Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if he will commission a review of the (a) clarity and (b) consistency of legislation relating to disabled people with assistance dogs.
No one should be refused access to businesses, services or public spaces because they legitimately have an assistance dog.
Strong protection already exists in the Equality Act 2010, which places a duty on businesses and service providers to make reasonable adjustments to improve disabled people’s access to goods and services so they are not placed at a substantial disadvantage compared to non-disabled people. This reasonable adjustment duty is an anticipatory duty, meaning that those who provide goods, facilities and services to members of the public are expected to anticipate the reasonable adjustments that disabled customers may require, including auxiliary aids.
This could include allowing the use of assistance dogs so that disabled customers have the same access to goods and services and are not placed at a substantial disadvantage compared to non-disabled customers.
The Equality and Human Rights Commission (EHRC), a public body responsible for enforcing the Equality Act, has published guidance for all businesses, including service providers, on this subject. The guidance explains that assistance dogs should be treated as auxiliary aids and not as pets. The guidance makes clear that businesses and service providers should allow assistance dogs access to buildings where dogs would normally not be permitted whenever this is reasonable.