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mr.aedwards  
#1 Posted : 11 May 2010 11:27:25(UTC)
Rank: Forum user
mr.aedwards

We are holding a public event in the not too distant future. We have made the stance that mobility scooters will not be allowed on site due to the possibility of damage to the building (listed status) and the possibility of damage to goods on display, and the interaction between mobilty scooter and pedestrians;we are expecting upwards of 2000 people on site. Wheel chairs are permitted and we have the facility to get the wheelchairs up small flights of stairs (6 steps) using ramps, we also have disabled toilet facilities.

I have had a telephone call from an irrate member of the public stating that we are discriminating against disabled people, I believe we have made "reasonable adjustments".

Your comments would be greatly appreciated.

regards

Tony
firesafety101  
#2 Posted : 11 May 2010 11:59:33(UTC)
Rank: Super forum user
firesafety101

You say "reasonable adjustments" but for what? For who?

You are to accommodate disabled persons in wheelchairs but not disabled persons on mobility scooters. This is positive discrimination and you are wide open for a complaint.

Some people have and use a mobility scooter and I would like to know further information about your public event so that I can attend with my scooter just to make a point.

What is the difference between a mobility scooter and a powered wheelchair?

Whatever your event is scooter users would be unable to get around if they do not have a wheelchair.
m  
#3 Posted : 11 May 2010 12:54:25(UTC)
Rank: Super forum user
m

I agree with Chris on this. If you can cope with a wheel chair then a scooter should be able to be accepted too. One 'reasonable adjustment' would be to comment on any restricted widths ie doorways that a scooter may not be able to get through.

How about a speed limit on the site whereby scooters are not allowed to overtake pedestrians?

It's a tricky one and you need to phrase any ban to ensure that you are making reasonable adjustments

Seamusosullivan  
#4 Posted : 11 May 2010 13:02:46(UTC)
Rank: Forum user
Seamusosullivan

mr.aedwards wrote:
we also have disabled toilet facilities.



Your comments would be greatly appreciated.

regards

Tony


Not being too picky, just beware a disabled toilet is one that is not working or indeed disconnected, perhaps you mean a toilet suitable for persons with a disablity. Are you sure the toilet facitities are adequate, my experience are that many can not take modern power chairs.
Seamusosullivan  
#5 Posted : 11 May 2010 13:05:05(UTC)
Rank: Forum user
Seamusosullivan

Some may not have wheelchairs and now only use scooters. I think you really need to review your plans.
Corfield35303  
#6 Posted : 11 May 2010 13:28:08(UTC)
Rank: Forum user
Corfield35303

Is your event inside or outside? And what type of event is it?

There is plenty of difference between mobility scooters and wheelchairs, and even between different types of mobility scooters. The larger type of mobility scoosters (usually have indicators) are really meant for outdoor use, the smaller type of mobility scooters (the type you might see for use in a supermarket) have a lower top speed, and are lighter, and very similar in many ways to powered wheelchairs .

For reasons of safety it is entirely reasonable to 'ban' the larger faster mobility scooters from being used indoors, perhaps even the lighter type of mobility scooter if there are space/safety constraints. You would instead need to consider how these people might access your goods and services, perhaps providing wheelchairs for people with mobility problems (or big old mobility scooters) to use.

Under DDA your obligation is to provide access to goods and services, so not all parts of the site have to be accessible to people with mobility problems, if the goods and services are available in a place that does have access.
RAFAT Gaz  
#7 Posted : 11 May 2010 13:32:52(UTC)
Rank: New forum user
RAFAT Gaz

How can you justify your decision to ban mobility scooters on the grounds that they could damage the building or goods?

Are you also banning children, who, by their very nature like to touch and feel things on a day out?

I feel that the member of public is right to be aggrieved and you are in fact discriminating against not just disabled but elderly or infirm members of the public who rely on their scooters for their independence.
mr.aedwards  
#8 Posted : 11 May 2010 13:39:26(UTC)
Rank: Forum user
mr.aedwards

Thanks for the replys so far. Chris are you saying by not allowing mobility scooters on site we are in breach of the DDA? We are a Military establishment and the only assess to the site on the day of the event will be via park and ride buses to site.

Regards

tony
Corfield35303  
#9 Posted : 11 May 2010 13:59:43(UTC)
Rank: Forum user
Corfield35303

mr.aedwards wrote:
Thanks for the replys so far. Chris are you saying by not allowing mobility scooters on site we are in breach of the DDA? We are a Military establishment and the only assess to the site on the day of the event will be via park and ride buses to site.

