International Assistance Dog Week is celebrated annually. This year, it was took place 3-9th August.
We understand the importance of day-to-day assistance that animals can provide to individuals living with disabilities.
Recently, it has been reported that a popular sandwich store refused entry to a woman and her assistance dog, on the basis that they "only accept guide dogs". The woman argued that her dog assisted with alleviating the symptoms of her disability and was wearing an assistance coat. However, the staff member replied: "I don't care what your dog has got on, we only accept guide dogs."
It is important to note that whilst assistance dogs will usually have formal identification on them in the form of:
- ID tags on the dog’s collar
- a harness
- an organisation-specific branded dog jacket or harness, and/or;
- a lead slip,
it is not a legal requirement for assistance dogs to wear any identification, nor possess an ID book. As such, it is unlawful for a service user to be refused access to a service with their assistance dog, if they do not have the relevant identification available.
The Equality Act 2010 requires that disabled individuals have equal access to services such as accommodation, restaurants, pubs and cafes. A disabled individual should not be placed at a disadvantage due to their need for an assistance dog. Under the 2010 Equality Act it is illegal to refuse access to a disabled person with their assistance dog, except in exceptional circumstances.
Both ADUK and the Equality and Human Rights Commission have extensive online guidance for businesses and service providers to access.
How can Stephensons help?
Our discrimination law team are seeing a rise in complaints of discrimination involving assistance animals.
If you believe that you have been subject to discrimination in relation to your need to be accompanied by an assistance dog, we have a number of specialists who could assist you with pursuing a claim for damages and injunctive relief.
Alternatively, if you are a business or service provider, and would like to understand your obligations in respect of assistance dogs, we can provide you with support and training to ensure that you act inclusively, and avoid potential litigation being brought against you.
Contact our specialist discrimination team on 0161 696 6170 today.
Blog author: Eloise Stirrup
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