Disabled People: Publicly Accessible Amenities

Debate between Marie Rimmer and Alison Thewliss

Thursday 23rd February 2017 Westminster Hall

[Marie Rimmer (St Helens South and Whiston) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Buck. I thank the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) for securing this important debate.

Disabled people were not necessarily born disabled. In fact, 90% of disability is acquired. I am one of the 90%. As some Members may know, I have a disability. For the last 20 years, I have worn a bone anchored hearing aid, without which I cannot hear a sound. I understand the difficulty facing many disabled people and the trauma that they go through.

Since the passing of the Disability Discrimination Act 1995, it has been illegal to discriminate against a disabled person. The Equality Act 2010 places a duty on providers of goods, services and facilities to make “reasonable adjustments” in order to avoid a disabled person being placed at a “substantial disadvantage” compared with non-disabled people when accessing services and facilities. Service providers’ failure to comply is a form of disability discrimination.

How many times have we seen disabled people denied basic access to vital services such as public transport? As recently as mid-January, the Supreme Court ruled, on a case bought by disability campaigner Doug Paulley, that bus drivers must ensure that there is sufficient space for wheelchair users to ride the bus safely. Outside the big cities and in many rural communities, the local bus service is often the only lifeline for disabled people to get out and about. Without access to that vital service, many disabled people may be left alone and housebound.

Many hon. Members here will have heard the frankly appalling story—the hon. Member for East Kilbride, Strathaven and Lesmahagow outlined it—of Anne Wafula Strike. How disgusting that she was forced to urinate on herself. That is humiliating, inhumane and totally unacceptable; unfortunately, it is not uncommon. Last week in Bristol, I came across a disabled lady in a wheelchair who told me how she was pushed to the sidings and left sat in her wheelchair while she waited for assistance to get on a train that she had booked some days previously. For too long, transport providers have failed to provide adequate basic facilities for disabled passengers. When will the Minister liaise with rail providers to ensure that they make the correct adjustments, so disabled passengers can travel in dignity and comfort?

I will quickly discuss the term “reasonable adjustments”. It seems to mean one thing to disabled people and a completely different thing to many employers. To some employers, it means doing the bare minimum to meet the legal requirements. Will the Government legislate for all employers to provide disability awareness training for their staff, and provide the right support for small to medium employers to achieve that? A Government review found that the number of cases taken to employment tribunals has fallen by 70% since court fees were introduced. It has therefore become very difficult for disabled employees to bring their employers to task for failing to make reasonable adjustments. Will the Minister urge the Government to scrap the extortionate fees that make it harder for disabled people to challenge bad practice in the workplace?

Disabled people who believe that they have experienced discrimination as a result of not being able to access a good, a service or a facility are typically responsible for taking action themselves, via the courts, against their employer. That is often a difficult, daunting and arduous process—more so for a person with a disability. Reasonable adjustments do not only mean adjustments to accommodate physical disabilities. Many people have learning disabilities or a mental health condition. Those so-called hidden disabilities are often forgotten. They require a different set of reasonable adjustments to someone who has a physical impairment.

I have experience of a case involving one of my constituents, who suffers from autism, learning difficulties and a severe form of tinnitus. He was called in for an assessment by the Department for Work and Pensions and was escorted by his 84-year-old mother. When she tried to explain that her son was not able to hear because of the noise around the room, she was told that the hearing would be terminated if she did not refrain from interfering. His assessment resulted in a major reduction of points, from 32 to six. He and his 84-year-old mother were left traumatised. It placed him in a difficult situation, and he was placed in what they call a support group. Anyone who meets this gentleman—he is a gentleman—will fully realise that he should not have been put in that group.

I took the case up. He had a reassessment in an appropriate place where there was no noise, his mother could accompany him, and there was someone who empathised with his difficulties. He wears ear muffs around his neck. He puts them on. Just one sound can set him off and make him severely ill. His reassessment resulted in the reinstatement of the original points. It was the most traumatic experience that that man has gone through. His mother still suffers from the after effects of being with him.

For too many disabled people, the legal requirements are nowhere near good enough. It is a shame that the Equality Act 2010, which replaced the Disability Discrimination Act 1995, failed to set out exactly what reasonable adjustments entail. That lack of clarity has a real impact on disabled people’s ability to live full and independent lives.

[Alison Thewliss]

I thank the hon. Lady for the great case that she is making. I have spoken to a number of organisations based in my constituency that work with deaf people, which have also found it difficult to get around the phrase “reasonable adjustments”. They feel as though they do not get access to the interview stage, never mind getting past that and getting a job, because people think that they will unable to do it because of their disability.

[Marie Rimmer]

I concur. I know of and have been involved in many cases like that. I urge the Minister to provide urgent clarity on exactly what constitutes reasonable adjustments to stop irresponsible employers from skirting around the law.

There are too few disabled people in public office, including in this place. The access to elected office fund, which enables disabled people to stand for elected office and meet additional access requirements, has been suspended, and the Government’s evaluation report has been kicked into the long grass. Will the Government publish that evaluation and ensure that disabled people seeking to represent any party have support to meet the additional costs they face in standing for election?

A recent report by the Culture, Media and Sport Committee on the accessibility of sports stadiums highlighted the failure of some clubs to provide adequate facilities for disabled fans attending matches. Having a disability should not prevent someone from attending and enjoying a sports match. Provision for disabled fans should not be patchy depending on which club they support. Everyone has the right to see their favourite sports team win or lose. What steps are the Government taking to ensure that premier league clubs, with their huge revenues, prioritise improving access for disabled fans?

The majority of the daily problems faced by disabled people arise from confusion over the rules, poor or insufficient communication, inadequate training of service providers and/or a lack of enforcement by the relevant authorities. Will the Minister explain what mechanisms are in place to enforce the Equality Act to ensure that disability discrimination does not go unchallenged?

Organisations such as Euan’s Guide offer information on accessibility for disabled people by offering access reviews of a range of service providers. It aims to inspire disabled people to try out new places and

“remove the fear of the unknown.”

What are the Government doing to ensure that more organisations like Euan’s Guide are better supported to ensure that disabled people get the information that they need to access all facilities? That fear of the unknown prevents too many disabled people from being able to fully participate in society—and society suffers for that. The Government must do more to provide disabled people with the right information. By doing so, they would empower so many more disabled people to go out and lead full and independent lives.