test page

Private Clubs are no longer exempt from Disability Discrimination Act

The Disability Discrimination (NI) Order 2006 removes the exemption for private members clubs and inserts new provisions to prohibit disability discrimination by private clubs with 25 or more members in respect of their members, associates, guests and prospective members and guests.

A private members club is one that selects its members on the basis of genuine personal criteria under the rules of its constitution (whether written down or unwritten.)

All other clubs including private members clubs who provide a service to the public or a section of the public have had duties under Part 3 code of practice (Access to goods, facilities , services and premises) since 1996, 1999 and 2004.

Contact the Enquiry line of the Equality Commission if you have any questions. We will be compiling Frequently Asked questions section with standard answers based on your questions.

What is a private club?

The DDO defines a private club as an association of persons:

• It has 25 or more members (this does not mean they have to have 25 active members- it is sufficient if they are 25 or more members)
• Admission to membership is regulated by its constitution and people would not be considered a section of the public
• It is not a trade association( trade union, professional organisation like the British Medical Association)-
• It does not matter if it is a voluntary or private association
• The club must have a genuine membership selection. This could include a person having to make an application to become a member.
• Private members clubs take many legal forms- some are unincorporated associations, some are incorporated under the companies act and others take the form of friendly societies.
• If a club does not have a constitution or rules governing membership, it is likely to be a service to the public and governed by DDA already.

 

Who is covered?

The following are protected

• Disabled applicants or potential applicants for membership
• Disabled members of the club
• Disabled associates of the club
• Disabled guests or potential guests
  

Who is a disabled person?

An adult or child has protection from discrimination under the DDA if they are a disabled person. A disabled person is defined by the law as someone who has a physical or mental impairment which has an effect on their ability to carry out normal day to day activities. That effect must be: substantial, adverse and long term.

Physical or mental impairments include sensory impairments. Hidden impairments are also covered, for example mental illness, learning disabilities and conditions such as diabetes or epilepsy. For further information read our booklet on definition of a disability or our fact sheet on definition of disability.

What is discrimination for potential members?

It is unlawful for a private club to discriminate against disabled person who is not a member of the club in the following circumstances:

• By refusing or deliberately omitting his/ her application for membership
• Terms on which it is prepared to admit him/ her to membership

For example : a person with a past history of mental illness, who meets the definition of a disabled person under the DDA , is turned down for membership on the basis of this history. This is likely to be unlawful.

What is disability discrimination for members and associates

The DDA makes it unlawful for a private club to discriminate against a disabled member or associate:

• In the way it allows the person access to club benefits
• By refusing or deliberately omitting from access to club benefits
• Depriving the person of membership
• Varying the terms of membership
• Depriving an associate of his/ her rights
• Varying those rights for an associates

What are club benefits?

Club benefits are benefits, facilities or services provided by the club. This might include access to restaurants, bars or any other facilities.

What is disability discrimination for guests and potential guests?

It is unlawful for a private club to discriminate against a disabled person in his/her capacity as a guest of a club

• In the way it allows the person access to club benefits
• By refusing or deliberately omitting from the disabled person access to club benefits
• By subjecting him or her to any other detriment

It is also unlawful for a private club to discriminate against a disabled person

• Terms of the invitation, or permitting member or associate to invite him/ her to a guest
• By refusing to invite a person to be guest or deliberately omitting the person from the club or any other facilities
• By not permitting member or associate to invite him/ her as a guest

For example: A private club is holding its annual dinner dance. The partners of members are also invited to the dinner as guests of the club. However, the partner of one member is a wheelchair user and the club is aware that the venue is not accessible to wheelchair users. The club does not invite the partner of the member. This is likely to be unlawful.

Private clubs must make reasonable adjustments for disabled people as members, associates and guests

A private club has to make reasonable adjustments to

• Practices, policies and procedures
• Auxiliary aids and services (these are often aids to facilitate communication with people with sensory impairments or learning disabilities)
• Physical features

This means if it is impossible or unreasonably difficult for the disabled person to access or retain membership, retain associate rights, or access club benefits.

This duty is anticipatory duty owed to disabled people at large.This means the law requires clubs or associations to make reasonable adjustments to overcome physical and communication barriers.

What is unreasonably difficult for disabled people?

Private clubs need to consider if any policy, procedure or practice, auxiliary aid or service or physical feature would make it unreasonably difficult for a disabled person The following factors should be taken into account whether the

• Time
• Inconvenience
• Efforts
• Discomfort
• Anxiety or loss of dignity
  

entailed in accessing the relevant aspects of the club and it world be considered unreasonable by others if they had to endure these difficulties.

