Being denied access to shops, restaurants, public transport, or other services because you rely on a guide dog can be a distressing and discriminatory experience. It’s crucial to understand your rights and the legal protections in place. This article explores the issue of guide dog refusal, your legal rights, and how disability mediation can offer a resolution.
Your Rights and the Law
It is illegal for service providers to deny access to individuals with disabilities because of necessary assistive equipment. This protection extends to wheelchairs, canes, and guide dogs. If you experience discrimination, legal avenues, including court action and mediation services, are available to remedy the situation.
Disability Mediation: A Constructive Solution
Disability mediation offers a structured approach to resolving conflicts. A trained, impartial mediator with expertise in disability-related issues facilitates a productive conversation between the parties involved to resolve their disagreement. This process can be initiated by an individual who feels they have been discriminated against or by the service provider facing accusations of discrimination.
Mediation provides a confidential and safe environment for open communication without fear of judgment. Participation is voluntary, ensuring all parties have equal opportunities to express their thoughts and views.
The Advantages of Mediation
- Faster Resolution: Mediation typically achieves resolution much faster than litigation, often within a single day, compared to the months legal proceedings can take.
- Lower Costs: The speedier resolution leads to significantly lower costs, and litigation remains an option if mediation is unsuccessful.
- Understanding and Resolution: Mediation focuses on understanding and resolving the underlying issues, fostering better relationships compared to the adversarial nature of legal battles.
Equality of Access Legislation: The Equality Act 2010
The Equality Act 2010 ensures that people with disabilities have the same rights as their non-disabled peers to access businesses, leisure and hospitality services, public transport, and public buildings. Service costs should not increase, and disability discrimination is prohibited.
Businesses and service providers must make “reasonable adjustments” to their facilities and services to ensure equality of access. While “reasonable adjustment” can be interpreted differently, denying access to someone with a guide or assistance dog is generally unacceptable except in very specific circumstances.
The Scope of the Problem: A Concerning Reality
According to a Guide Dogs survey, a staggering three-quarters of guide and assistance dog owners have been refused entry to a business, public building, or mode of transport at some point. This highlights the prevalence of this form of discrimination despite the overall positive experiences reported by many owners.
The Impacts of Discrimination: Beyond Inconvenience
Experiencing discrimination can significantly impact an individual’s confidence and well-being, especially for those who already feel vulnerable due to their disability.
Denied entry can be dangerous if it prevents access to essential goods and services. It exacerbates social isolation and is deeply humiliating, denying individuals equal access to opportunities that others take for granted.
Common Reasons for Refusal (and Why They’re Often Unjustified)
Some business owners and service providers cite reasons such as health and safety concerns in food preparation areas, potential customer and staff allergies, or concerns about cleanliness.
While reasonable adjustments are expected, individuals don’t have the right to demand access regardless of the consequences to the business. For example, if a café owner has a severe allergic reaction to animal fur, denying access might be considered a reasonable adjustment. Similarly, restricted areas within a hospital may be off-limits. However, the café or hospital would still be responsible for ensuring assisted access and the dog’s safety. It’s important to remember that lawful refusals are rare, and most refusals are unlawful and can be challenged.
What to Do If You Are Refused Entry
If you experience or witness a refusal, gathering evidence is crucial. Document the incident or use your smartphone to record any relevant footage. If a taxi cab is involved, note the license plate or registration number. When offering assistance, introduce yourself to the person with a vision impairment, as they may not be aware of your presence.
Taking Action and Seeking Redress
Whether or not you have physical evidence, you have the right to seek redress. You can contact the RNIB Helpline at 0303 123 9999 to connect with their Legal Rights Service. Alternatively, you can contact Access Mediation Services to inquire about disability mediation at 01905 330055. The Equality Advisory Support Service is another resource to consider.
Options for redress include pursuing the matter through a legal representative or opting for mediation.
