Disability Access and Compliance with Regulations.

Every now and again I’ll be asked to carry out an access audit, or in day to day use I will find issues with access that are so glaring that I feel obliged to let building owners know. Even brand new buildings can fall foul of access issues. 

The majority of times I’ll get a response back saying that there building meets the current disability discrimination regulations. And here’s the crux, they may do so, but that doesn’t mean it’s accessible. What the standards say and reality is usually miles apart.

What most people mean when they say that a building is accessible and meets the current DDA regulations, is that they meet something called Building M Regulations. These are very specific regulations and deal with accessibility for disabled people in public areas. However it is my view that they are outdated and do not meet the actual requirements of most disabled people.

You think the law would be better? But all the law states, ( it’s not the Disability Discrimination Act, but now comes under the Equality Act) is that reasonable adjustments have to be made (section 20) where if its a physical feature , then reasonable steps have to be taken to get you round the issues. That’s it! In order for this to happen designers and builders will use the Building M Regulations and the associated British Standards. Which give specific “guidance” on access for disabled people, and includes amongst other things toilets, doorways, ramps and even colour contrast options and sizing for signage. The argument put forward is that if it meets the standards then the building owner has done what’s “reasonable".

The problem here is the definition of “reasonable”. What is reasonable for Joe the local butcher is miles apart from what is reasonable for a muti chained supermarket. You can’t expect Joe to have to the same as a large chain of known supermarkets. So in essence the bigger you are the more is expected of you. However that doesn’t mean Joe doesn’t have to do anything, he still has to make reasonable adjustments. So where as the store may have wide flat entrances, if Joe’s in the high street, and has say a step in to his shop, the least he could probably be doing is put an access bell outside his shop which customers can ring to ask for his assistance.

All good so far, so where are the problems and why do issues occur. Firstly it’s just guidance no one “has to” adhere to it and now with open markets your local authority no longer has to sign it off as ok under normal building rules the owners/builders can pay to have it signed off independently and still with no one really enforcing it, or caring then even these days new buildings can fall foul of access requirements.

Here’s an example, I love swimming, and would love to continue, to do so. However fully accessible swimming pools are very rare. I’m non ambulant and require virtually “changing place” type facilities (check out changing http://www.changing-places.org/).  These are the crème de la crème, of facilities they even have showers and Closimat toilets (wash and dry). They are slowly getting wider acceptance but still have a long way to go. Ideally id like a long ramped entrance to a pool, one that can accommodate a manual wheelchair. Or a hoisting system which will transfer me from the changing room straight in to the pool. I’ve seen very few of these in existence (please let me know if you know different).  This would be ideal. However I would expect at least a basic hoisting mechanism by the side of the pool as a minimum. I.e. as what I consider to be reasonable.

I saw advertised almost six months before it opened a new gym (national chain) coming to town. I wrote to the owners, advising them of the potential of the purple pound. (The amount of money available from the disabled community and how being accessible to this market can potentially increase revenue by 19%). I even offered to come in and advise them free of charge and help promote there gym. I heard nothing back.

Jump ahead 8 months and the gym opens with little access provisions. I contact the local City Council and query why the new gym been approved without appropriate disabled facilities - as local authorities have a duty to comply with the Equality Act, this means that there building control officers and planning officers should query things if they aren’t accessible. I was told, that they didn’t approve it, it was done privately. I then checked online all as new business properties approved by the Council are displayed on the Council website, only to find the council planning officers had approved the plans! When local authorities who are under a duty won’t comply with their equality duties, what chance do we have off ever ensuring the private companies will!

Okay let’s move on to another major gripe of mine. Basic human needs ie going to the loo, and disabled toilets. I read a blog from a disabled colleague recently about having condom machines and sanitary towel dispensers on walls, both great ideas and valid points. However disabled toilets have much more severe issues that I feel need addressing first.  So let’s go back to the Building M Regulations. Firstly before you can even get in to the toilet the exit and entrance must be looked at.  I’ve seen a fully approved and fitted changing place facility in my town, the door of which is situated after a door and sharp turn and placed in to an alcove! Opening the door is a nightmare. Another disabled toilet in our Local Authority building fully kitted and meets the standards but you have to push open a door hold it to its maximum  turn around reverse close the door. Before you have to open the actual disabled toilet door. If someone is using the outer doors you can’t get into the toilet or get out. So please before you even think of the toilet please look at routes and entry ways, only to often they are used for storage or the doors are blocked by other paraphernalia.

Ok so you managed to get in, the Regs say you should have enough space in the toilet to be able to spin a manual wheelchair around 360 degree circle. And big applause nearly all do have that room, but if you’re in a larger power chair, (I would say that where I live and having looked around power chairs are actually more the norm than manual wheelchairs) or by the time we’ve added a baby changing wall unit, and three bins - a normal one, a large one for babies nappies and one for feminine hygiene, all of a sudden you don’t have room for pretty much anything. So considering adding anything else on the walls, is just a no from me. The Regs when talking about space do not take in to consideration all the bins and everything sticking out from the walls, thus reducing the actual available space

Please have separate changing rooms for children and mothers, they need their dignity too, stop causing conflicts as to who is more important. In essence the regulations need to be looked at again considering its use by people not just as a toilet for manual wheelchair users and giving enough space for all needs, not just the immediate one.

