Disability
12 Degrees recognises the need to provide access to its services to members of the public, both individuals and groups, without discrimination. This Disability Policy uses the Equality Act 2010 and the Disability Discrimination Act (DDA) 1995 under UK law as its bases of reference.
Definition
The DDA defines who is protected under the term disability. Only those people who are, or have been, disabled under these terms are covered by the Act. According to the Act you are disabled if you have:
‘a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities’
There have been two revisions to this definition of disability under the Act. In 2005, the DDA was amended to remove the requirement for a mental illness to be clinically well-recognised and from 2006, any person who has cancer, HIV infection or multiple sclerosis (MS) and any person who is certified as blind or partially sighted by a consultant ophthalmologist, or is registered as such with a local authority is automatically perceived as disabled.
There has also been increased clarity about what is not regarded as impairments for the purposes of the Act. The following are now specifically excluded:
- addiction to, or dependency on, alcohol, nicotine, or any other substance (other than in consequence of the substance being medically prescribed);
- the condition known as seasonal allergic rhinitis (e.g. hayfever), except where it aggravates the effect of another condition;
- tendency to set fires;
- tendency to steal;
- tendency to physical or sexual abuse of other persons;
- exhibitionism;
- voyeurism;
- disfigurements which consist of a tattoo (which has not been removed), non-medical body piercing, or something attached through such piercing.
The revisions have also extended the provisions of much of the act to people who have had a disability in the past.
Service Provision
Any one offering any goods or any services to the general public, or groups drawn from the general public and covers obvious things such as access to an auditorium as well as less obvious things such as access at conferences and publicity events. It is unlawful to make it impossible or unreasonably difficult for a disabled person to make use of the service or to have access to any specific goods (including publicity material).
Apart from the legal exclusions listed below, 12 Degrees aims to ensure the following:
- to provide an equal level provision of service to members of the public irrespective of ability or disability, as defined by the DDA, above;
- to provide services to disabled persons on equal terms to those offered to other members of the public;
- to make reasonable adjustments in order to allow persons with a disability to access services offered by 12 Degrees.
Legitimate Exclusions
12 Degrees reserves the right not to offer services to disabled persons under the following circumstances:
- where the adjustments necessary would have a negative or detrimental impact on other members of the public;
- where the adjustments necessary would prevent others from using the service;
- where the discrimination is necessary in order not to endanger the health and safety of any person;
- all boats and shipping are exempt from disability legislation.
Reasonable Adjustments
In accordance with current UK legislation, 12 Degrees will undertake reasonable adjustments to ensure that disabled persons may access all services provided by them. This does not include the exclusions listed above.
The duty to make reasonable adjustments is a duty to disabled people generally, not just to particular individuals. This means that 12 Degrees will anticipate what sort of adjustments may be necessary for disabled people in the future and, where appropriate, make adjustments in advance. 12 Degrees will endeavor to find out whether a person has disability-related needs. However, if 12 Degrees has made reasonable attempts to find out but clients have chosen not to disclose their disability or need, 12 Degrees will not be liable for any failure to make specific individual adjustments.
