Hi Robert,
the inquiry came from a colleague in Mid Wales and was in relation to a poster in a leisure centre in North Wales. A local authority officer had been concerned that disabled people were being apparently 'targeted' and required not only to report to reception and notify staff of their location in the building but were also being limited to no more than two mobility-impaired people at a time on upper floors. The pseudo legal basis of this was that Health & Safety legislation superseded DDA protections. My feeling is that the authority in question had completely misunderstood both sets of laws and were abdicating their responsibilities as managers of the building and in doing so were flagrantly discriminating against disabled people using the centre.
Regards,
Vin
Vin West
Secretary Arfon Access Group
Glyn Dwr
Llandwrog Uchaf
Caernarfon
LL54 7RA
01286 880761
[log in to unmask]
On 2 Jun 2010, at 10:22, Gravelle, Robert wrote:
> Hi Vin,
>
> might you be able to reference your legal advise regarding this matter
>
> Robert
>
> Dr Robert Gravelle,
> Access Officer / Swyddog Mynediad
>
> Cardiff Council Equalities Team / Tim Cydraddoldeb Cyngor Caerdydd,
> County Hall / Neuadd y Sir,
> Cardiff / Caerdydd,
> CF10 4UW.
>
> Tel / Ffon : (029) 2087 2627
> Email / Ebost: [log in to unmask]
>
> -----Original Message-----
> From: Accessibuilt list [mailto:[log in to unmask]] On Behalf
> Of Vin West
> Sent: 28 May 2010 12:17
> To: [log in to unmask]
> Subject: Evac chairs [again]
>
> HI,
> I have been asked about the legality and advisability of:
> a) requiring disabled people [only disabled people] to register with
> reception on entering a public building and letting staff know where
> they are in the building and
> b) limiting access to upper floors to two mobility impaired people on
> the grounds that only two evac chairs are held in the building.
>
> I have provided interim advice on the basis that management do have a
> responsibility for the safety and safe evacuation of the public but that
> that does not excuse them from complying with the DDA or treating people
> equally and with dignity, and that excluding people from any part of a
> building on the basis that management are not sufficiently prepared will
> not protect them from challenge under the DDA since it is clearly
> discriminatory - but I would value others' views.
>
> Regards,
>
> Vin
>
>
> Vin West
> Secretary Arfon Access Group
> Glyn Dwr
> Llandwrog Uchaf
> Caernarfon
> LL54 7RA
> 01286 880761
> [log in to unmask]
>
> ----------End of Message----------
> Run by SURFACE for more information on research, consultancy and the
> distance taught MSc. in Accessibility and Inclusive Design programme
> visit:
> http://www.surface.salford.ac.uk
> Archives for the Accessibuilt discussion list are located at
> http://www.jiscmail.ac.uk/lists/accessibuilt.html
>
> **********************************************************************
> Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.
> **********************************************************************
> Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
> **********************************************************************
>
> --
> Scanned by iCritical.
>
> ----------End of Message----------
> Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
> http://www.surface.salford.ac.uk
> Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html
----------End of Message----------
Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
http://www.surface.salford.ac.uk
Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html
|