abcdefghijklm Health Department Health Planning and Quality Division St Andrew's House Directorate of Service Policy and Planning Regent Road EDINBURGH EH1 3DG Dear Colleague THE DISABILITY DISCRIMINATION ACT (1995) IMPLEMENTATION OF SECTION 21 Summary 1. Annex A to this letter provides a summary of the progress reported to date by NHSScotland on the implementation of Section 21 of the DDA and reinforces the advice previously given by the Health Department in MEL(1998)80 and MEL(1999)67. 2. The Annex also provides details at paragraph 9 of an Access Audit Survey Toolkit document produced by the NHSScotland Property and Environment Forum to further assist healthcare bodies that have not fully engaged in the audit process. Action 3. Addressees should ensure that this notice is brought to the attention of all appropriate staff within their area of responsibility. 4. Primary Care Trust Chief Executives should ensure that a copy of this letter and Annex is made available to all independent contractors (medical, dental, pharmaceutical and ophthalmic) and to the relevant professional advisory committees. This is to provide context for approaches from the Trust or their agents seeking to complete premises audits. 1 November 2002 Addressees For action Chief Executives, NHS Boards Chief Executives, NHS Trusts Chief Executive, Scottish Ambulance Services Board General Manager, Common Services Agency General Manager, State Hospitals Board for Scotland Director, National Waiting Times Centre Body Chief Executive, NHS Education for Scotland For information Property and Environment Forum Local Health Councils General Manager, Health Education Board for Scotland General enquiries to: Mrs S Falconer Health Planning and Quality Division St Andrew's House Edinburgh EH1 3DG Tel: 0131-244 2434 Fax: 0131-244 2989 Enquiries about Property/Estates matters: Mr Ian Grieve Property and Capital Planning Division At the above address Tel: 0131 244 2777 Fax: 0131 244 2323 Enquiries about the Access Audit Survey Toolkit contact: Mr Peter Haggarty NHSScotland Property and Environment Forum 4 th Floor St Andrew House 141 West Nile Street GLASGOW G1 2RN Tel: 0141 332 3455 Fax: 0141 332 0703 e-mail:enquiries@pefex.scot.nhs.uk
5. The Department s Property and Capital Planning Division recommend that addressees ensure that Access Audits of all premises in which NHS staff are located or from which NHS patients are treated are completed by the end of January 2003. Yours sincerely GODFREY ROBSON Director of Service Policy and Planning
ANNEX A IMPLEMENTING SECTION 21 OF THE DISABILITY DISCRIMINATION ACT (1995) 1. Section 21 of the DDA requires that people with disabilities are given reasonable access to goods and services and this includes reasonable access to all NHS services. Section 21, Part III, of the DDA states: Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect. 2. A provider of services is defined in Section 19(2)(b) of the 1995 Act as a person who is concerned with the provision in the United Kingdom, of services to the public or to a section of the public. 3. NHS MEL(1999)67 recommended that addressees draw up a programme for implementation to ensure compliance within the timescale given for implementation of Section 21 and pointed out that all health services, including NHS Trusts and primary care practitioners, are covered by the provisions of the DDA. Addressees were advised to seek their own legal advice on the implications of the DDA for them as service providers and employers. 4. In Our National Health, A Plan for Action a Plan for Change the Scottish Executive is committed to ensuring NHSScotland complies with the DDA. As part of a monitoring process addressees (except the National Waiting Times Centre) were surveyed earlier this year to ascertain what progress had been made. Survey results 5. Of the 46 questionnaires issued 41 (89%) have been returned. Reported achievements (shown as a % of those returned) were as follows: Achievements % Implementation plans have been publicised - 51 Consultation/disability advisory groups have been established - 71 Disability advisers are in place (in some areas the Adviser has assumed a joint role covering all Trusts and the NHS Board in their area) - 90 Staff training programme has been developed - 76 Access audit surveys completed or will have been completed by the end of 2002-59 Information for the public has been reviewed or is being reviewed - 88 Auxiliary aids are available - 90
6. Of the 41 responses received, 10 (24%) have indicated that they have not encountered any problems nor do they anticipate any problems in complying with Section 21 of the DDA within the timescales given in Annex A to NHS MEL (1998)80. The survey identified specific problems being encountered by the remaining 76% of addressees, including the need to secure appropriate funding to finance the adjustments required as a result of the access audits. The layout and size of premises, adaptation to older buildings, planning permission and gaining access to carry out the work required were listed on some returns. Finding resources to enable the release of staff for training and for providing staff cover during the training sessions was also cited as a problem by some. Final agreement of service reconfiguration was shown as a problem in one area with another indicating that a large area of a hospital was due for rebuild in 2005. The latter might create a conflict of interest in that reasonable adjustments may be required to ensure access to services in the existing building. Sharing Good Practice and Solutions - Seminar 7. To facilitate the sharing of good practice and solutions across NHSScotland the Scottish Executive Health Department intends to arrange a seminar in February or March 2003. A separate letter will be issued shortly inviting representatives to attend and participate. Access Audit Survey Toolkit 8. The survey identifies that 40% of those who responded to the survey do not anticipate completing the access audits by the end of 2002. Healthcare bodies should allow sufficient time to undertake the planning and completion of work required to enable buildings to comply by 2004. Financial planning for capital works to be undertaken during 2003/2004 will need to take account of any adaptations which may be required. That process must start now if providers of services are to remove, alter or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for people with disabilities to use a service. 9. An Access Audit Survey Toolkit document, a new publication developed by the NHSScotland Property and Environment Forum, can be accessed on the Forum s website at www.show.scot.nhs.uk/pef/. The Toolkit is intended to assist healthcare bodies that have not fully engaged in the audit process to undertake fast track initial reviews followed by a detailed survey. It can be applied across a wide range of premises from primary care premises to major hospitals. The Toolkit is in addition to the Forum s previous publications: Scottish Health Facilities Note 20: Access Audits for primary healthcare facilities, first published in June 1999 and revised in September 2000; Access Audit Checklist: Access for disabled people in healthcare premises, Version No.1 published in February 2000. A revised Version 1.1 is due out soon. This comprehensive Checklist takes full account of the Building Standards (Scotland) Regulations and may be used as part of the design process for new hospitals and major refurbishment of existing healthcare premises.
10. The Executive s Property and Capital Planning Division recommend that addressees set a target date of end January 2003 for completion of the access audits to identify what is required and allow time for the work to be undertaken. Progress on the completion of the access audits should be reported to Ian Grieve in the Property and Capital Planning Division, St Andrews House, Edinburgh. 10.1 A further progress report on progress should be provided by 29 November 2002 showing progress apportioned as follows: Acute Premises Primary Care premises owned or leased by NHS Trusts Property owned/leased by General Practitioners Property owned/leased by General Dental Practitioners Property owned/leased by Community Pharmacists Property owned/leased by Ophthalmic Opticians Property owned/leased by other practitioners where NHS patients are treated 10.2 Final reports on progress will be required by 14 February 2003.