Equality Commission for NI: Recent News Releases

Article Date: 07 August 2006
Parents Win Access Battle for Disabled Child

Parents who were not allowed to take their disabled child into Fulton 's Fine Furnishings store in Belfast because he was in a buggy have won a legal battle in the County Court.

Justin Black, from Bangor, took a case of discrimination on behalf of his son Thomas under the goods, facilities and services provisions of the Disability Discrimination Act 1995 (DDA) with the support of the Equality Commission for Northern Ireland. His complaint arose from an incident in March 2005 when the family were refused access to the Boucher Road premises unless they left the child's buggy at the entrance of the shop. Thomas, a one year old who has Spina Bifida, uses a specially adapted buggy.

The Court found that Fulton 's refused to make an exception to their ‘No Prams/Buggies' policy, in spite of the fact that the Thomas' father explained his son's disability to management. The “No Prams / Buggies” written policy had stated that disabled persons and wheelchair users were welcome. However, the effect of refusing to allow the child's buggy into the premises meant that the family could not access the premises. The Judge issued a declaration that this was unlawful discrimination and ordered Fulton 's to pay legal costs.

“The Commission is pleased that the Court has highlighted the right of disabled people, of all ages, in this case a one-year old child, to have the same access to shops and services as anyone else,” said Anne McKernan, Casework Director at the Equality Commission. “Service providers must be aware that their duties under the DDA include making reasonable adjustments for people with hidden disabilities, as in the Blacks' case.”

Justin Black, Thomas' father said: “We were amazed that Fulton 's refused to let our son Thomas into the store in his adapted buggy even after we had explained his disability. We were disappointed that after we wrote to complain, we received a letter from Mr Fulton threatening legal action if we publicised the matter. Now the case is over we are glad that justice has been done and that they have been found guilty of discrimination. We hope that they will be more sympathetic to the needs of their customers in the future.”

He added: “We would like to thank the Equality Commission for all their hard work and support throughout this case. I would also like to take this opportunity to highlight to others who have been subject to similar discrimination that one person can make a difference, even a one year old!”

Article Date: 20 July 2006
Disabled Woman Challenges Accessibility of Textile Store
 A disabled woman, who, with the assistance of the Equality Commission for Northern Ireland, challenged a fabric retailer under equality laws, has triggered major changes to the store's layout which will benefit other disabled customers.

Ann Collins, from Newtownabbey , complained under the Disability Discrimination Act when she could not access the premises of Craftswoman Fabrics in Carrickfergus in her wheelchair and was advised instead to shop online.

This case was the first successful case brought to the County Court with the Equality Commission's support under provisions of the Disability Discrimination Act which were enacted in October 2004. These state that anyone providing services to the public may have to make changes to the physical features of their premises to ensure that disabled people can use their services.

The case was settled out of court. In the settlement Craftswoman Fabrics agreed to make significant changes to their premises to improve access for disabled customers, including installing a ramp and a lift, an intercom and an assistance bell.

Other changes they committed to making by September 2006 were new signage to clearly indicate entrances and accessible parking. The company also agreed to have a senior member of staff undertake Disability Awareness Training at the Equality Commission.

Ms Collins was paid £1,000 in damages for injury to feeling.

Anne McKernan, Casework Director at the Equality Commission welcomed this settlement which she said showed a real willingness on the part of the defendant to improve their service and comply with their duties under the law. She said: “This case sends an important reminder to everyone providing goods, facilities or services to the public that they must ensure that their services are accessible to disabled people. It shows what businesses can do to enable disabled people to use their services.”

“We would urge all businesses and service providers to make revisions to their premises rather than waiting until customers complain. One in five people in Northern Ireland has some form of disability. This is a significant target customer base which many businesses are failing to tap into. So not only do businesses have a moral and legal responsibilities when it comes to accessibility, but it is also in their interest to make sure more disabled people can use their services,” Ms McKernan added.

Ann Collins welcomed the settlement and said: “I am delighted with the outcome of this case. It shows that access is vitally important for disabled people and businesses cannot ignore their duties under the DDA. I would encourage other disabled people not just to accept inaccessibility but to tell shops and other services of the access problems they face. A lot of changes are simple, easy to put in place and cheap. Inaccessibility means that not only will the service lose the business of the disabled person, but also that of their family and friends.”

Source: www.equalityni.org