Taxi Driver Online

Disabled youth wins legal battle

A disabled teenager who tackled the Royal Bank of Scotland after it failed to cater for his needs has won a major legal challenge.

David Allen, 17, from Sheffield, has muscular dystrophy. He launched the challenge after the bank failed to provide wheelchair access at a branch.

Sheffield County Court ruled the bank breached disability law by not having the access at the Church Street branch.

The bank said it had disability access at three other branches.

Now the bank must pay £6,500 in damages and has until the end of September to install a platform lift.

Precedent

The ruling is the first of its kind and has set a legal precedent which could have implications for other service providers, legal experts said.

The bank claimed it had complied with the Disability Rights Commission's Code of Practice and that it had arranged access to three other branches.

It also offered Mr Allen the use of telephone or internet banking services.

However, Judge Dowse criticised the bank adding: "The bank has made errors in this case causing David considerable embarrassment.

"It has not covered itself in glory."

At hearing the Court's decision, Mr Allen said: "I'm glad justice has been done.

"I only wanted them to comply with the law and provide disabled access so I could get into my bank like my friends."

Barrister Declan O'Dempsey, a discrimination specialist said "Businesses are required under the Goods and Services provisions of the Disability Discrimination Act to make "reasonable adjustments" to ensure that their customers can use their services."

"In addition, up until now no company has been forced by injunction to make a physical adjustment to ensure that disabled people have equal access to their services.

"This ruling changes that. Bigger companies now know that it is up to them to anticipate the needs of all their customers; and it will be up to them to prove why they have not ensured equal access to their services for all their clients."

John Wadham, group director, legal, at the Equality and Human Rights Commission, said: "When it comes to sensitive matters like our finances, we all value the discretion and security that bank branches offer.

"Why should a wheelchair user be denied this service when all that is needed is a little thought on behalf of a company?"

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Interesting case, I've been wonderring when this type of case would surface?

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Is it possible to challenge a council for improved disabled access at cab ranks?

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

That would imply there was a physical obstruction to the disabled gaining access to the rank. If there was then there is every likelihood that a successful prosecution could follow.

If my memory serves me well the Rhodes railway case touches on physical obstructions.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

We managed to get a length of pavement raised to allow for easier loading of wheelchairs on a rank, I wondered if we could get it extended to other ranks?

I suppose a word with the disabled lobby will suffice.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Thats a tough one wouldn't the council refer to the fact that all taxis have ramps?

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

From memory I think we persuaded the council (we have two one for the roads and one for licensing) that during modifications to the rank a higher kerb for ease of access would be beneficial to the public and taxi driver alike....in terms of the wheelchair, less of a gradient making it easier and safer loading.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

A higher kerb is beneficial but in the legal sense would it amount to an acces discrimination? I somewhat doubt it but I wouldn't discount it.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Would it be a reasonable adjustment? Perhaps.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Yes it would be a reasonable adjustment but perhaps not a legal requirement?

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Thanks for that JD, will bear it in mind.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

you could be forgiven for thinking that "disabled" always means "wheelchair" when obviously it doesnt

so what OTHER disabilities get the same headlines? or consideration come to that, or are wheelchair users the most vociferous? the wheelchair users i know would rather NOT be a special case just to cause/inflict costs and problems on others.

that bank just spent maybe £10,000 on the case and ramp, guess where thats gonna come from?

The bent banking charges?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

What happens if you have a HC with all the ramps etc for the wheelchair access but you haven't got the strength to push them up it, what are you supposed to do?

_________________
Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Refuse the hire.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin