Bank loses appeal over wheelchair access case

By Stephen Howard

Saturday, 21 November 2009

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The Royal Bank of Scotland has lost its appeal over a ruling that it failed to cater for the wheelchair access needs of a disabled teenager who was awarded £6,500 damages.

David Allen, 18, who has muscular dystrophy, took legal action after the bank failed to install wheelchair access at the Church Street branch in Sheffield, close to where he is studying creative writing at Sheffield Hallam University.

Judges at the Court of Appeal dismissed the bank's appeal yesterday and ordered it to carry out the necessary access work, which has been estimated as costing £200,000. They also ordered the bank to pay Mr Allen's legal costs and refused permission to take the case to the Supreme Court.

Lord Justice Wall said that Mr Allen could not access the counter facilities at the bank and a duty "plainly thereby arose" under the Disability Discrimination Act.

Sheffield Law Centre, the solicitors representing Mr Allen, said: "This was an important ruling – the first time a court had ever granted an injunction requiring building work under the Disability Discrimination Act."

Comments

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What about the bank

flacksteen wrote:

Saturday, 21 November 2009 at 08:13 am (UTC)

This report does not tell us what the bank said about the problem. Many UK retailers operate shops which cannot be made readily wheelchair accessible. Sometimes local planning laws prevent it, sometimes there are problems with buildings being listed. Was this the issue here, or did the bank have easy access from the street but inaccessible counters? If the latter, then the bank may have to rethink the design of all its branches, on the off chance David Allen wants to visit them. My own bank branch has a lobby which contains cash dispensers, one is set low, presumably for wheel chair users. The only problem is that there are three steps from the street to the lobby, and no other way in, showing a lack of joined up thinking on the bank's part. What is Mr. Allen's bank going to spend �200,000 doing? It seems a lot.

While one understands that Mr. Allen needs bank access, the expenditure seems disproportionate to the problem. The Americans with Disabilities Act has been in operation for many years now. and is enthusiastically enforced by many groups looking after the rights of disabled people. But the ADA allows for the fact that sometimes a business may suffer financial hardship if forced to comply with the Act. Such matters can be litigated, which seems to be sensible. Could Stephen Howard fill us in on the background here? Businesses will follow this matter with interest.

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Re: What about the bank

drahcir38 wrote:

Saturday, 21 November 2009 at 12:40 pm (UTC)

The Bank, suffer financial hardship!!! Do be serious. We have all just witnessed the fleecing of the worlds public by greedy trough guzzling bankers. We, the public (including all people with disabilities) have been made to cough up huge sums of money to save these slime ball bankers, who incidentally are still going to be drawing their fat bonuses this year. And you have the temerity to talk about their financial hardship. This person is not the only person with a disability living in the area, and everyone should be able to access services (its the law doh). And as for the "fine" of �6,500 well it just goes to show that the judicial system doesn't give two fucks for anyone without money. Talk about lip service.

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Re: What about the bank

maggie43 wrote:

Saturday, 21 November 2009 at 01:02 pm (UTC)

I have a sister who cannot get out without a wheelchairand I do understand the difficulties of getting about - But I still think this is a dreadful ruling
just google street view and you will see what I mean. A main thoroughfare with trams taking up half the street,
bus shelters taking up half the pavement. Most of the day the pavements are crowded as one of the bus stops is the main bus stop for the Royal Hallamshire hospital, Weston park Cancer hospital and the childrens hospital not counting it is also the bus stop for students going to the university, it is mayhem. It is also a very old building, next door to our Cutlers Hall, and it would really be a shame to start hacking away at the steps. Looks like another excuse to close one of the banks because this must surely happen. Another blinkered decision by one of our judges.

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