NHSScotland and the Disability
Discrimination Act 1995
DDA Section 21: Access to Goods and Services
All NHSScotland Bodies, as service providers, are required
to comply with all aspects of the Disability Discrimination
Act 1995 (DDA), in particular Section 21: Access to Goods
and Services.
Click
here for a legal definition of a "service provider"
within the context of the Act.
NHS
MEL(1998)80, issued to NHSScotland in December 1998,
gave advice about Section 21 of the DDA and the preparation
of good practice guidance to support its implementation. An
Annex to the letter also gave details of the requirements
under Section 21 and the implementation programme.
NHS
HDL(2002)80, issued to NHSScotland on 1 November 2002,
provides a summary of the progress on the implementation of
Section 21 of the DDA, based upon information provided during
a Service-wide survey undertaken in March 2002.
NHS
HDL(2003)31, issued on 8 July 2003, provides an overview
of information supplied by Trusts and other Holding Bodies
on progress in undertaking access audits of premises in the
context of Section 21 of the DDA. The overview is based on
information provided as at 14 February 2003 but it is expected
that many NHSScotland Health Bodies may by now be close to
completing this work.
Useful information and guidance on physical adjustments can
be found under services and transport on the Disability Rights Commission website.
NHS
HDL(2003)64, issued on 17 December 2003, provides
details of an allocation of £1.5 million made available
by the Scottish Executive Health Department to promote good
practice by Primary Care contractors in the promotion and
fulfillment of the requirements of the Disability Discrimination
Act 1995.
NHS HDL(2006)6, issued on 7 February 2006, provides an overview of the information supplied by NHSScotland Bodies on their progress in undertaking access audits of premises and estimated costings of reasonable steps needed to ensure access to services for all patients in the context of Section 21 of the DDA.
Tools and Links:
Achieving fair access: positive action, real change - good practice guidance
Good practice guidance has been developed by the Fair For All-Disability team to support all staff within NHS Scotland to understand and meet their responsibilities under Part 3 of the Disability Discrimination Act (DDA) 1995 (access to goods, services, facilities and premises).
This guidance is about improving access and removing the barriers which disabled people experience when they use NHS services. The guidance is aimed at all NHS staff and policy makers within the Scottish Executive. It offers both strategic and practical guidance to tackling the barriers disabled people face in accessing health services.
Dr Kevin Woods, Chief Executive NHSScotland issued a letter to Chief Executives of NHS Boards about his commitment towards the guidance and to enlist boards’ support in improving the quality of services for disabled people.
Health Facilities Scotland has
produced an Access Audit Checklist and an Access Audit Toolkit
for use by NHSScotland in assessing healthcare premises. Health Facilities Scotland has also produced guidance on Fully Accessible Toilets. Further
details can be found on the Health Facilities Scotland
website. (Note: direct access to these documents is restricted
to the Members area of the HFS site, or to those connecting
via NHSNet. Other users should contact HFS directly
on 0141 332 3455 or by email.)
The GP
Premises Directions contains guidelines for NHS Bodies
on setting appropriate local budgets in order to prioritise
programmes for compliance of GP premises within the overall
local service strategy through improvement grants.
NHS
Circular PCA(P)(2003)4, issued on 21 March 2003, gives
details of a programme of special funding for 2003-4 only
for a scheme to develop community pharmacy contractor premises
by improving patient access and security and also provides
guidance for local community pharmacy premises initiatives.
The Disability Rights Commission has extensive guidance available at its website.
The General Practitioners Committee recently issued guidance
to its members providing advice
on physical adjustments to GP premises which General
Practitioners and Health Board/Primary Care Trusts may wish
to take into account when addressing DDA compliance issues.( Please note that the guidance contains references
to the English Access Audit Checklist. Users in Scotland should
refer to the NHSScotland Property and Environment Forum's
Access Audit tools and guidance detailed above.)
JMU
Access Partnership is a not-for-profit pan disability
access consultancy supported by the Royal National Institute
for the Blind, specialising in biuldings, transport and the
street environment.
The
Centre for Accessible Environments (CAE) is an information
provider and a forum for collaborative dialogue between providers
and users on how the built environment can best be made, or
modified, to achieve inclusion by design.
Please
note that the Scottish Executive Health Department is not
responsible for external sites and cannot guarantee the accuracy
or currency of any of the material you may find there. The
existence of an external link is not an endorsement by the
Scottish Executive Health Department of any external company,
its services or products.