Regards

tony


I guess you are having an open day at a military site, if you rely on buses to take people to the site then you'll be limited as to what you can get on a bus anyway, only the smallest mobility scooters and wheelchairs are going to get on a bus.

http://www.dft.gov.uk/tr...ryou/access/tipws/cmspt/

If people with disabilities are allowed to drive to the site then they will only have lightweight scooters or wheelchairs available in the boot, if someone uses a class 3 vehicle (a big mobility scooter) to get to the site, then you are being entirely reasonable in requiring these larger vehicles to be used outdoors only, and have available a couple of wheelchairs for these people to use.

You may wish to research the different types of mobility scooters and plan accordingly, they arent all the same, it is sensible to restrict use of some, whilst also allowing use of others.
wazimu0  
#10 Posted : 11 May 2010 14:48:27(UTC)
Rank: Guest
Guest

mr.aedwards wrote:
are you saying by not allowing mobility scooters on site we are in breach of the DDA?
tony


Just to update those who aren’t aware, DDA no longer is in effect, along with a very large number of equality legislation.

We should now be referring to the Equality Act 2010.

http://www.opsi.gov.uk/a...df/ukpga_20100015_en.pdf

mr.aedwards, you might find your answers in the new legislation.
mr.aedwards  
#11 Posted : 11 May 2010 14:59:55(UTC)
Rank: Forum user
mr.aedwards

Thanks very much for the link. I have limited knowledge/experience of individuals within the workplace who have mobility problems and will be researching this area to broaden my knowledge. In the workplace are mobility scooters now used more than wheelchairs and if so what issue do both users and employers face?

Regards Tony
Corfield35303  
#12 Posted : 11 May 2010 16:26:04(UTC)
Rank: Forum user
Corfield35303

wazimu0 wrote:
mr.aedwards wrote:
are you saying by not allowing mobility scooters on site we are in breach of the DDA?
tony


Just to update those who aren’t aware, DDA no longer is in effect, along with a very large number of equality legislation.

We should now be referring to the Equality Act 2010.

http://www.opsi.gov.uk/a...df/ukpga_20100015_en.pdf

mr.aedwards, you might find your answers in the new legislation.


Wazimu:

Just to clarify, the equality act will (new government willing) start to implement some new equality requirements from Autumn this year, these new requirements are quite distinct to the disbality requirements in the DDA. ACOP's will be produced in the long term to detail the appropriate way in which disability issues should be managed, however the ACOP and other aspects for disability (that might replace the DDA) have not been produced as yet, so the DDA will remain in place for the forseeable future as the main legislation regarding disability discrimination.

Tony: The equality and human rights commission (0845 604 6610) have plenty of useful information and advice available.
firesafety101  
#13 Posted : 11 May 2010 16:29:33(UTC)
Rank: Super forum user
firesafety101

251 pages - has anyone read them all yet?

Is there an ACOP?

If I can't get my boot scooter onto your bus there will be a complaint unless you can prove an exemption as you are a military establishment.
Corfield35303  
#14 Posted : 11 May 2010 16:41:51(UTC)
Rank: Forum user
Corfield35303

ChrisBurns wrote:
251 pages - has anyone read them all yet?

Is there an ACOP?

If I can't get my boot scooter onto your bus there will be a complaint unless you can prove an exemption as you are a military establishment.


That'll be on page 251.......
firesafety101  
#15 Posted : 11 May 2010 16:56:40(UTC)
Rank: Super forum user
firesafety101

I just think it's great that someone asks a question and then we all learn about a new set of Regs. (I should get to page 251 about the middle of August???????????)
martinw  
#16 Posted : 11 May 2010 19:27:53(UTC)
Rank: Super forum user
martinw

Chris, the Equality Act has been debated in the press and on forums for ages now, although not necessarily on purely H&S forums like this one. The practicalities are yet to go to ACOP as is said above and then we will wait for case law/ET decisions. Certainly there has been more on this regarding transport and the acceptance of mobility scooters, and I know that Manchester has banned mobility scooters on their trams from day one for safety reasons.
Not all who use mobility scooters use them because they are disabled. They are used sometimes as secondary and even tertiary mobility tools. Often they are used by those who are not disabled but have limited mobility due to being elderly - not a disability. Quite a few shops do not allow the scooters into their shops but this is not also the problem, as some who use them can get out and do the shopping by walking within the shop, without having the mobility to carry the shopping while walking home themselves. I have seen policies that include access to the doors of places but then if a disabled person wishes to enter, has to transfer to a wheelchair due to the limitations of the dimensions of the place which they are entering, especially if the place is a listed building, which is one of the previously listed potential exemptions. Wheelchairs can rotate on their axes which scooters due to their size can not in most cases, which makes them more likely to block escape of the users and of others.
Going to demonstrate about that to make a point?
firesafety101  
#17 Posted : 11 May 2010 22:18:55(UTC)
Rank: Super forum user
firesafety101

Martin, thanks for the info re the regs.

I use a scooter on occasions when there is more than a short distance to go and, as you say can park up and walk around a small shop, standing is my biggest problem so I sit whenever I can.

