Question

To ask the Minister for Women and Equalities, if she will take steps to tackle access refusal of people with assistance dogs by businesses.

No one should be refused access to businesses or services because they legitimately have an assistance dog.

The Equality Act 2010 places a duty on businesses and service providers to make reasonable adjustments to improve disabled people’s access to goods and services so they are not placed at a substantial disadvantage compared to non-disabled people. This reasonable adjustment duty is an anticipatory duty, meaning that those who provide goods, facilities and services to members of the public are expected to anticipate the reasonable adjustments that disabled customers may require, including auxiliary aids.

The Equality and Human Rights Commission (EHRC) is the public body responsible for enforcing the Equality Act. In 2017, the Commission published two pieces of guidance – a guide to help businesses understand what they can do to meet their legal duties to assistance dog owners, and a guide to help tourism businesses welcome people with access requirements. The EHRC supports disabled individuals who have experienced discrimination to take their cases to court.

In recent years, case law has strengthened the equalities law for people with assistance dogs. There have been a number of significant cases brought under the Equality Act involving assistance dogs, which have been successfully litigated, for example, Bloch v Kassim (assistance dogs in taxis); Clutton and Williams v Pen-y-Bryn Group (assistance dogs in restaurants); and McCafferty v Miah (assistance dogs in shops). The Equality Advisory and Support Service (EASS), the equalities and human rights helpline, receives about 35,000 customer contacts a year, more than 60% of which concern disability issues. The EASS can intervene directly with or assist the complainant to take the case up with the relevant service provider in many cases, including those involving assistance dogs.