Car parking another major bane of my life. Anyone who uses a disabled space without being disabled is a very low form of human in my opinion. Yes I know not all disabilities are visible. But rule is simple if you don’t have a blue badge you shouldn’t park in there. It is difficult enough trying to use these spaces, again clear guidance is given in the building Regs as to scope size and makings, but again I feel these may now be outdated.

The first thing about these spaces I notice is whether the space is on flat ground (as is requited). So many disabled spaces are on slopes. Its bad enough moving or trying to handle a Chait on a flat surface. Trying to manoeuvre one out of a car on to a slope is nightmare, try asking my carer, more than once he’s had to chase my chair down a hill, funny at the time, but not so if your cars the one it crashes into. Oh and on removing things from the back, a lot of vehicles are wheelchair accessible with doors opening at the rear with ramps, or people need to get chairs out of the back of cars the regulations do require a hatched area behind the car for this purpose but very few spaces actually have them.

If your one of these people who drive around in a big accessible van to get you around, as it’s the only one that fits your needs then this is essential. A lot of authorities often argue that there is are a lot of on street parking also available. If you’re in a wheelchair forget it, as someone no matter what large signs you have on the back of the van requesting room, other people will block you in ( sorry to say this even includes disabled people).

Oh and whilst I’m at it, what’s with the three hour time limits and just In day light or work times. My disability doesn’t just exist 9 - 6 pm on a Mon - Fri, so why do I only get free spaces then? Are we not living in a 24/7 world. Do I not go out at night or on Sunday?

Where I live we have a fantastic waterside area, very flat, all the restaurants have good access, and there’s even a cinema. So you think ideal right, to go out. Well for me not really, again actual choices are limited. As I’ve said I have a large van, the council do have a multi-storey cat park there, but the size of my van means I can’t get into it. So I have to park om double yellows on the road, and I have to get my timing right, as it’s a rare entry vehicle I can only really park it at the end or the beginning of the street, and there seem to be more and more people parking on the streets, particularly as Councils have now started charging disabled people in most places. (This is wrong in my opinion and open to challenge (see below). So if I want to go out I have to find the right place to park and in this area only 2 spaces are available and all disabled people want to park there. Ok so I get a space, yippee, know do I go to watch a film (and yes films are getting increasingly longer) or do I go eat with friends with my three hours on my blue Badge, I can’t do both.  Now I am happy to pay a reasonable amount if I can get in to a car park close by. So there you go, where’s my choice and independence? Ideally if the Council and I did write to them without success (and there is space) turned the street in to specialist disabled bays with rear access, you would get more cars parked and it would be a venue where disabled people can have complete access.

One evening after the cinema and a long film I needed the loo. I had parked on the road with my badge up. By the time i got to the van there was a ticket on it. I was angry initially but turned it round and thought id use it as a challenge. I argued that the authority by not providing adequate parking for people like me, where in fact contravening the Equality Act, as they really hadn’t thought of reasonable adjustments. I would happily park in the council car park if I could get in, but I couldn’t, and that by only allowing three hours they were breaching my fundamental rights to freedom, choice and control as requited under the UNCRPD that the country was a signatory too. I advised them i would not be paying the fine, as I would happily go to court to fight the case.  They dropped the charge saying they’ll give me a warning this time, but not to do it again. Shame because I was looking forward to challenging it.

The level of ramps or ramps built for access also cause me a lot of concern. If you’ve got a wheelchair accessible vehicle with a rear fold down ramp, getting in out feels like a ride at the funfair. For buildings or even “road paths” ramps are often not made or built “fit for purpose”.  The building regulations advice as a very rough rule of thumb for every inch in height the ramp should be a foot in length. Architects may actually design to these standards but often the building trade will either not comply with the architects’ plans or too often builders aren’t aware of the requirements and will put in anything in place, after all it’s a ramp, right!

So compliance of DDA or Building M Regs or even  is not always as clear as it seems, the regulations need updating to consider modern  issues in the modern world, enforcement needs to be better by building control  who have a duty to comply with the Equality Act.  Architects and builders need to work hand in hand.
All retail business should be given basic info about their duties to make reasonable adjustments.

However the biggest issue I think we face that covers all these matters, is Social Responsibility. For some reason over the last ten years or longer we have moved away from a society of “US”, where we are a community with respect for the elderly and disabled and turned in to a society where the prime thinking is” I”. As long as I’m ok, it doesn’t really matter. If everyone started at all levels started thinking as a society again and put people in a hierarchy of need, I’m sure there would be a lot less Access and Equality issues.

Is there anything with regard to access that annoys you? Could it be fixed reasonably? Please let me know.

#Building Regulations M regulations disability   access parking  toilets  local authorities council blue badge WAV building control Equality