Disability discimination from local theartre

[Janet-M]

I was phoning a few theatres to book tickets for various shows I informed each of them of my sons disabilities , one of them being partially sighted and no problems at all until it came to the last one .. I was left fuming

 

in short this is what happened.....

 

I phoned up and it was busy so i was able to leave a message asking them to phone me back re disabled access and if any concessions ...

 

A woman phoned me back i explained I wanted to book to see a play but I am a carer for a disabled person who would be accompanying me .I said the person was partially sighted so would need to be close to the stage so they could see and what seats would it be best for me to book .. She told me that they don't do special seats for disabled and they allocate the seats for those people on the day . It could be the circle or the back of the stalls .I explained that neither of those options was suitable as he would be unable to see .She said there is nothing they could do as seats for those type are allocated on the day when they get here . so it depends .I told her I would like to book now and that she was making it impossible for my son to access the theartre as what would be the point in me booking if there is a chance he would be unable to see . She said well theres nothing she can do .. I asked her is she was aware of the DDA and that by denying my son the chance to visit the theartre they was in breach of this act. so breaking the law . she said she was aware of it but theres nothing she can do as the seats for these people ( disabled )will be allocated on the day and its up to the manager where he wants to sit them on the day , sometimes he prefers to sit them at the back as thats where they usually put the disabled ones .She said they do have seats at the front for wheelchairs but if he gets put there he may disturb the performace if he decides to go the toilet .I told her I was really not happy with her attitude towards disability and I would like to speak to the manager . She told me he was not available ..I asked to speak to her supervisor n she said ''well she'l only tell you the same as me '' but that she was busy n I couldn't talk to her .I again told her that she is acting unlawfully it is against the DDA act to deny me a chance to book tickets because I would not know if my son was able to see the show or not . She said we only rent this place from the council so if you have a problem you need to ring the council .

 

her tone throughout the phone call was disgusting .

 

I eventually did get put through to the managers answer phone by another employee and let a brief message explaining and asking him to call back ... still waiting

 

I now need to write in

[Michael Browne]

A letter to the local paper would proably be more effective

[Janet-M]

never thought of that Michael yes I will do that as well .

 

They are breaking the law though but I have never had this before when booking for anything I can't tell you JUST how disgusted I am and they are not going to get away with it .I think the woman who called me back would rather have all disabled people shot , as that was her tone throughout

[Janet-M]

letter I propose to send .. lol I tend to waffle so please feel free to correct any mistakes ... also I have a feeling that I do not have to send a LBA if its Disability Discimination .. does anyone know ?

 

DISCRIMINATION UNDER THE DISABILITY DISCIMINATION ACT

 

Dear Sir ,

 

After leaving a message on your booking answer phone I received a call back from one of your employees ‘*****’.I informed her that I was a carer for a disabled person and I would like to book tickets for the play Night Collar .I informed her that one of my sons disabilities is he is partially sighted so what seats would I be best best booking so he could see .She informed me that seats for these types of people are usually allocated on the day by the manager .That he may be seated in the circle or at the back of the stalls as this is where they usually put these type of people .I informed her that neither of these options was suitable as he would be unable to see .I informed her I would like to book the tickets now and that she was making it impossible to book at all as I would not know if he would be able to see or not .She informed me that there was nothing she could do they do sometimes put wheelchair users at the front but he may ruin the performance if he wanted to go the toilet . I was then informed that I could not speak to her supervisor as she was busy and I was unable to speak to you as you was unavailable .I asked her if she was aware of the DDA and that this was breaking the law .She said she was aware but there was still nothing she can do.

Her whole tone throughout the call was disgusting towards disability .

 

I did eventually get put through to your answer machine by another employee and I left you a brief message outlining my problem and asking you to return my call ..I am still waiting for you to return the call .

 

The Disability Discimination Act requires all service providers ,including the ( named theatre ),to plan ahead to meet the requirements of their disabled theartregoers .Where necassary and reasonable you must adjust the way in which you provide your service so that disabled people can use them.

 

 

I strongly suggest that you read sections 19, 20 and 21 of the DDA and inform me of how you are going to correct this unlawful behaviour, not just for my son but for future theartre goers .

 

If I have not received a response or I receive an unsatisfactory response within 14 days then I will then send you a Letter before action giving you a further 14 days after this time I will immediately commence court proceedings .

