MOBILITY MATTERS
It is unlawful for a service provider to discriminate against a disabled person in the following ways:
Direct discrimination: treating a person less favourably than others because they are disabled or perceived to be disabled.
Indirect discrimination: where a particular policy has a worse impact on disabled people than on people who are not disabled.
Discrimination arising from disability: treating someone unfavourably because of something connected to their disability. For example, refusing the same level of service to a disabled person because they have an assistance dog.
Failure to make reasonable adjustments: where a physical feature, provision or practice puts a disabled person at a substantial disadvantage the service provider has a duty to take reasonable steps to avoid that disadvantage.
Disability harassment: treating someone in a way which makes them feel humiliated, offended or degraded for reasons related to their disability.
Direct discrimination by association: treating a person who may or may not be disabled less favourably because of their association with a disabled person.
Victimisation: treating a person who may or may not be dis- abled badly because they have made a complaint of discrimination or supported someone who made a complaint.
Discriminatory advertisements: if a service provider advert- ises that in providing a service they will treat disabled people unfavourably this will amount to discrimination.
Positive discrimination: the law recognises the particular disadvantages that disabled people face and so treating disabled people more favourably than others is permitted.
MAIN POINTS REGARDING ASSISTANCE DOGS
• Under the Equality Act 2010, disabled people and those with reduced mobility ‘self-identify’ as needing assistance.
• There is no requirement for people that require assistance to prove that they have a disability
• ‘It would be unlawful to refuse access to a disabled person accompanied by an assistance dog except in the most exceptional circumstances’
• If it is a RAD member and their assistance dog, RAD assume their case.
• If it is proven a disabled person and their assistance dog have been discriminated against then, as previously stated, a complaint can be forwarded to the Human Rights and Equality Commission
• HREC’s powers include helping individuals with their legal cases and taking legal action themselves against organisa- tions that appear to have broken the law
JUNE 2022
• There is no limit on the amount of compensation that can be awarded in discrimination cases
The EHRC provides a guide for businesses on assistance dogs to help them understand what they can do to comply with their legal duties under the Equality Act. The Guidance for Businesses can be found here:
https://www.equalityhumanrights.com/en/advice-and- guidance/guidance-businesses
HREC GUIDANCE
The guidance states that: “thousands of disabled people rely on an assistance dog to help them with day-to-day activities that many people take for granted.”
It states that assistance dogs help not only blind people, but that they are “trained to help people with hearing difficulties, epilepsy, seizures, diabetes, physical mobility problems, autism, allergies, mental health conditions and more.”
Further, the guide states that assistance dogs “carry out a variety of practical tasks for people as well as supporting their independence and confidence.”
Finally, the guide makes it clear that assistance dogs “are not pets and are treated as auxiliary aids.”
An assistance dog is defined by its role, which is to assist a disabled person so that they can carry out normal daily activities.
Article by Maryrose Terry Chair, Recovery Assistance Dogs
www.recoveryassistancedogs.org.uk
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