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**Denied use of DISABLED toilet in jobcentre

ShaShaSha
ShaShaSha Posts: 185 Forumite
edited 5 November 2009 at 5:04PM in Disability money matters
******RESPONSE FROM COMPLAINT ON PAGE 6 :D********

Hello there, wonder if anyone can shed some light on the disability discrimination act and the disability rights/access laws.

My partner who has a neurological disease, hydrocephalus, narcolepsy & cataplexy recently got refused entry to a disabled toilet because they said he was disabled. The security guard said he wasnt allowed to let him use it because the floor manager was telling him not to on the radio/earpeice.

On speaking to the manager, and explaining that he gets DLA and ESA, has a neurological disease and it affects how far he can walk, muscle strength, bladder & bowel control aswell as many other things - he was still refused entry

I spoke to the manager myself, who was happy to let me use the toilet because I was limping (I am disabled myself) but not my partner because 'he looked perfectly normal' I then explained that he was breaking the law and that they cannot favor one disabled person over an other, and that he is nomedical professional and cannot make a decision on who is disabled and how a condition can affect a persons life. When I asked if a man came in limping would he automatically be allowed use to the toilet, he said 'well depends if he is signing on, because he cant be looking for a job is he is disabled'!!! I was shocked! I mean some disabled people are still able to work?!?! He also said that the toilet is only for people who are physically disabled and have wheelchairs or crutches etc, when asked if someone with incontinence problems could use the toilet he said no!

My parter ended up having to go back to the car because he was having an episode due to the stress of it all putting pressure on his brain. When I returned after finally getting the man to allow him to use the toilet, and him saying 'ok but just this ones' I returned to find him in a complete collapse (still concious but unable to control any ofhis muscles and was slumped in the car) and he had completely lost bladder control. He has never got himself into such a state before, and at ust 28 years old it has affected him greatly, especially when two years ago he was working full time in security & door stewarding.

We can no longer use this jobcentre, because due to the long times we normally have to wait to get things done, my partner normally has to use the toilet and he wont be allowed to now, despite being allowed before.

What are his rights on this? what can we do? I want to seek legal advice as I cant believe this man treated him in such a disrepectful and judgemental way and dont want him to get away with it. The security guard looked fuming at his manager, he has spoke to us a few times and is generally really helpful and understanding especially if eddie goes into a collapse there.

Hope someone can help, its been one awful day for us and has knocked his confidence more than I could have ever imagined :mad::mad:
Yes im disabled....yes I can do things you cant....but you can do things I cant so were equal! :D
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Comments

  • Their policy may be one of 'wheelchair users only' and the security guy might have had previous bother by letting others use the loo and now he sticks to the letter of the rule.
    You need to set up a right to use that loo with the manager if you really need to use it when you go other than that theres not much you can do as they aren't discriminating against you or breaking any laws.
  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    Eat food. Not too much. Mostly plants - Michael Pollan
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  • Nessynoo
    Nessynoo Posts: 469 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Equal opportunities. No one should discriminate like that
    "It's official, MSE's harbouring total fruitcakes"
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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I think a phonecall from your MP to the JCP area manager will ensure you get a full apology, and an assurance that this will never happen again - either to you or anyone else.

    It is very difficult when disabilities are not immediately obvious, and I can understand that the JCP staff have their patience tested frequently by those trying it on. However, this does not excuse the floor manager's complete ignorance.

    Although you should not need to, it may be worth your husband carrying a short medical letter stating his disability. I do this when I am overseas, not for the same reason but in case I get into other difficulties (I travel alone).
    Gone ... or have I?
  • The manager said I could use the toilet because I was 'clearly limping through the door' so its not a wheelchair only policy. He said it was for people physically disabled only, but ignored the fact my partner cant walk far and is in constant pain with muscluar and joint pain and muscle weakness - is he allowed to pass judgement when hes not a medical professional?
    Yes im disabled....yes I can do things you cant....but you can do things I cant so were equal! :D
  • If he wants. No law against it.
  • dmg24 wrote: »
    Although you should not need to, it may be worth your husband carrying a short medical letter stating his disability. I do this when I am overseas, not for the same reason but in case I get into other difficulties (I travel alone).

    I was thinking this, its a good idea really. Especially to stop this happening to him again - hes only 27 and its extremelly embarrassing for him.

    Thanks :)
    Yes im disabled....yes I can do things you cant....but you can do things I cant so were equal! :D
  • Ruby_Moon wrote: »
    If he wants. No law against it.

    He gets DLA, has a neurological disease that this man cant possibly understand the symptoms off - so he is allowed to say my partner is not disabled enough to use a disabled toilet? :eek:
    Yes im disabled....yes I can do things you cant....but you can do things I cant so were equal! :D
  • Go to your local paper they like stories like this

    I think its awful how they treated him
  • hayley11
    hayley11 Posts: 7,627 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I just wanted to say I think it's disgraceful the way your partner was treated. I would do as dmg suggested and contact your MP.

    It really really annoys me when people make assumptions about a persons disability based on how they look and you'd think somebody working for the job centre wouldn't be so ignorant.

    I hope you get it sorted and get an apology :)
    :heart: Think happy & you'll be happy :heart:
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