Baroness Thomas of Winchester – 2014 Parliamentary Question to the Department for Communities and Local Government

The below Parliamentary question was asked by Baroness Thomas of Winchester on 2014-05-07.

To ask Her Majesty’s Government what steps they are taking to ensure that accessible toilets for disabled people in buildings other than private dwellings comply with published national standards.

Baroness Stowell of Beeston

In buildings other than dwellings, Part M of the Building Regulations requires that reasonable provision is made for accessible toilets where relevant types of building work are undertaken. Statutory guidance on how that can be achieved is contained in Approved Document M (Access to and use of buildings). The building control body is responsible for ensuring that relevant building work complies with this requirement.

Provisions in the Equality Act 2010 require employers and those providing a service to the public or carrying out a public function to make a “reasonable adjustment”, so that disabled people are not placed at a “substantial disadvantage” compared to non-disabled people. Ultimately, only a court can decide what is “reasonable” in any particular case. However, Part 4 of the Equality Act 2010 (Disability) Regulations 2010, prescribes circumstances in which it is not reasonable for such a body to remove or alter a physical feature which was provided in or in connection with a building to assist with access to the building or the use of facilities and which satisfy the relevant design standard. The Schedule to these Regulations provides details of how to determine whether the design standard is satisfied, and refers to design considerations and provisions in Approved Document M.