Author Topic: Reasonable Adjustment v Reasonably Practicable  (Read 5345 times)

Kelsall

  • Guest
Reasonable Adjustment v Reasonably Practicable
« on: June 27, 2012, 02:50:33 PM »

The equalities act requires 'reasonable adjustment' to allow access but once in the building the RRO requires the RP to get everyone out in the event of a fire.
Could a building owner restrict access on the grounds of what is 'reasonably practicable' in the event of fire? i.e. could they restrict wheelchair access to a limited number; if in the event of a fire they can't get more than one or two out safely.

Offline Mike Buckley

  • Hero Member
  • *****
  • Posts: 1045
Re: Reasonable Adjustment v Reasonably Practicable
« Reply #1 on: June 27, 2012, 03:35:11 PM »
The short answer is yes the owner can restrict access on those grounds. The issue runs on the precedence of the legislation which is based on the penalties imposed. The DDA only allows progress through the Civil Courts and the client can only be sued, however the RRO is dealt with by the Criminal Courts and the client can be fined and or imprisoned, therefore the RRO will take precedence.

The obvious arguement will be what is a reasonable adjustment?
The presence of those seeking the truth is infinitely to be preferred to those who think they've found it.

Offline nearlythere

  • Hero Member
  • *****
  • Posts: 4351
Re: Reasonable Adjustment v Reasonably Practicable
« Reply #2 on: June 27, 2012, 04:07:51 PM »

The equalities act requires 'reasonable adjustment' to allow access but once in the building the RRO requires the RP to get everyone out in the event of a fire.
Public bodies seem to consider that "reasonable adjustment" means "must do" whereas in the real world, where there is a need for control over budgets, it is "can we"?
We're not Brazil we're Northern Ireland.

Offline jokar

  • Hero Member
  • *****
  • Posts: 1472
Re: Reasonable Adjustment v Reasonably Practicable
« Reply #3 on: June 28, 2012, 08:27:49 AM »
The main factor appaers to be finance.  If you have the money and do not make reasonable adjustments then it will cost you.