or applicant may have difficulty understanding such matters);
• accessible hearing venues (and proceedings) - for all disabled people, and not only for those who use wheelchairs; and
• appropriate training for members of tribunals, not just in matters relating to the tribunal's jurisdiction, but also in chairing and inter-personal skills, particularly with the needs of disabled people in mind.

1.7  It is also important to consider who is a tribunal "user". Clearly, tribunals provide services to the parties themselves (the applicant or appellant and any other party, including government department representatives). As will be explained in Chapter 2, it is the provision of services which triggers rights and duties under the DDA. However, tribunal users also include representatives of the parties generally, any witnesses and, where the hearing is one which is open to the public, members of the general public. Any of these may require reasonable adjustments in order to be able to use the tribunal's services without unreasonable difficulty.

Best practice and the tribunals system

1.8  Tribunals have a crucial part to play in affording access to justice to millions of people, from all sectors of society. As such, tribunals should be exemplars of best practice in all aspects of service provision, and particularly in the way in which they anticipate and respond to the needs of disabled people. The way in which individuals cope with disability can depend upon many factors, including their cultural background and religious beliefs. Tribunals need to treat people as individuals, and to be aware that there are few universal solutions to disability issues. It should be noted, therefore, that the purpose of this guidance is not simply to define the minimum standards of service which tribunals are required by law to provide to disabled people. The guidance explains what those minimum standards are, but it also encourages tribunals to do all they reasonably can to enable disabled people to participate fully, whether or not tribunals are legally obliged to do so.

1.9  Tribunals and tribunal staff must give proper consideration to requests for reasonable adjustments which they receive from disabled people or their representatives. It will, of course, be expected that tribunals and their staff will in any event treat people with sensitivity and in accordance with their particular needs, but this does not remove the duty to make specific adjustments where appropriate. If a particular adjustment is requested, the tribunal should either make that adjustment, or else it should explain why it does not consider the adjustment to be one which it would be reasonable to make.

1.10  The proper application of a "best practice" approach to the needs of disabled people will, of course, have a beneficial effect upon the quality of service delivery generally. Best practice needs to permeate every aspect of a tribunal's activities, but there are some general steps which can be taken to facilitate the process. In particular:

• tribunals should ensure that their staff receive appropriate training in matters of disability awareness and disability etiquette, that they understand (and are positive about) the tribunal's policy towards disabled people, and that they are familiar with the types of adjustments which it might be reasonable to provide;
• tribunals should also carry out regular accessibility audits to identify, first, the extent to which their premises are physically accessible and their environments inclusive to disabled people; and secondly, whether their services are delivered in accordance with the principles listed in paragraph 1.6 above; and
• it may often be appropriate for a tribunal to establish a user group including disabled people who come into contact with the tribunal, (whether as parties to a hearing or in other capacities), to advise on the way in which the tribunal meets the diverse needs of disabled people and to recommend ways to make further improvements. The use of evaluation forms may also be a means of collecting feedback on aspects of the tribunal process which users found difficult and on suggested improvements.

1.11  It has already been noted that barriers to access may be procedural in nature rather than physical. Procedural rules cover such matters as the manner of making an appeal or application; time limits for making an appeal or application and for bringing additional evidence; and the circumstances in which a tribunal's decision may be set aside. These rules might unintentionally create barriers for some disabled people. For example, time limits for making an appeal or application (which vary from tribunal to tribunal) may not provide enough time for some appellants or applicants with mental illnesses, learning difficulties or literacy problems to seek advice or representation, or for visually impaired appellants or applicants to obtain documents in an accessible format. Unless the rules contain "good cause" provisions for extending time limits, such appellants or applicants may find that they have lost their right of appeal or complaint forever.

1.12  Quite clearly, tribunal staff must apply the relevant procedural rules to the conduct of each case. However, the above illustrates the importance of ensuring sufficient flexibility is in-built when procedural rules are made. In addition, however, Practice Directions give guidance on how tribunals should interpret certain of these rules, particularly where the rules require the tribunal to exercise judgment or discretion. Practice Directions need to be framed and applied in ways which do not disadvantage disabled people so that, for example, a failure to give a prescribed notice (perhaps by a person with a learning disability whose representative has been taken ill) will not prevent the grant of an adjournment of the hearing.

How to use the guidance

1.13  The following chapters of this guidance seek to explain in more detail how tribunals might seek to adopt a best practice approach to the provision of services to disabled people, and sets this advice in context by outlining the rights and duties created by the Disability Discrimination Act. Chapter 2 gives an overview of Part III of the Act and illustrates its application to tribunals. Chapter 3 considers how instances of discrimination might arise, and Chapters 4 and 5 explain how making reasonable adjustments can help to avoid disadvantaging disabled people. Chapter 6 looks at issues concerning physical access to tribunals.

1.14  Appendix A gives more information on what is meant by disability and who are disabled people. Statutory guidance relating to the definition of disability has been issued under the DDA (see paragraph 2.7 below). Appendix B gives details of some other sources of useful information and sets out contact details for organisations which can offer further advice.

1.15  Examples of good practice and how the Act is likely to work in relation to tribunals are given in boxes. They are intended simply to illustrate the principles being discussed and should be read in that light. Some more general examples are included in the text as well.

Further information

1.16  Free information about the DDA can be obtained by contacting the DRC Helpline:

• Telephone:  08457 622 633
• Textphone:  08457 622 644
• Fax:  08457 778 878
• Email:  enquiry¶@¶drc-gb.org
• Post:  DRC Helpline, FREEPOST, MID 02164, Stratford upon Avon, CV37 9BR

This guidance (and the DRC Code of Practice) is available in alternative formats or via the internet at www.council-on-tribunals.gov.uk.