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19 May 2005 - Access to Religious Buildings and Services and Disability Discrimination - Briefing from the Disability Rights Commission

Religious and faith groups provide a service to the general public and are therefore covered under the Disability Discrimination Act however no specific forms of funding have been made available by the Government to date to assist with potential compliance.

However, in the Commission's experience, those managing religious buildings are best advised to take the following approach in improving facilities for current and future users of their services. Myths in this area need to be dispelled.

Building on pre-existing work

Many religious and faith groups have been formally and informally meeting the needs of disabled people for years. This can occur without the individual regarding her or himself as a disabled person. For example, microphones, improved lighting, larger print hymnals, lifts for people unable to drive for disability related reasons, arrangements to serve communion in a different part of the church or at home are commonly available. Religious and faith groups will fulfil many of their statutory duties simply by offering common courtesies to disabled people based on asking the individual about any access needs they may have.

Those responsible for the building themselves are very well placed to know or enquire about the access needs of their existing users and to investigate the needs of future users within their local communities by gathering advice and information and consulting disabled people and disability organisations. This will enable prioritisation of action.

Requiring 'reasonable' action

Nothing in this legislation will threaten the viability of the service in general. When considering whether physical improvements should be made to the building, groups need to consider what is 'reasonable'. This may include but not be limited to the following;-
· Depending on available resources, more might he expected from a large religious building resourced centrally rather than a small rural chapel in a poor area dependent on parishioner donations
· Access needs of current and 'would be' users
· To what extent the building is used as a generic resource for the community - if so, then the level of anticipated change for disabled people might be greater
· For what period of time will users remain on the premises and whether food is consumed? This will affect the provision of toilets.
· To what extent are general major refurbishments planned - more can be expected from refurbished or new buildings. Access improvements benefiting disabled people and others should be factored in - it's cheaper to do so.
· Whether the building from where the service operates has listed status. Please note though that this in itself does not provide a block exemption from physical changes to the building. Many changes can be introduced whilst preserving the historic significance of the building.
· The dignity of disabled people needs to be at the heart of providing any service.
· Ultimately, religious and faith groups have to make the services they provide accessible and sometimes it may be more appropriate for certain activities to be carried out in other more accessible buildings or accessible parts of the existing building.

Approaching the legislation

Religious and faith groups like other service providers will need to think about the types of changes that they could introduce to suit disabled people in general. There are a number of resources which I will mention in a moment to help them with this thought process.

Where a faith group considers that it is unfeasible to make a change required by a disabled member, they will need to consider whether they can make a 'reasonable adjustment' before refusing the service outright. In the case of physical barriers which make access to the religious building impossible or unreasonably difficult, they will need to consider removing. Altering or avoiding the barrier from October 2004. Where this is impossible, the group needs to think creatively about reasonable alternative ways of delivering the service. These may not always be the most inclusive of solutions, but may make the difference which means that a disabled person is able to access the service in some way.

The funding vacuum

Many of changes which can make a real difference to disabled people cost next to nothing - it might simply be a combination of thinking creatively about the nature of the service, challenging some traditional attitudes, dispelling some myths, and not being too fixated by the constraints of the building from where some of the services are provided.

There may be some specific community based resources such as lottery funding and the Communities First programme which churches might be able to tap into especially if they can provide evidence that they are resource which is sometimes available for the whole of the local community.

The Commission recognises that some religious buildings will have a number of physically disabled members that might benefit from improvements to the physical environment which might involve more significant levels of funding. As part of our review into the effectiveness of Disability legislation, the Commission has been canvassing opinions amongst the general public on whether organisations should be given tax breaks to encourage progress in this area.

Resources available from the Commission

The DRC provides a range of published information about the DDA and the implications of 2004 which you may find useful including a leaflet aimed at service providers and a guidance booklet aimed primarily at small and medium sized enterprises on making practical changes.

Resources from other sources

You may also find it helpful to contact 'Through the Roof ' an organisation working across denominations to promote equality for disabled people and improve access. They produce a range of leaflets designed for churches including a leaflet called 'Churches and the Disability Discrimination Act'.

Through The Roof
Global House
Ashley Avenue
Epsom
Surrey
KT18 5AD

Phone: 01372 749955
Fax:01372 737040
Minicom: 01372 737041
Web site: http//www.throughtheroof.org

You may also wish to contact 'Church Action on Disability' (CHAD). This is a network that campaigns for positive attitudes to disability and promotes better access in the fullest sense of the word. CHAD publishes a magazine and produces information.

Church Action on Disability (CHAD)
PO Box 10918
Birmingham
B14 7YD

Tel: 0870 243 0678
Fax: 0121 441 5599.
Contact : Seán O'Donnell (Administrator)

There is at least one book on this subject for example, 'Widening the Eye of the Needle: access to Church buildings for people with disabilities' by John Penton, published for the Care of Churches by Church House Publishing, 1999.

http://www.drc-gb.org/publicationsandreports/campaigndetails.asp?section=access&id=71
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