Disability Guidelines

Use of Symbols
Care should be taken when using the wheelchair access symbol to make sure that NGS complies with the standard definition for this symbol, which represents Level 3 of the National Accessible Scheme. This is defined as “Typically suitable for a person who depends on the use of a wheelchair and transfers unaided to and from the wheelchair in a seated position”.  For information on other symbols for accessibility, please check the website www.wheelchairaccess.fsnet.co.uk

Disability Discrimination Act 2004 (DDA)
Where a service provider (garden owner) offers services to the public, they have a legal duty to take such steps as are reasonable to comply with the DDA. The act does not specify that any particular factors should be taken into account. The definition of a “reasonable step” for a garden owner to take depends on the circumstances of each case and will vary according to:

• The nature of the garden, its size and resources
• The extent to which it is practicable for the garden owner to take steps
• The financial and other costs of making adjustments
• The extent of the garden owner’s financial and other resources
• The extent of any disruption which action would cause

It is more likely to be reasonable for a commercial or nursery garden owner to make an adjustment. The resources available to a garden owner as a whole are likely to be taken into account as well as other calls on these resources.

Private garden owners will only have to take reasonable precautions such as:

• Keeping paths clear
• Putting out warning signs where necessary i.e. if steps uneven ‘Uneven Steps’  or Steep path ‘Please be aware Steep Path’
• Private garden owners are not required to make any major changes such as:
• Making gates wider
• Covering gravel paths
• Putting ramps on steps
• Making wheelchair accessible toilets available

However, to the extent that garden owners are planning changes to their gardens anyway, they may wish to consider how they can make them more accessible and follow the spirit of DDA. The advice received from DDA Helpline  is that it would be unreasonable not to open the gardens to the public, so only practical alterations need to be made according to the above criteria.