It’s crucial that the rights that we have are used to their fullest extent

When the Disability Discrimination Act (DDA) came into force I was working in a law centre in a psychiatric hospital. For the first time, it provided rights to non-discrimination – across all the areas of activity - that my clients had difficulty in, not least housing. I used it from the outset and could see its potential – both there and at the Royal National Institute of Blind People, as their first legal officer, and subsequently at the Disability Rights Commission.

Reasonable adjustments were the most significant feature of the DDA and were – and are - a powerful tool for making a difference. But housing felt left behind. Those provisions involved only the basic duties not to discriminate, with no duty to make adjustments.

Whilst reasonable adjustments in housing came later in the 2005 DDA (following lobbying by the DRC) – this was in a limited format. Even the basic duties under the DDA, though, weren’t used to their full potential in housing until the Equality Act 2010 came along, and really, it is only in the past perhaps 10 years that they have been a regular feature in defending possession proceedings against disabled people. But the Supreme Court made clear in Akerman-Livingston v Aster Communities (a case I was fortunate to be instructed in) that disabled people have additional rights and that landlords have to justify treatment which is unfavourable and because of something arising in consequence of disability (thus putting to bed, thankfully, any remnants of the Malcolm case).

There are areas however that the Equality Act does not tackle. Inaccessible housing. Lengthy waits for housing for disabled people, precisely because of inaccessible housing, and the drastic impact that has on individuals and families. And the common parts provisions remain unimplemented, despite numerous consultations.

I have come to the conclusion – based on my practice both in individual cases, strategic litigation and advisory work - that the provisions that we have – not only in housing – are not enough. New provisions are necessary to help in delivering the barrier free environment that disabled people need and that was envisaged when campaigners took to the streets before the 1995 DDA was passed. I will be working on those in the future with a view to learning from our past. But in the meantime, it is crucial that the rights that we have are used to their fullest extent.

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This is the fifth in a series of Housing LIN guest blogs leading up to the 30th anniversary of the Disability Discrimination Act. The series will end in an extended HAPPI Hour webinar on Tuesday, 11 November 2025, where contributors will share expert insights and assess progress on disability, accessible housing, and the built environment.

For more on designing accessible and adaptable homes, visit the Housing LIN’s Design Hub.