 

I am also sending a copy of this letter to ( local paper ) and (Local council who rent the place to them )

 

Regards

[seftonview]

Hi Janet,

 

I would not send that letter because it won't solicit the type of response you may need in Court action. Can you answer these questions and I will help you compose a more helpful letter.

 

1. How old is your child, and what is his name?

2. What are his disabilities? How long has he had them?

3. I note one of the disabilities is visual impairment. Is he registered with the council as sight impaired, or severely sight impaired?

4. When is the performance you wish to book for?

5. What is the legal status of the theatre company - charity/public body/corporation? If you don't know, PM me the name and address and I will ascertain for you.

 

Seftonview

[Janet-M]

1 ) my son is 16 and his name is Frankie

 

2) he is partially sighted , learning dissability and cerebral palsy ( left hemi ) he does have a wheelchair but can walk short distances so wouldn't need one for the theatre .

 

3) he is registered on the blind register as partially sighted and he is also registered on the dissability register.

 

4) I am booking well in advance so they can't use overbooked as an excuse .. aint picked a date yet as I wanted to see when they had the most suitable seats for him

Thursday 11 December - Saturday 10 January

 

Night Collar

 

 

 

• Doors Open - 6.30pm, Show 8pm; Matinee: Doors 12.30pm, Show 2pm
  
• Ticket Price - £10 - £20, tickets in stalls available
  
• Suitable For - 16+ (Some strong language)
  

5) err I'l PM you on that one

 

 

Thanks for your help

[Janet-M]

oops missed out .. he has had his disabilities from birth ... as he was born extremley premature

[seftonview]

Just to let you know I haven't forgotten about you, I'm just having some tech issues. Should have the letter to you soon!

[seftonview]

Here's the letter I drafter for you (I suggest making a cuppa before you start reading!)

 

(Date)

BY SPECIAL DELIVERY (TRACKING NO: XXXXXXX)

AND BY FIRST CLASS POST (CERTIFICATE OBTAINED)

Sir:

 

Part III, Disability Discrimination Act 1995

Alleged discrimination by a service provider in the provision of services to the public

 

Purpose

 

1. I write for my son Frankie who is sixteen years of age. I intend to act as his litigation friend pursuant to Part 21 of the Civil Procedure Rules. All correspondence relating to this matter should be directed to me until such time as I instruct counsel or you are presented with a Court Order directing otherwise.
    
   Disabilities
   
2. Frankie has a number of disabilities and health problems, including inter alia visual impairment, cerebral palsy, and learning disabilities.
   
3. Frankie is registered with the local authority as sight impaired under the National Assistance Act 1948. Registration as sight impaired is absolute confirmation of disability within the meaning of the Disability Discrimination Act 1995 ("the Act"), by virtue of the Disability Discrimination (Blind and Partially Sighted) Regulations 2003.
   
4. Frankie is also registered with the local authority as a disabled person under Chronically Sick and Disabled Persons Act 1970. Frankie's cerebral palsy impairs, inter alia, his mobility. Without aids, adaptations, support or medication he would be completely unable to walk. Even with aids, Frankie is only able to walk a few metres using two elbow crutches. Any distances in excess of this require him to use a wheelchair. Frankie's learning disabilities impairs, inter alia, his cognitive functioning. It is anticipated Frankie will have these disabilities for the rest of his life. I contend that these conditions also amount to disability within the meaning of the Act.
    
   Circumstances
   
5. On (date) at approximately (time) I spoke to a member of staff from the Box Office on the telephone. The member of staff was female and she identified herself as (name). This call came about as a result of a callback requested using your website. You telephoned me on (number).
   
6. I informed (name) that I wished to book a ticket for Frankie to come to the theatre to see 'Night Collar', which I understand is being performed at the venue between 11.12.08 and 10.01.09. Furthermore, I informed (name) that Frankie is partially sighted and would need to be seated at the front of the venue in order to be able to see, because of his restricted vision. I also informed (name) that because of Frankie's mobility problems, he would need accessible seating.
   
7. (Name) retorted that seats for "these" kind of people are allocated on the day of the performance by the venue manager. (Name) went on to state that usually "these" type of people are seated at the back of the stalls, and that it would ruin the performance for other patrons if he were to be seated at the front of the venue and he needed to leave for any reason during the performance, for example to use the toilet.
   