The scooter gives me the freedom to visit places otherwise not possible for me, like football matches and the town centre. I am lucky in that respect, where the loo is concerned I don't have to drive in but do if possible as I don't trust leaving the scooter outside unattended. if I have shopping with me I have to carry it into from the scooter, imagine that - put your shopping bags down on a toilet floor if you will?

There is more than on type of scooter, an 8mph version is made for road use and is the larger type with lights, indicators etc. Mine comes apart to fit in the boot, tortoise pace is as fast as I can travel.

The biggest problem I experience when in crowds is I seem to be invisible, people do not look down and tend to walk into me, as opposed to me driving into them.

I do have a disability - that's why I have the scooter, and should be allowed access to anywhere non disabled people are allowed, including public transport.
Seamusosullivan  
#18 Posted : 12 May 2010 07:28:24(UTC)
Rank: Forum user
Seamusosullivan

mr.aedwards wrote:
we are expecting upwards of 2000 people on site. Wheel chairs are permitted and we have the facility to get the wheelchairs up small flights of stairs (6 steps) using ramps,
Tony



hopefully you have addressed evacuation procedures,

Are mobility dogs allowed?
Invictus  
#19 Posted : 12 May 2010 07:44:15(UTC)
Rank: Super forum user
Invictus

Here we go ask for information and everyone jumps down his throat, or plays the I'm disabled card and I'll sue. The person was asking was it reasonable? Sometimes we have to look at what is and what isn't. Maybe it is felt that the mobility scooters are more risky not just to people but to the fabric of the building and the 'are you letting children in' remark isn't the same, as someone whizzing around a small area hitting people in the ankles. I may attend and if anyone in a mobility chair hits me in the ankles the 'i'll sue' as I believe that the place has a duty of care to me.

How many of you know the building in question? It may be reasonable to allow a wheelchair but not a mobility scooter.

Twinklemel  
#20 Posted : 12 May 2010 09:07:56(UTC)
Rank: Forum user
Twinklemel

farrell, I've read the thread and can't see anyone threatening to sue until you mentioned it. As for "plays the disabled card" that's just downright derogatory and uncalled for.
Seamusosullivan  
#21 Posted : 12 May 2010 09:43:42(UTC)
Rank: Forum user
Seamusosullivan

mr.aedwards wrote:
Wheel chairs are permitted and we have the facility to get the wheelchairs up small flights of stairs (6 steps) using ramps,



Ensure the ramps are suitable because some power chairs are very heavy.

Perhaps you could consider providing stewards to push manual wheelchairs around the premises. Just an idea.
Invictus  
#22 Posted : 12 May 2010 09:59:35(UTC)
Rank: Super forum user
Invictus

Twinklemel wrote:
farrell, I've read the thread and can't see anyone threatening to sue until you mentioned it. As for "plays the disabled card" that's just downright derogatory and uncalled for.


Sorry your right it does only say make a compliant so I stand corrected.
Paul Duell  
#23 Posted : 12 May 2010 10:34:25(UTC)
Rank: Forum user
Paul Duell

ChrisBurns wrote:
...should be allowed access to anywhere non disabled people are allowed, including public transport.


I'll meet you on the summit of Scafell in September. Good luck getting up there.

I don't mean that anywhere near as harshly as it sounds, but I agree with the point I think Farrell was trying to make - the OP has an event going on, because of the constraints of the building they can't make it accessible to absolutely everyone but it certainly sounds like they've done their best and made reasonable adjustments. If we're not careful the outcome is going to be that organisations like the OPs simply won't arrange open days for anyone, just in case there's someone they can't give access to. If that happens, no-one gains and a substantial number of people lose.

ChrisBurns wrote:
If I can't get my boot scooter onto your bus there will be a complaint.


One of my weekend activities is driving a minibus for the local church: We have a wheelchair lift onto the bus, and securing straps for the wheelchair and seatbelts designed to be suitable for the wheelchair user - but our standard instructions (provided by the organisation from whom the church borrows the minibus) state that we DON'T carry mobility scooters OR certain types of wheelchair, as the scooters can't be adequately restrained and in wheelchairs not designed for transportation, the seat belts don't work safely. The larger type 3 scooters couldn't even be loaded as they're too heavy for the lift.

What's the solution? As I've said above, if the minibus owners are forced to make their transport accessible for everyone and every type of chair, they'll simply withdraw it and it won't be available for anyone. No-one wins, and a number of people who currently rely on the service to get around will lose out.
firesafety101  
#24 Posted : 12 May 2010 10:53:44(UTC)
Rank: Super forum user
firesafety101

OK I'm taking this personally.

I've been up Scafell and don't want to go there again, even if I did I would not even try it on a mobility scooter - I'm not that daft.

I was in Florida last year and the buses loaded wheelchair and scooter users with no trouble at all. If they can do it why can't we over here?

