Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment she has made of the potential merits of a requirement to ensure all venues have (a) toilets accessible to wheelchair users and (b) clear information that there are no accessible toilets for wheelchair users.

Under the Equality Act 2010, businesses that provide goods and services to the public are required not to discriminate against disabled people. The Act also places an anticipatory duty on service providers to make reasonable adjustments to improve access to premises/buildings and services so that disabled customers have the same access to goods and services and are not placed at a substantial disadvantage compared to non-disabled customers. This duty is anticipatory, meaning that service providers are expected to foresee the requirements of disabled people and the reasonable adjustments that may have to be made for them. This includes the provision of disabled toilets and wheelchair access.

The Act recognises the need to strike a balance between the needs of disabled people and the interests of service providers. What is ‘reasonable’ will vary from one situation to another, depending on the circumstances of the case. This is because factors like the practicability of making the adjustment, the cost of the adjustment and the resources available to an organisation, will vary from one situation to another. In the event of a claim of disability discrimination, it will ultimately be for the courts to decide on a case-by-case basis, what reasonable adjustments should be made for a particular disabled service-user, taking into account all relevant circumstances of the case.