Legal Victory Is A Small Step Towards Better Inclusion

In our daily lives, there are many barriers disabled people encounter none more so than the physical barriers. Couple these barriers with attitudinal barriers and we are faced with exclusion from many mainstream activities.

The Disability Discrimination Act together with the adoption of the Social Model of Disability should help eliminate this problem. However, many organisations still seem to do the bare minimum to assist access for disabled people and in the past, legal cases have been settled at minimum cost and usually without any admission of unlawful behaviour.

Finally, we have someone who was willing to take on the big boys and from this we have one of the most significant legal cases so far under the Disability Discrimination Act.

David Allen, a 17 year old wheelchair user from Sheffield decided enough was enough when he could not access his local bank. Together with assistance from the Equality and Human Rights Commission and the Sheffield Law Centre, he took on the Royal Bank of Scotland.

This action was taken following numerous occasions when David was treated less favourably by his branch in Sheffield City Centre. Despite signs indicating accessibility, David found the branch was completely inaccessible to wheelchair users. On occasions he was asked to give personal information whilst in the street and was eventually advised to use the nearest accessible branch over 10 miles away.

Judge John Dowse, at Sheffield County Court, passed judgement that Royal Bank of Scotland had not made any serious attempt to make the branch accessible as required under the law. He awarded David £6,500 - the highest ever payout for this type of case. Even more significant, was the fact that he ordered an injunction against the service provider – the first time ever since the DDA came into force in 1995. The bank has been ordered to install a lift at the relevant branch so that David and other people with mobility impairments can access the building.

This ruling sends a strong and decisive message to all service providers that they have a duty to make reasonable adjustments to ensure that disabled people are not discriminated against or treated less favourably.

I, for one, thank David for pursuing his right for inclusion and taking on the big boys.