Your Rights

Private Clubs and the DDA

Summary: What the DDA says about private clubs.

• Who has obligations under the Act?
• Rights in relation to private clubs
• If discrimination occurs

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Who has obligations under the Act?

The ‘private club’ provisions of the Disability Discrimination Act apply to any association of people, if:

• it has 25 or more members
• it has a constitution (which does not need to be in writing) about how people become members, and admissions are carried out in such a way that the members do not constitute a section of the public
• it is not a trade organisation (such as a trade union)
• it does not matter whether the club’s activities are carried out for profit, nor whether the club is corporate or unincorporated.

Rights in relation to private clubs

The Act makes it unlawful for a private club to discriminate against a disabled person, who is a potential member of the club:

• in the terms of membership
• or by refusing or deliberately ignoring his or her application for membership.

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

• in the way in which it gives him or her access to a benefit, facility or service
• by refusing or deliberately omitting to give him or her access to a benefit, facility or service
• in the case of a member, by depriving him or her of membership or by varying the terms on which he or she is a member
• in the case of an associate member, by depriving him or her of their rights as an associate or by varying those rights
• or in the case of a member or associate, by subjecting him or her to any other detriment
• the Act also provides certain protection for disabled people who are guests or potential guests of a private club.
• In addition, it is unlawful for a private club not to make certain reasonable adjustments in circumstances in which the effect of that failure is to make it, for instance, impossible or unreasonably difficult for a disabled person who is a member, associate or guest to make use of the club and / or its facilities and benefits.

Discrimination means:

• treating a disabled person less favourably, for a reason relating to his disability without justification
• and / or failing to comply with the duty to make reasonable adjustments, in circumstances in which the failure makes it impossible or unreasonably difficult for the disabled person to access or retain membership, retain associate rights or access club benefits.

Less favourable treatment

This means that a private club cannot treat you differently because of your disability in any aspect of membership.

Reasonable adjustments

The duty to make reasonable adjustments is similar to the duty to make adjustments contained in the goods facilities and services provisions. There is different wording, though, to reflect the different nature of public authority functions. As with goods, facilities and services, there are 3 broad types of 'reasonable adjustments' which public authorities have to consider:

• changes to practices policies and procedures
• provision of auxiliary aids and services
• physical features of clubs.

Note that there is no obligation to alter or remove physical features where the club meets in the home of a member or associate, although they will need to consider other adjustments (eg meeting somewhere else which is accessible).

Justification

Less favourable treatment or a failure to make reasonable adjustments will not amount to discrimination if it can be justified under the Act.

For it to be justified, the club must have had a genuine belief that one of the following grounds of justification applied to their situation; and it has to be reasonable for them to hold that belief:

• health and safety
• inability of the disabled person to give informed consent or to enter into an enforceable agreement
• to enable the club to provide membership or benefits, facilities or services to the disabled person or other members, associates or guests
• a private club is otherwise unable to provide access to a benefit, facility or service
• greater expense - service providers cannot charge a disabled person more for a service, it can only do so where the service is individually tailored to the requirements of a disabled customer
• cost and terms of membership
• cost and access to benefits
• cost and the invitation of guests.

Clubs should consider whether any reasonable adjustments could remove the potential justification before relying on it.

If discrimination occurs

If you need further advice on this, you can contact disability organisations (such as RNIB), Citizens Advice Bureaux or law centres.

Ultimately, disabled people can take claims forward to county courts (sheriff courts in Scotland). In England, Wales and Northern Ireland most cases will be heard in the small claims court. Claims must be brought within six months of the act of discrimination.

Find out more about what to do if you have been treated unfairly.

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Content author: DDAEnquiries@rnib.org.uk

Last updated: 17/07/2008 14:43