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11 September 2006 - Update on First DDA
Prosecution
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The first prosecution under the Disability Discrimination Act (DDA), against
the giant retailer Debenhams, has successfully resulted in a signed "formal
agreement" between Debenhams and the Disability Rights Commission (DRC), to
provide disabled access in all its retail stores in England.
The "formal agreement" commits Debenhams, within three months from the
agreement date of 3 July 2006, to "have in place suitable means for disabled
customers to access previously inaccessible mezzanine floor areas in its
stores".
Debenhams will also provide a written report of measures implemented, to the
DRC.
This, the first case under the new DDA, since the introduction of Part 3 in
October 2004, was taken against Debenhams in July 2005, by Mr. Greg Jackson, a
wheelchair user. Mr. Jackson had been denied access to the mezzanine
section of the menswear department in their Derby store, only accessible via a
set of stairs.
Mr. Jackson had made several requests to Debenhams regarding his difficulty,
but no changes were made. Backed by the DRC, Mr. Jackson made the
decision to proceed with legal action against the company.
Commenting on the new agreement, Mr Jackson said:
“I’m very happy today because now I can visit my local store to buy
clothes and receive the same service as other shoppers.
"That is all that I wanted and by using the DDA and with this agreement it
is what all disabled people can expect in future."
Mr. Bert Massie, Chairman of the DRC, said:
“The formal agreement, signed by Debenhams, to resolve Mr Jackson’s case
is very important because it underlines the extent of the responsibilities for
large retailers regarding what is reasonable under the requirements of the DDA.
"Debenhams now has a centrally managed action plan to provide independent
access in all of its stores in England where disabled people, including Mr
Jackson, experience difficulty getting up to mezzanine floor levels.
"This sends a strong signal to all high street retailers that it’s
unacceptable to provide a second class service for disabled people. We are not
second class citizens.”
A spokesperson from Debenhams’ said:
“We have today confirmed in a statement to the Disability Rights
Commission Debenhams’ continuing commitment to providing disabled access to
products situated on all floors in its stores throughout the country.
"In particular Debenhams has provided access platforms to the mezzanine floors
in its Derby store and will resolve all issues of accessing mezzanine floors for
its disabled customers in a further 17 stores with similar access issues at a
cost of more than £300,000”.
The County Court proceedings, issued by Mr Jackson and represented by the
DRC, will now no longer be pursued, as a satisfactory agreement has been
reached.
You can read HSfB's news archive item on the plight of Mr. Jackson, by
clicking the following:
29 July 2005 - First Prosecution Under DDA Against Debenhams
Further information on disability can be accessed from the DRC Website, by
clicking the following:
Disability Rights Commission
Article by Alexandra Johnston
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