Being denied access to shops, restaurants, public transportation, or any public accommodation because you are accompanied by a guide dog is a distressing experience. It’s crucial to understand your legal rights in such situations, including the possibility of seeking resolution through disability mediation. Unfortunately, navigating refusals can be challenging, and legal remedies might seem expensive.
It is, in fact, generally illegal for service providers to refuse entry to individuals with disabilities due to disability-related equipment, including guide dogs, wheelchairs, or canes. Knowing your rights empowers you to seek redress through legal avenues or mediation services.
What is Disability Mediation?
Disability mediation involves a trained and impartial mediator with expertise in disability-related matters. The mediator facilitates a productive conversation between the involved parties to resolve disagreements or conflicts, whether between individuals, workplaces/employers, or service providers.
Mediation offers a confidential and safe environment for open communication without fear of judgment. Participation is voluntary, ensuring everyone feels comfortable throughout the process. Mediators are trained to guarantee equal opportunity for all parties to express their thoughts and viewpoints.
The advantages of mediation are significant. It often leads to faster resolutions compared to litigation, potentially resolving issues in a single day rather than months of legal proceedings. Quicker resolution translates to lower costs, while preserving the option of litigation if mediation proves unsuccessful.
Mediation aims to foster understanding and resolution, contrasting with legal battles that can solidify opposing positions. By providing a platform for all parties to voice their perspectives, mediation empowers them and cultivates a more comprehensive understanding.
Equality of Access Legislation
The Equality Act 2010 grants individuals with disabilities the same rights to access businesses, leisure services, public transport, and public buildings as their non-disabled peers. Service costs should not increase, and disability discrimination is prohibited.
Businesses and service providers are legally required to make “reasonable adjustments” to their facilities and services to ensure equal access for everyone, regardless of disability. While the term “reasonable adjustment” can be vague, denying access to someone with a guide dog is generally unacceptable, with very few exceptions.
The Scale of the Problem: Guide Dog Refusal Statistics
Despite legal protections, a Guide Dogs survey revealed that a staggering three-quarters of guide and assistance dog owners have experienced being refused entry to a business, public building, or mode of transport while accompanied by their dog. This occurs despite the majority reporting generally positive access experiences. This highlights the persistent challenges and discrimination faced by individuals relying on guide dogs.
The Impacts of Discrimination and Guide Dog Refusal
A single instance of discrimination can severely impact anyone’s confidence, and the effects can be even more profound for individuals already feeling vulnerable due to their disability.
Denying entry is not only frustrating but also potentially dangerous if it impedes access to essential goods and services. It can exacerbate social isolation and feelings of being treated as a second-class citizen, denying access to social opportunities that others take for granted. This can also lead to increased anxiety and decreased overall well-being.
Reasons for Refusal: Valid and Invalid Excuses
Uninformed business owners and service providers may offer various reasons for denying entry to working guide dogs. These include health and safety concerns in food preparation areas, potential customer or staff allergies, and concerns about the dog creating a mess. However, these reasons are often based on misconceptions and are not valid grounds for refusal.
While people with disabilities are entitled to expect reasonable adjustments, they cannot automatically demand access regardless of the consequences to the business. For instance, an owner with severe animal fur allergies in a small café might justify a denial of access. Similarly, restricted areas within hospitals may have legitimate reasons to deny entry. In such cases, the café or hospital must ensure assisted access and the dog’s safety.
Instances of lawful refusal are rare, and most refusals are unlawful and can be challenged. Knowing the difference is crucial.
What To Do When Refused Entry With a Guide Dog
When witnessing or experiencing refusal by a business owner or service provider, gathering evidence is crucial for potential legal action. Document the incident or use your smartphone to record footage. In taxi disputes, record the license plate or registration number. If assisting someone with a vision impairment, introduce yourself upon approaching to ensure they are aware of your presence.
Seeking Redress and Reporting Discrimination
Regardless of physical evidence, you have the right to seek redress. Contact the RNIB Helpline at 0303 123 9999 for advice on making a complaint or inquire about disability mediation at Access Mediation Services at 01905 330055. For non-vision-related disabilities, contact the Equality Advisory Support Service. Options for redress include legal representation or mediation.
Disability mediation offers an efficient and cost-effective alternative to litigation, resolving disputes more quickly and amicably. It fosters understanding and provides a platform for all parties to voice their concerns. Remember, knowing your rights and taking action against discrimination is vital for ensuring equality and accessibility for all guide dog users.
For more information about disability and disability mediation, please contact us or visit our website.
