A three-stage test provides some answers in disabled access cases
Franklin, K.
A three-stage test provides some answers in disabled access cases - 2005 - Architects' Journal 221(5) 10 February 2005, 46(1) .
Reports on the case of "Roads v Central Trains Ltd" ([2004] EWCA Civ 1541, unreported) which has provided some guidance from the courts on the duty of service providers to take reasonable measures to provide disabled access to buildings under the Disability Discrimination Act 1995 (DDA). R had difficulty changing at Thetford station on a journey to Norwich as a footbridge that connects the two platforms was impossible for him to use. The original trial judge had found it was not reasonable for Central Trains to provide a taxi but the CA disagreed. In reaching their conclusion, a three stage test was conceived, with the last question being the most difficult to answer in this instance: is the provision that has been made reasonable? It was ruled that the policy behind the DDA is not a minimalist policy of providing the disabled with some access: it is to provide access as close as is reasonably possible to the public at large.
DISABILITY DISCRIMINATION ACT 1995 S21
ROSS V RYANAIR LTD AND ANOTHER
ROADS V CENTRAL TRAINS LTD
SERVICE PROVIDERS
MANAGEMENT-BUSINESS MANAGEMENT-DISCRIMINATION-DISABILITY DISCRIMINATION-ACCESSIBILITY
A three-stage test provides some answers in disabled access cases - 2005 - Architects' Journal 221(5) 10 February 2005, 46(1) .
Reports on the case of "Roads v Central Trains Ltd" ([2004] EWCA Civ 1541, unreported) which has provided some guidance from the courts on the duty of service providers to take reasonable measures to provide disabled access to buildings under the Disability Discrimination Act 1995 (DDA). R had difficulty changing at Thetford station on a journey to Norwich as a footbridge that connects the two platforms was impossible for him to use. The original trial judge had found it was not reasonable for Central Trains to provide a taxi but the CA disagreed. In reaching their conclusion, a three stage test was conceived, with the last question being the most difficult to answer in this instance: is the provision that has been made reasonable? It was ruled that the policy behind the DDA is not a minimalist policy of providing the disabled with some access: it is to provide access as close as is reasonably possible to the public at large.
DISABILITY DISCRIMINATION ACT 1995 S21
ROSS V RYANAIR LTD AND ANOTHER
ROADS V CENTRAL TRAINS LTD
SERVICE PROVIDERS
MANAGEMENT-BUSINESS MANAGEMENT-DISCRIMINATION-DISABILITY DISCRIMINATION-ACCESSIBILITY