Assistance dogs: A guide for businesses and service providers

This guide is for you if: 

• you offer a service to members of the public, whether for payment or not,
• you run a private business 

It explains what your legal duties are to assistance dog owners under the Equality Act 2010, and how you can meet them. There is often no additional cost to you.

This guidance covers Part 3 Equality Act 2010 (Services and Public Functions), but not Part 12 (Disabled persons: transport) or Part 4 (Premises). 

Assistance dogs are not pets. They are an aid to provide additional support or assistance to a disabled person.

Thousands of disabled people rely on an assistance dog to help them with day to day activities that many people take for granted. It is not only blind people that are helped by assistance dogs.

Assistance dogs are also trained to help people with hearing difficulties, epilepsy, diabetes, physical mobility problems and more. Assistance dogs carry out a variety of practical tasks for people as well as supporting their independence and confidence.

Does this guidance cover dogs as emotional support animals?

Emotional support animals (ESAs) are not defined in the Equality Act 2010. Service providers are required to make reasonable adjustments for disabled people. Dependent on the specific facts and circumstances in each case, it may be a reasonable adjustment to give access to a disabled person’s ESA. Service providers should develop a policy that is inclusive and allows for consideration of individual circumstances. 

Are assistance dogs trained?

Most assistance dogs are likely to be highly trained. This means that they are:

• likely to sit or lie quietly on the floor next to their owner
• unlikely to wander freely around the premises
• unlikely to foul in a public place

Whilst there is no legal requirement for an assistance dog to be trained, most are likely to be trained either by their owner or by a specialist organisation.

Assistance dogs can also be trained by their owners. The owner selects their own dog to fit their requirements.

How can I recognise an assistance dog?

Assistance dogs may be instantly recognisable by a harness or jacket, though, the law does not require the dog to wear a harness or jacket to identify it as an assistance dog.

Some, but not all, assistance dog users will carry an ID book giving information about the assistance dog and the training organisation (if applicable), together with other useful information. Again, this is not a legal requirement and assistance dog users should not be refused a service simply because they do not have an ID book.

Disabled people who use assistance dogs may experience discrimination if shops, restaurants and other businesses object to assistance dogs being brought onto their premises. If this happens, the effect is to deny the disabled person the opportunity to buy goods or use services in the way other people do.

Potential consequences include losing valuable business and risking claims of disability discrimination, which could result in financial compensation.

A disability is defined by the Equality Act 2010 as ‘a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities’.

It is unlawful for a service provider to discriminate against a disabled person in the following ways:

Direct discrimination: treating a person less favourably than others because they are disabled or perceived to be disabled. For example, refusing to allow entry to disabled customers, whether or not they have assistance dogs.

Indirect discrimination: where a particular policy has a worse impact on disabled people than on people who are not disabled. For example, a ‘no dogs’ policy will have a worse impact on disabled people using assistance dogs and could be indirect discrimination unless the policy can be objectively justified.

Discrimination arising from disability: treating someone unfavourably because of something connected to their disability. For example, refusing the same level of service to a disabled person because they have an assistance dog.

Failure to make reasonable adjustments: where a physical feature, provision or practice puts a disabled person at a substantial disadvantage the service provider has a duty to take reasonable steps to avoid that disadvantage. For example, it will often be reasonable to disapply a ‘no dogs’ policy for assistance dog owners and a failure to do so would amount to unlawful discrimination.

Disability harassment: treating someone in a way which makes them feel humiliated, offended or degraded for reasons related to their disability.

Direct discrimination by association: treating a person who may or may not be disabled less favourably because of their association  with a disabled person.

Victimisation: treating a person who may or may not be disabled badly because they have made a complaint of discrimination or supported someone who has made a complaint.

Discriminatory adverts: if a service provider advertises that in providing a service they will treat disabled people unfavourably this will amount to discrimination. For example, stating in a brochure that assistance dogs are not welcome on the premises.

More favourable treatment: the law recognises the particular disadvantages that disabled people face and so treating disabled people more favourably than non-disabled people is permitted, in relation to direct discrimination.

It would be unlawful to refuse a service to a disabled person accompanied by an assistance dog except in the most exceptional circumstances. Ultimately only a court can determine whether a refusal of service is unlawful and such a determination would be highly dependent on the specific facts and circumstances of the particular case.

How can I ensure that assistance dogs are welcomed into my business?

Make sure that all relevant staff are made aware that they must allow access to assistance dogs in most circumstances.

If you have a lot of customer-facing staff, consider displaying a small sign or sticker on the door or wall at the entrances showing that assistance dogs are welcome.

What if the dog fouls on my premises?

As assistance dogs are likely to be trained and will be familiar with different environments, they are unlikely to foul in a public place. However, if the assistance dog does foul on your premises, it is likely to be unreasonable to pass any costs involved in cleaning on to the disabled person.

My business sells food products, am I obliged to allow assistance dogs in?

Assistance dogs should be allowed access to restaurants, cafes, hotels, food shops and other food premises.

What if the assistance dog is a danger or nuisance to other customers or staff?

Assistance dogs are likely to be highly trained to make sure they are always under control and will not be a nuisance. For example, they are unlikely to jump up. They will lie down at their owner’s feet if the owner sits down to eat.

Why should I allow a disabled person to be accompanied by their assistance dog?

An assistance dog is an auxiliary aid to a disabled person. Therefore, it would be unlawful to refuse access to a disabled person accompanied by an assistance dog except in the most exceptional circumstances. Ultimately only a court can decide whether a refusal of service or access is unlawful. This would be highly dependent on the specific facts and circumstances of the particular case.

As well as being trained to carry out tasks, assistance dogs can improve the confidence of disabled people who use them.

Are there cultural or religious reasons to deny service to a person with an assistance dog?

Religious or cultural beliefs have sometimes been cited as a reason for non-admittance of assistance dogs. However, service providers should permit access to assistance dogs and such beliefs are not a defence against non-compliance. However, this is a sensitive aspect of the access issue and tact should be used by all involved.

What if someone is or might be allergic to dogs?

Refusing to allow access to people with assistance dogs because other people might be allergic to dogs is likely to be unlawful disability discrimination. This is because the Equality Act 2010 states that service providers must make reasonable adjustments to policies for disabled people. This includes amending ‘no dogs’ and ‘no pets’ policies to allow access for assistance dogs.

If there is an identifiable person with an allergy to dogs then employers and service providers should take reasonable steps to ensure that person has minimal or no contact with dogs. Reasonable steps are unlikely to include banning all assistance dogs.

Assistance Dogs UK

(a coalition of assistance dog organisations)

Phone: 01844 348100