Unjustifiable Hardship

An Organisation or business might be able to successfully defend itself again a DDA complaint  if it could show a Court that providing access would cause an 'Unjustifiable Hardship'.

A Court would consider many issues when considering a defence of Unjustifiable Hardship including those of cost, technical difficulties, use of the building and the effect the proposed changes might have on particular heritage features.

If adjustments cause Hardship it is up to the Organisation to show that they are Unjustified, but before deciding that providing access is Unjustified, a person or Organisation should:

• Thoroughly consider how Access might be provided
• Discuss this directly with the person involved, and
• Consult relevant source advice (e.g Obvius Access Disability Access Consultant).

John Bedwell Obvius Access 5th December 2012