http://www.yorkpress.co.uk/news/10991417.Disabled_customer_wins_York_Barbican_legal_challenge/?ref=ms
Disabled customer wins York Barbican legal challenge
Doug Paulley
Thursday 6 February 2014 / News
A DISABLED customer has won a landmark legal battle over ‘discriminatory’ ticket pricing policies at York Barbican.
Lawyers for Doug Paulley brought a legal case against the venue’s operators SMG after he was required to buy two separate full price tickets for both him and a carer who needed to accompany him to an event.
Unity Law said that after a ‘lengthy and robustly defended legal challenge,’ SMG had finally agreed the evening before the start of a trial to amend its policy.
Managing Partner Chris Fry said all Barbican visitors who needed to be accompanied by a carer would now have to pay no more than the cost of one fully priced ticket.
“This case establishes a legal precedent in relation to ticket pricing policies for disabled customers and their carers,” he said.
“By bringing his case, Doug has secured a change of policy which not only affects this venue, but also has a wide reaching impact on sports and entertainment venues across the UK.”
Mr Paulley said he had brought the case on behalf of himself and seven other people from a care home at Wetherby, who were shocked to find they were to be ‘charged double’ just because they were disabled.
“We have no choice but to rely upon carers, who we have to pay to help anyway,” he said. “I felt very strongly that this kind of policy essentially kept disabled people away from social venues, and that something had to be done.”
York Barbican spokesman Tony Watson said he was disappointed the issue had got to this stage. “We have actively worked with Mr Paulley and his representatives to gain a mutually satisfactory outcome,” he said.
“At the time Mr Paulley inquired for tickets at York Barbican, our policy was to give a discounted price ticket for a necessary carer. As this event only had one ticket price, we were unable to action our policy.”
He said the company was committed to ensuring access and enjoyment of all events was available to everyone. “As such we have clarified the policy to remove this anomaly, so that the combined total price for a visitor and carer will be equal to the cost of one full priced ticket."
http://www.attitudeiseverything.org.uk/resources/practical-guides/personal-assistant-tickets
A disabled customer's support need occasionally involves 1:1 support at all times, but is far more likely to be focussed on specific aspects of a visit to a venue, such as travel, interacting with staff, eating and drinking, being within a crowd, navigation and travel around a building, or using the toilet.
By implementing a policy that allows Deaf and disabled people to be accompanied by a Personal Assistant free of charge, event organisers are ensuring that access requirements can be met without additional cost to their disabled customers.
An individual making use of a Personal Assistant at an event does so in order to facilitate an equal experience, and waiving the cost of their attendance is thus a suitable reasonable adjustment on behalf of venue and festival organisers when seeking to comply with the Equality Act 2010.
We advocate the use of the term ‘Personal Assistant’ in relation to providing free tickets to a customer who requires assistance at a gig or festival, as this is a neutral phrase that can apply to all forms of personal support.
In contrast, sole use of the term ‘Carer’ does not reflect the reality of the majority of people, who do not require personal care assistance. ‘Personal Assistant’ is also far more appropriate for a Deaf person wishing to make use of a Communication Support Assistant, for example.
If you require
before issuing Personal Assistant tickets, we suggest stating that the following forms of copied evidence make an individual ‘automatically eligible’:
- Front page of DLA / PIP (no specific rate)
- Front page of Attendance Allowance letter (no specific rate)
- Evidence that registered severely sight impaired (blind)
- Recognised Assistance Dog ID card
- Credability's
In addition, we recommend adding a statement suggesting that you will review an application without the recommended evidence on a case-by-case basis.
We do not recommend that you explicitly ask for a doctor’s letter for automatic eligibility, as this can involve an additional cost to the disabled person.
If you have access facilities specifically for Deaf and disabled people and have a pass or wristband that you issue so that they can identify themselves, remember that you may need to issue their Personal Assistant with a pass too.
Attitude is Everything is aware that some venues are used by promoters on a solely hire-based basis, and as such in the first instance it might appear as if it is impossible to guarantee a universal free personal assistant ticket scheme.
In this situation we strongly advocate that the venue seeks to ensure that any hiring promoter understands the requirement as a reasonable adjustment and why the venue feels the need for them to implement it. This should be provided in writing to the promoter and where possible included within the hire contract.
Our CEO, Suzanne Bull MBE wrote a blog for the
on this subject and a recent legal landmark in this area.
Personal Assistant Tickets
Deaf and disabled people should be able to apply for an extra ticket, free of charge, if they would be unable to attend a gig or outdoor event without the active support of another person.
Reasoning
• A disabled customer's support need occasionally involves 1:1 support at all times, but is far more likely to be focussed on specific aspects of a visit to a venue, such as travel, interacting with staff, eating and drinking, being within a crowd, navigation and travel around a building, or using the toilet.
• By implementing a policy that allows Deaf and disabled people to be accompanied by a Personal Assistant free of charge, event organisers are ensuring that access requirements can be met without additional cost to their disabled customers.
• An individual making use of a Personal Assistant at an event does so in order to facilitate an equal experience, and waiving the cost of their attendance is thus a suitable reasonable adjustment on behalf of venue and festival organisers when seeking to comply with the Equality Act 2010.
Terminology
• We advocate the use of the term ‘Personal Assistant’ in relation to providing free tickets to a customer who requires assistance at a gig or festival, as this is a neutral phrase that can apply to all forms of personal support.
• In contrast, sole use of the term ‘Carer’ does not reflect the reality of the majority of people, who do not require personal care assistance. ‘Personal Assistant’ is also far more appropriate for a Deaf person wishing to make use of a Communication Support Assistant, for example.
Asking for evidence
• If you require proof of eligibility before issuing Personal Assistant tickets, we suggest stating that the following forms of copied evidence make an individual ‘automatically eligible’:
- Front page of DLA / PIP (no specific rate)
- Front page of Attendance Allowance letter (no specific rate)
- Evidence that registered severely sight impaired (blind)
- Recognised Assistance Dog ID card
- Credability's Access Card
• In addition, we recommend adding a statement suggesting that you will review an application without the recommended evidence on a case-by-case basis.
• We do not recommend that you explicitly ask for a doctor’s letter for automatic eligibility, as this can involve an additional cost to the disabled person.
Accreditation
• If you have access facilities specifically for Deaf and disabled people and have a pass or wristband that you issue so that they can identify themselves, remember that you may need to issue their Personal Assistant with a pass too.
Venues using external promoters
• Attitude is Everything is aware that some venues are used by promoters on a solely hire-based basis, and as such in the first instance it might appear as if it is impossible to guarantee a universal free personal assistant ticket scheme.
• In this situation we strongly advocate that the venue seeks to ensure that any hiring promoter understands the requirement as a reasonable adjustment and why the venue feels the need for them to implement it. This should be provided in writing to the promoter and where possible included within the hire contract.
The Equality Act 2010
• Our CEO, Suzanne Bull MBE wrote a blog for the Huffington Post on this subject and a recent legal landmark in this area.
"Charging a disabled supporter and their PA a total greater than the full price of one ticket for the disabled supporter (including any concession for which they are eligible) would be likely to be unlawful. Where a disabled person requires personal support in order to attend a match, if the club do seek to charge for a PA and the disabled person refuses, the club would have to make reasonable adjustments – in particular arranging their own support – to allow the disabled person to access the services they provide."
Premier League Guidance for Clubs on Disabled Fans and Customers
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