8. I informed (name) that I felt this policy may amount to discrimination, and I asked if she was aware of the Disability Discrimination Act. (Name) confirmed that she was aware of the Disability Discrimination Act, but stated that there was nothing she was able to do.
   
9. I asked (name) if I could speak with a manager. I was told that no managers were available, and that in any case a manager would be unable to assist further.
   
10. As a result of these circumstances, I was unable to book for Frankie to attend the performance.
     
    The law
    
11. The law provides that:-


1. it is unlawful for a provider of services to discriminate against a disabled person:-
   1. in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;
      
   2. in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;
      
   3. in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or
      
   4. in the terms on which he provides a service to the disabled person. Section 19 of the Act.
       
      

   [*]a provider of services discriminates against a disabled person if for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and he cannot show that the treatment in question is justified. Section 20 of the Act.

   [*]the relevant comparator under Section 20 of the Act is not how he treats or would treat others to which a similar reasons save for the disabled persons disability would apply, but how he treats or would treat others to whom no such reason would apply. Clark vs Novacold [1999].

   [*]where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect. Section 21(1) of the Act.

    

   Application of the law

   [*]Giving due consideration to the law, and to the circumstances of the case, I ask you to consider the following:

   1. I consider that your policy, practice and procedure relating to allocating seating to customers who are disabled within the meaning of the Act makes it impossible or unreasonably difficult to make use of the services provided.
      
   2. Namely, if Frankie is not provided with details of access arrangements that are provided in satisfaction of your duties under the Act at the time of the booking, or in any case at a reasonable point in time before the day of the performance, it prevents Frankie from having full enjoyment of the service provided, including being able to look forward to attending at the theatre and enjoy the performance on an equal footing to a person who is not disabled, without undue worry and distress concerning if he will be able to see, because of his restricted vision.
      
   3. I contend that it would be reasonable in the circumstances of the case to furnish Frankie with details of the arrangements that will be made to allow him to attend at the theatre and enjoy the performance, and that your failure to do so is contrary to Section 21(1) of the Act.
      
   4. I contend that your behaviour amounts to less favourable treatment for a reason relating to Frankie's disabilities, namely because if a person to whom the reason does not or would not apply tried to make a booking, they would be given full details of their access arrangements promptly and would therefore be able to to look forward to attending at the theatre and enjoy the performance, nor would they have undue worry or distress. I contend that you are unable to show that the treatment in question is justified, contrary to Section 20 of the Act.
      
   5. I contend that your actions amount to a refusal to provide Frankie with a service that you would otherwise provide to members of the public, in particular because (name) confirmed that she was aware of the Act, but that there was 'nothing she was able to do', and because she referred to disabled people in a derogatory manner, namely as "those" people, contrary to Section 19 of the Act.
       
      My expectations
      

   [*]I expect that, by no later than 4pm on (date about three weeks from the day you send the letter), you:-

   1. provide a written apology for your failures under the Act as documented within this letter;
      
   2. provide an explanation of your current policies, practices and procedures where relevant to this letter, and the adjustments you propose to make to them;
      
   3. provide an undertaking not to discriminate against Frankie for reasons relating to his disability;
      
   4. provide an undertaking to consider the grievances raised in this letter, and to take appropriate remedial action to enable Frankie to attend the theatre and enjoy the performance; and
      
   5. make a reasonable offer of compensation in respect of your breach of the Act.
       
      In default of compliance
      

   [*]Should you fail to comply with 13(1) to 13(5), I will have no alternative but to institute proceedings in the Court against you. Should this be necessary, I will seek damages of not exceeding £5,000, a declaration that Frankie has been discriminated against, and an injunction to prevent further discrimination against Frankie.

   [*]I would bring to your attention that, should it be necessary to institute proceedings, the Claimant only has to prove, on the balance of probabilities, that the Act has been contravened prima facie. The burden of proof then falls to the Defendant to prove, on the balance of probabilities, that he has complied with the Act.

   Yours sincerely,

    

   Janet-M

    

   I've structured the letter so that it should only need minor changes to form a particulars of claim should it be necessary to go to court.

    

   Let me know if you have any questions before you send it off, or if you'd like me to explain anything.

