Equality and Human Rights Commission

If transport providers are found to be treating someone less favourably because of their disability, they are obliged by law to make ‘reasonable adjustments’ to their services, vehicles or infrastructure to redress the problem. This duty is ‘anticipatory’: ie transport providers should expect that people with accessibility problems, such as disabled people, will use their vehicles. They should consider what adjustments might be needed and put the necessary arrangements in place without waiting to be asked.

The Disability Discrimination Act requires transport providers to take reasonable steps to:

• change a policy, practice or procedure which makes it impossible or very difficult for a disabled person to get on or off a vehicle, or to use any services on the vehicle (for example, a buffet car),
• provide extra help or information to a disabled person so that they can get on, travel on and get off a vehicle or use any services on the vehicle.

You may therefore have been unlawfully discriminated against if you find it impossible or unreasonably difficult to use the service due to a practice, policy or procedure which the provider has not taken reasonable steps to change.

Example: Failure to change practice

A train operator has a policy allowing only those passengers who have purchased appropriate tickets to sit in first class. However, on a particular service, the accessible toilet in standard class is out of order, leaving only an accessible toilet in first class available for passengers who use wheelchairs. A wheelchair user who is travelling in standard class is unable to access the toilet by moving through the train. Unless the train operator is prepared to waive its policy and allow the wheelchair user to sit in first class in order to have access to the accessible toilet, the effect of its policy is to make it unreasonably difficult for the disabled passenger to use the train. This is likely to be unlawful.

Another example would be a transport provider failing to take reasonable steps to make information available on audio tape or CD, or to provide a sign language interpreter.

Example: Changing practice for disabled access

As part of general customer service information on its train services, a train operator indicates that if a passenger cannot access the train buffet for a disability-related reason, they can have an at-seat service and should ask a member of the on-board staff for assistance. This trolley service helps to ensure that the train buffet services are accessible to disabled people.