It is estimated that about 16 million people in the UK are living with a disability, amounting to 24% of the population. This is an upward trend and Britain has an ageing population, so this figure is likely to increase in the future. Disabled people face a range of inequalities that affect their quality of life. 

One of the biggest issues faced by disabled people in society are physical barriers that prevent or make it difficult for them to access a range of services or travel freely. Often, able-bodied people do not even notice or consider these barriers and disabled people are not given a voice in the planning and design process.

There are laws in place under the Equality Act 2010 that require public bodies and organisations to take ‘reasonable steps’ to remove physical barriers that may impede access for disabled people. However, these laws are not always strictly adhered to or enforced. 

Examples of physical barriers include steps and stairways at building entrances or between different levels and floors in a building; exterior kerbs, steps, or unlevel surfaces; narrow doorways and corridors that cannot accommodate a wheelchair; rooms with cluttered layouts; toilets that are not wheelchair accessible, and unsuitable floor coverings.

Public organisations or service providers are required by the Equality Act to remove or change the physical barrier, or provide a means of avoiding it wherever it is reasonably possible to do so. When it is not possible to do so, the service provider should consider putting an alternative means of making the service accessible in place.

Examples of ‘reasonable provision’ include installing a wheelchair platform lift to allow disabled users to avoid steps and stairs; widening doorways, removing furniture that is impeding access; providing ramps for wheelchairs to provide step-free access at building entrances; and installing accessible toilets.

Unfortunately, some service providers do not make adequate provisions for disabled users and they are not challenged about the efforts that they have made. Often, a provider will argue that the building is leased and they do not have a right to make alterations or adaptations, for example.

However, it is often the case that the organisation has made little or no attempt to contact the landlord, which they should have done in writing to ask for consent. If a user cannot access a building or some of its facilities, they have a right to make a complaint or take legal action.

It is often the best course of action to make a complaint in the first instance and wait for a response. The company may make an apology and explain why the access was found to be inadequate, and they may promise to make improvements in the future.

If no satisfactory response is received and it is clear that the law has not been followed, the user has the right to take legal action. This may be more costly but there may be assistance available from disability rights organisations. In return, the user may receive monetary compensation and the provider may receive an injunction to make the required changes.