Cases on provision of services

The Court of Appeal found a bank to be in breach of the reasonable adjustment duty, because its main branch in Sheffield was not accessible to wheelchair users. Even if banking services could be accessed in alternative ways, such as over the internet, the policy of the Disability Discrimination Act was to provide a service … Read more

An autistic boy had become “stuck” at the side of a swimming pool, and jumped into the water when approached by police. He ended up being restrained by the police, and put in the cage at the back of a police van. The Court of Appeal upheld a decision that the police had failed to … Read more

The Court of Appeal considered the reasonable adjustment duty for service providers. The court said that the policy of the legislation is not a minimalist policy of simply ensuring that some access is available to the disabled. It is, so far as reasonably practicable, to approximate the access enjoyed by disabled persons to that enjoyed … Read more

Court of Appeal, 2004. Full judgment: bailii.org. Facts Mr Ross was charged for the provision of a wheelchair to get from the check-in point at Stansted airport to the plane. Ryanair argued amongst other things that its service was a transport service and therefore exempt under DDA s.19(5). It provided a transport service and anything … Read more

This important decision emphasises that it can be direct discrimination to stereotype people, even if the stereotype has some truth to it. An individual should not be assumed to hold characteristics associated with the group, whether or not most members of the group do indeed have such characteristics, House of Lords, 2004. Full judgment: bailii.org. … Read more

Court of Appeal. [2000] 2 FCR 69. The applicant complained that she was being charged by her local authority for home care by reason of the fact she received disability living allowance. The receipt of DLA was a reason related to her disability (multiple sclerosis). She argued that this contravened Part 3 of the Disability … Read more

House of Lords, 2000. Full judgment: bailii.org. The case of Phelps v Hillingdon Council involved a child had dyslexia. An educational psychologist failed to diagnose the dyslexia. Accordingly the child was not given education appropriate to her condition. The House of Lords upheld a decision that the educational psychologist owed a duty of care to … Read more

House of Lords, 1990. Full judgment: bailii.org. The Council provided free swimming facilities for old age pensioners. At the time this meant the qualifying age was 65 for men and 60 for women. The House of Lords held this was sex discrimination, regardless of motive. The test was objective. ‘But for’ his gender, a man … Read more