Your local church - are there scooter users wanting to go on the bus? If not - no problem, but if there are what do they do?

In my opinion the organisers of this open day have anticipated a problem that may not exist, why not allow scooters in but have a degree of supervision and guide those people to areas suitable and prevent access to other areas.

We scooter users are not unreasonable people but I get angry when I see the automatic ban without consideration.



Paul Duell  
#25 Posted : 12 May 2010 11:17:41(UTC)
Rank: Forum user
Paul Duell

ChrisBurns wrote:
I was in Florida last year and the buses loaded wheelchair and scooter users with no trouble at all. If they can do it why can't we over here?

Your local church - are there scooter users wanting to go on the bus? If not - no problem, but if there are what do they do?


I don't know why the USA can do it and we can't, but I'd start by asking, were the chairs and scooters restrained (i.e. strapped down or prevented from moving in some way other than just using the brakes), and were all the wheelchair users wearing seat belts? If not, there's the answer - US law regarding minibus passengers being strapped in seems to be different to UK.

Second question - I don't know as I'm not the administrator of the scheme - there may be some who've asked and been turned away, but if there are I don't know about them. We used to have a regular passenger who was a scooter user, when the situation was explained she just used her ordinary wheelchair on church days, with the assistance of people from the church. She's moved away from the area now, I don't know what her new church do.

ChrisBurns wrote:
We scooter users are not unreasonable people but I get angry when I see the automatic ban without consideration.

I think as health and safety people we ALL get angry when we see things automatically banned without consideration. But the flip side of that coin is an expectation that - as you said - ALL areas will be accessible to everyone, if they're accessible to anyone. Sometimes that provision is only possible (if it's possible at all) at huge expense financially and organisationally, and
a) unreasonable for an organisation planning a one-off open day, even if they could afford it
b) completely beyond the resources of a community organisation.
firesafety101  
#26 Posted : 12 May 2010 12:13:48(UTC)
Rank: Super forum user
firesafety101

Paul,

Florida - wheelchair user, my daughter, chair locked down and user belted in by wheelchair belt and bus belt as well. My scooter locked down and I sat on one of the regular seats in the bus.

Ample space set aside for two wheelchairs or scooters.

If the bus did not have a set aside space for my scooter it would have folded and gone in the boot/storage space. I don't use it all the time anyway. No worries there.

I think as a one off I understand the ban on scooter users as this is quite the easiest solution. however it is not right that some disabled people can still be discriminated against, even for a one off.

There are lots of buses out there now with top notch access but people tend to look for a cheaper option. I get that all the time with my daughter's school so well used to it now.



Invictus  
#27 Posted : 12 May 2010 13:20:53(UTC)
Rank: Super forum user
Invictus

ChrisBurns wrote:
OK I'm taking this personally.

I've been up Scafell and don't want to go there again, even if I did I would not even try it on a mobility scooter - I'm not that daft.

I was in Florida last year and the buses loaded wheelchair and scooter users with no trouble at all. If they can do it why can't we over here?

Your local church - are there scooter users wanting to go on the bus? If not - no problem, but if there are what do they do?

In my opinion the organisers of this open day have anticipated a problem that may not exist, why not allow scooters in but have a degree of supervision and guide those people to areas suitable and prevent access to other areas.

We scooter users are not unreasonable people but I get angry when I see the automatic ban without consideration.





They appear to have considered it but because it's not acceptable to some it's not right or fair. I am not disabled so to be perfectly honest don't know all the implications, maybe a little bit further and invite someone in ina mobilitiy chair and make an assessment from there.

Health and Safety is about anticipating a problem anb putting what we consider reasonable controls in place.

As said earlier I am not disabled but I have had reason to complain when put in a hotel room that was designated for disabled persons. I didn't feel it was suitable for able bodied people, or not suitable for me.

There must bbe away that all aspects can be addressed prior to coming to a conclusion.
Seamusosullivan  
#28 Posted : 12 May 2010 21:33:42(UTC)
Rank: Forum user
Seamusosullivan

farrell wrote:


Health and Safety is about anticipating a problem anb putting what we consider reasonable controls in place.
There must bbe away that all aspects can be addressed prior to coming to a conclusion.


Sometimes peoples rights are involved.
Invictus  
#29 Posted : 13 May 2010 07:00:52(UTC)
Rank: Super forum user
Invictus

seamusosullivan wrote:
farrell wrote:


Health and Safety is about anticipating a problem anb putting what we consider reasonable controls in place.
There must bbe away that all aspects can be addressed prior to coming to a conclusion.


Sometimes peoples rights are involved.


I agree but what do you put first peoples rights or peoples safety. If you put more people at risk than you offend then sometimes you have to make that choice. What I am saying if you have not considered all options by having persons in mobility scooters prior to opening and assessing then it's difficult to come to the right conclusion.
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