Make the Anticipatory Duty Visible: Proactive Adjustment Disclosure
By Kieron JH
The law already says it. Under the Equality Act 2010, service providers have an anticipatory duty to make reasonable adjustments for disabled people. In plain terms, you must think ahead, spot likely barriers, and take reasonable steps to remove them before a person has to ask.
The problem is practice, not principle. Too many services wait until a user complains, then scramble. That is stressful for the user and risky for the provider. It turns a right into a negotiation.
The fundamental change we want
We want service providers to proactively inform disabled service users of the adjustments they can offer by default. Not a rigid menu, and not medical gatekeeping, but a clear set of examples that shows what is available and invites further conversation.
Why this fits the law
- Section 20 of the Equality Act 2010 sets the duty to make reasonable adjustments.
- For services and public functions, the duty is anticipatory, applied to people in general, not only those who ask.
- Publishing example adjustments is a practical way to show you have considered barriers in advance.
What proactive disclosure looks like
Publish a short, easy to find page or panel that covers:
- Communication options: written first, phone by request, plain language summaries, alternative formats on request.
- Time and pacing: extra processing time, flexible appointments, no forced real time calls unless essential.
- Environment and access: quiet hours, step free access, accessible toilets, remote options where suitable.
- Decision making: named contact, clear timelines, reasons in writing, easy routes to correct errors.
- Evidence requests: minimal proof, proportionate to the adjustment, with a clear explanation of what is needed and why.
Benefits
- For disabled users: less friction, more dignity, faster access to what they need.
- For providers: fewer disputes, stronger compliance posture, better staff confidence, lower legal risk.
- For funders and regulators: visible alignment with Equality Act duties, easier monitoring, better outcomes.
Starter checklist for providers
- Create a one page Reasonable Adjustments statement and link it from your homepage and contact page.
- Train staff to offer adjustments by default, not only when someone discloses a diagnosis.
- Build adjustments into forms, booking flows, and scripts, with opt in tick boxes and free text where needed.
- Track requests and outcomes, review quarterly, and publish a short accessibility update.
- Make a feedback route that is simple, fast, and non confrontational, with a named owner.
Common myths, short answers
- Myth: we must wait for disclosure. Reality: the duty is anticipatory, think ahead and act.
- Myth: adjustments are always expensive. Reality: many are low cost or process based.
- Myth: publishing examples locks us in. Reality: call them examples, invite case by case discussion.
Call to action
If you run a service, publish your adjustments this week. If you fund services, make proactive disclosure a grant condition. If you regulate, add it to your audit questions. Turn a legal duty into daily practice, and make access the default.




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