Private clubs must look at policies, procedures and practices, auxiliary aids and physical features which affect club benefits.

A private golf club conducts an access audit and realises that a significant number of its members are experiencing difficulties getting around the course as they have mobility impairments. The club levels all the gradients in its grounds to ensure that members with mobility impairments can access the clubs facilities.

A private club offers courses which include presentations by members. This means the club must ensure that the notes and presentation are available in large print or in audio before the lecture. The club also installs an induction loop for people with hearing loss and provides assign language interpret on request. These are likely to be reasonable steps to take.

A private social club normally rents a private function room on the first floor in a local hotel for a social evening. There is no lift and the room is inaccessible for two members who find it difficult to climb the stairs. There is space downstairs at the same price so it changes the practice of renting the inaccessible room and ensures all its members are included in the activities.

Members and associates: retention of membership or associate rights

A private club must take reasonable steps to change policy, procedure or practice or provide auxiliary aids and services to retain membership and avoid having membership or association varied for a reason relating to their disability or past disability.

It would be reasonable for a club to provide membership form in large print or on audio tape for members who cannot read standard print.

Potential members and guests

The duty to make reasonable adjustments to policies, procedures and practices and provision of auxiliary aids and services also applies to admission for membership for potential members and also for the invitation of guests.

What is a reasonable step?

It is more likely for a club with substantial resources to make an adjustment which involves significant costs than a club with fewer financial resources. The DDA does not require a private club to take any steps that would fundamentally alter the nature of the club benefits or the nature of the club.

Another limitation would be club which meets in a members house, there is no obligation to make changes to physical features of the premises ( egg. Installing a grab rail in a toilet). Clubs will have to seek permission for temporary adjustments such as a loop system.

Justification

Private clubs can treat a disabled person less favourably or fail to make a reasonable adjustment if it is for health and safety reasons or because of incapacity to contract. In certain circumstances, the DDO may allow less favourable treatment to be justified where a disabled person is incapable of entering into an enforceable agreement or of giving an informed consent, this does not apply where another person is acting for a disabled person by virtue of an enduring power of attorney or in certain other circumstances.

It is important not to rely on stereotypical view or assumptions about health and safety and disabilities.

The reasonable adjustment duties set out in the Regulations do not require a private club or association to take steps which would fundamentally alter the nature of the benefits, facilities or services it provides, or the nature of the association itself. It also provides that those duties do not require a member or an associate of an association which meets in that member’s or associate’s private house to adjust any physical feature in relation to that house.

It is important to note that private clubs cannot justify less favourable treatment of a disabled person simply because of other people’s preferences or prejudices.

Good practice for private clubs and all service providers

The following steps can help private clubs from discriminating against members, prospective members, associates and guests.

• Inform all staff and volunteers that it is unlawful to discriminate against disabled people
• Establish a positive policy on provision of benefits, facilities and services of clubs or associations
• Monitor the implementation and effectiveness of the policy
• Carry out and act on an access audit carried out by suitably qualified person
• Train staff, volunteers and members about the private clubs legal obligations and duty to make reasonable adjustments
• Provide regular training to staff, volunteers and members about auxiliary aids and services
• Provide disability awareness and disability equality training to all staff and volunteers and those who manage the club
• Address disability discrimination using the disciplinary rules
• Consult disabled members, associates, prospective members ,guests and disability organsations
• Regularly review whether services are accessible to disabled people

Organisations

Disability Action's Access Team provide technical advice and information and an access auditing service to assist service providers to make their premises more accessible to disabled people.

 

 

Disability Sports NI is Northern Ireland’s main disability sports organisation and is representative of the vast majority of Northern Ireland’s disability sports clubs and organisations. The organisation works to promote equality of opportunity for people with disabilities to take part in sport and physical activity at a level of their choice.

Disability Sports NI does this by organising a range of projects and initiatives all designed to give people with physical, sensory and learning disabilities the opportunity to lead a fit and active lifestyle through sport & physical activity, as well as supporting more talented disabled sports people to train, compete and perform in their chosen sport.

Training Workshops

There will be a training workshop with the Equality Commission, Disability Action and Disability Sport with information on the changes to the law and practical steps which private clubs can take. Please register your interest and we will send out details of date and venue.

Further Relevant Information

The following are useful publications to assist your organisation in making services more accessible for disabled people.

What Service Providers Need to Know
Year: 2006
(615kb, 31 pages)

DDA Code of Practice - Rights of Access to Goods, Facilities, Services and Premises (Word Version)
DDA Code of Practice - Rights of Access to Goods, Facilities, Services and Premises (PDF Version)
Year 2003
800kb