Although I’m feeling militant whilst listening to Guns’n’Roses only 2 people have asked me about how their situations could be applied to the DDA (Disability Discrimination Act).
I’ll first consider the plight of a young lady who whilst at the cinema with her care worker was told not to make sounds. I’ve had a little bit of a research and although this isn’t covered by the DDA it is covered by the Equality Act of 2010.
“The Equality Act 2010 (EA) gives disabled people important rights of access to everyday services. Service providers have an obligation to make reasonable adjustments to premises or to the way they provide a service.”
The Equality Act of 2010 covers services that you would access as part of everyday life such as services provided by local councils, doctors surgeries, shops, hotels, banks, pubs, post offices, theatres, hairdressers, places of worship, courts and voluntary groups such as play groups. Non-educational services provided by schools are also included.
“Under the Equality Act 2010 it is unlawful for service providers to treat disabled people less favourably because they are disabled. The service provider must not indirectly discriminate against a disabled person unless there is a clear reason to do so.
Also service providers must not treat a disabled person unfavourably because of something connected with their disability, unless there is a clear and fair reason. For this form of discrimination the service provider must know or should reasonably have been expected to know that the person is disabled.
A service provider must not harass a disabled person in relation to access to everyday services.”
In most cases it is quite obvious to the service provider that a customer has a disability however there are still many people out there how know very little about TS and it’s symptoms. It was a great shock to come across a pub landlord (a young guy with waist length dreadlocks) who knew nothing about TS and told us “to keep it down ladies” We were honestly shocked with regards to this man’s ignorance, had he been in some kind of media-free bubble?….Pete Bennett, does the name ring any bells?….apparently not! We left after we finished that round of drinks. Going back to our friend at the cinema the service provider (Cineworld) would have discriminated against her had the jobs-worth known about TS, but in my opinion the real villain in this piece was the care-worker who also told her to be quiet and asked her to stop ticcing.
Extracts from - direct.gov.uk/en/DisabledPe...
With regards to the second query where a teenager with TS received an inappropriate school report, I’ve seen this school report myself where staff have mentioned his “silly noises, inappropriate comments etc...etc...” all these behaviours are quite typical TS and could apply to myself, a 37 year old woman not a teenage boy. Here’s something that you might find interesting, read example 1…
teachernet.gov.uk/wholescho...
I hope this has been helpful, if there is anything you’d like to ask me please ask away.
Catherine x