    

   Seftonview

   
   

Edited August 12, 2008 by seftonview

[Janet-M]

OMG that is a fantastic letter ,Thank you so much for taking the time and effort to write it for me it is very much appreciated .

 

I need to PM you over something though

[Janet-M]

Letter now sent by special post .

It will get there before 1pm tomorrow

[seftonview]

Great!

 

By what date did you specify they should respond?

[Janet-M]

I gave them 14 days from tomorrow 27th August

 

as when I have done other claims it usually 14 days first letter n 14 days LBA .. you said between 14 to 21 days so I hope thats ok

 

I had to change it very slightly re how Frankies disabilities affect him but I think it was just 2 sentences .

 

Now I will just not answer the phone tomorrow ,I have an answer machine anyway .

[seftonview]

Could you PM me with a copy of the letter with all the amendments you made? Just so that, when they respond, I've got 100% the right info to help you move this forward.

[Janet-M]

I just now hope, more then anything ,they change their policies and no other disabled person phones up and is treated with such contempt . It makes my blood boil .

 

 

Could you PM me with a copy of the letter with all the amendments you made? Just so that, when they respond, I've got 100% the right info to help you move this forward.

of course I will

[seftonview]

I've been asked to clarify something about the letter I've provided in this thread.

 

Should you fail to comply with [my requests], I will have no alternative but to institute proceedings in the Court against you. Should this be necessary, I will seek damages ... , a declaration that ... has been discriminated against, and an injunction to prevent further discrimination against ... .

 

The Courts basically have three powers in relation to claims made under Part III (Goods and Services, Premises etc) of the DDA.

 

The first is the power to award damages. Unlike most other awards for damages, damages can be awarded for injury to feelings even if no other damage has been caused (Schedule 3, Part 2 of the DDA). This means that in cases where no loss has been caused, but the disabled person has been angered/frustrated/upset by the discriminatory act, damages may still be awarded.

 

The second is the power to make a declaration that a person has been discriminated against. But, what is the purpose of such a declaration? It isn't explained within the statute what exactly it achieves, and in itself it doesnt entitle the disabled person to any other remedies. My impression and understanding is that, given the Act is concerned in part with compensating injury to feelings when discrimination occurs, this serves as a next-best to obtaining an apology from the Defendant. The Court cannot force them to say sorry, but he can say without a doubt that their actions are declared to be unlawful.

 

The third is the power to grant an injunction to restrain further discrimination. This serves to ensure that, should the defendant repeat their actions and discriminate again, the previous case can be brought to the Courts attention and be punishable as both contempt and contravention of the DDA.

[Janet-M]

Thank you again for taking the time to explain it .

 

Your help is very much appreciated

[Janet-M]

They had until 4pm today to reply and nothing.

 

I will wait a few more days before sending LB

[freebird]

Jan, which Theatre was it? If you don't want to post for legal reasons, PM me.

 

Would you be prepared to copy in North West Disabilty Arts.

NWDAF - North West Disability Arts Forum - Disability and Deaf Arts Organisation

I know Ruth Gould one of the Directors there and Ruth delivers disability awareness training. Ruth is their creative director and I feel sure that she will be interested to know about this discrimination and also their disgusting attitude..

 

Have a look at their web site, Jan. They are such a good organisation and promote arts for people with disabilities, through out Liverpool and the North West. They are based in the Bluecoat.

[freebird]

PS

SV brilliant letter

[Janet-M]

Finally got round to sending my LBA today

I have given them until 22nd September to reply .

 

 

Freebird I have sent you a PM love ... sorry I was so late answering you it's been one thing after the other this past week so I have hardly been online .

 

I am aware of the NWDAF as Frankie has been involved in it for years .. this is the 1st year he hasn't performed in the DADA fest but cheers for the link

Edited September 6, 2008 by Janet-M

[Bookworm]

sorry I was so late answering you it's been one thing after the other this past week so I have hardly been online .

Yeah, and we all know what those things have been, don't we? P*sshead.

[Janet-M]

Yeah, and we all know what those things have been, don't we? P*sshead.

why do you call yourself P*sshead when you sign ?

 

I bloody wish it was that .. ok maybe first day was

.. this is the 1st year he hasn't performed in the DADA fest

as hes just informed me .. he is in it again this year .. oh well nice for the school to keep me informed

[seftonview]

Any news?