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Taking service providers to court: people with learning disabilities and Part III of the Disability Discrimination Act 1995
Author(s) -
Lerpiniere Jennifer,
Stalker Kirsten
Publication year - 2010
Publication title -
british journal of learning disabilities
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.633
H-Index - 39
eISSN - 1468-3156
pISSN - 1354-4187
DOI - 10.1111/j.1468-3156.2009.00595.x
Subject(s) - complaint , learning disability , legislature , service provider , law , commission , service (business) , legislation , public relations , political science , business , medicine , marketing , psychiatry
Accessible summary• Many people with learning disabilities experience unfair treatment when they go to shops, banks or pubs. • Very few people take legal action or go to court about the unfair treatment they experience. • It can be difficult for a judge to decide if treatment is unfair if, e.g., a sports centre gives free carer’s tickets to some disabled people but not to others. • It is easier for a judge to decide treatment is unfair if a person with learning disabilities has been refused something. For example, if someone was refused a tattoo even though other customers were not refused.Summary Despite evidence of poor service provision for people with learning disabilities in the UK (e.g. DRC, Code of practice. Rights of access: services to the public, public authority functions, private clubs and premises . London: The Stationery Office, 2006; Sloan, J Inform Law Tech [electronic journal], 2001), very little use has been made of Part III (Goods, Facilities and Services) of the Disability Discrimination Act 1995 by people with learning disabilities (personal communication, Disability Rights Commission Conciliation Management Unit). Difficulties faced by individuals who might consider pursuing a claim against a service provider are well‐documented and include stress, time and financial constraints ( Crit Soc Policy , 20: 533–549, 2000). Once a complaint has been made or a claim lodged other legislative barriers can make it difficult to pursue a case ( Industr Law J , 32: 164–184, 2003). The aim of this article is to investigate the effectiveness of legislative use of Part III of the Disability Discrimination Act 1995 in promoting equality for people with learning disabilities. Effectiveness will be gauged through analysis of the legal process engaged in by two people with learning disabilities who made claims against service providers under Part III of this Act.