Refusing Support Animals: Some Practical Pointers.

This weekend BBC Reporter Shaun Dilley’s published his story about his recent experience of being refused access to a restaurant because he had a Guide Dog (also called Shawn).

Shaun was born with congenital blindness and has been assisted with Guide Dogs for 25 years. He has not been shy about exposing the attitudinal and access barriers he has faced and this is so important in terms of raising awareness and empowering other disabled people to push for change.

In early 2024 Siobhan Meade @BlindGirlVlogs tried to book into the Old Street, London Hampton by Hilton Hotel but was informed that “Service animals are not allowed”.

I was pleased to work with Peter White on the BBC In Touch programme to talk about the implications according to the Equality Act 2010.

14 years after the Equality Act it’s ridiculous that restaurants, hotels and taxis still refuse service animals and get away with it when the law is so clear.

This note sets out what the law is on this, what can be done about it and some cases I’ve worked on which show real world outcomes.

Refusing access to someone with sight loss is treating someone unfavourably because of something arising directly in relation to disability or alternatively treating someone less favourably because of their disability – in this case reliance upon a Guide Dog. This is covered by sections 13 and 15 of the Equality Act 2010.

More to the point, a policy of not accepting bookings for people with service animals causes people with sight loss like Sean and Siobhan to face a substantial disadvantage in using the service in comparison with persons who are not disabled.

A Guide Dog is an ‘auxiliary aid’ just like a wheelchair. It provides additional support of assistance to a disabled person, so having a policy which denies one is discriminatory.

The Equality Act can help change that because the Court can require a change of policy, order compensation for the actual loss associated by the service refusal and also the impact on emotional wellbeing…. known as ‘Injury to Feelings’ which on a one-off event may be between £1.5K and £9K.

Over the last decade I have been constantly involved with cases about taxis, restaurants and hotels  cancelling bookings for people with service animals. Often these result in dual approaches; challenges through licensing of otherwise against the employer. In my view, there is little to be gained in terms of delivering real change by removing a taxi license from an individual and much more to be gained from providing better training and support from the companies that employ the drivers.

I have settled cases involving multinational taxi companies on this basis, subject to confidentiality over many years. The key to successful cases is being able to establish the facts by screenshotting bookings, and making data subject access requests.

Restaurants are also often guilty of refusing access to service animals citing health and safety issues but again service animals are not to be excluded. In Sean’s case he had the presence of mind in a stressful situation to collect information and witnesses.

That’s super important.

About 5 years ago, I was involved with a Guide Dogs Taskforce which came up with the following practical suggestions:

Training to Guide Dog/Assistance Dog Owners

Responding to access refusals covered in initial training on taking on a support animal to include an emphasis on importance of reporting for stats (policy and campaigning purposes) even if subsequently let in and of different enforcement mechanisms (even if let in)

Recording Refusals

Guide Dogs and various other Support animal organisation should join together to create a resource to ensure that all refusals are recorded so that there is accurate data on the number of refusals, venues (taxis, shops, restaurants) and geographic locations. This could be used for both national and regional lobbying work.

Resources

We need to find a way of making information on the law and enforcement clearer.

Could it be possible to provide cards (postcard size)  which can be given to service providers who refuse service (or provide a lower standard of service). These could set out the legal position and effectively act as the first stage complaint ‘letter’ which may well resolve many issues without escalated conflict or having to ‘go legal’.

Licensing

People should routinely report access refusals to licensing authorities with a request that they take action to prevent any future recurrences.

Information may then be requested by Freedom of Information requests leaving it open to writing to the Home Office  to discuss the possibility of amending the ‘Revised guidance issued under section 182 of Licensing Act 2003’ to include information about equality/access refusals to encourage local licensing authorities to amend their own guidance and act on access refusals, specifically to consider introducing “disabled access and facilities statements” into UK licensing law.

Legal enforcement:  County Court

Assistance animal users should pursue County court claims in cases of services/premises refusals. Most of these will be Small Claims cases which do not involve costs risk but which may involve paying a percentage of compensation to legal representatives.

The Court can Order changes of policy/practice as well as compensation. This creates an effective and long lasting change.

Of course, there’s more work to do on service animals which are not dogs and this is something I am interested in exploring further.

Free Resources

Thanks to a pro bono arrangement we have funded by the Access to Justice Foundation and in association with Disability Rights UK Inspire Legal Group can assist with advice on issues arising in these cases by providing free templates and initial advice. Thanks also to input over the years from Jon Attenborough Gavin Neate RNIB