attitudes
DDA - sword or a poking stick?
February 5th 2010 - The day it all started.
On Friday the 5th of February, 2010, I entered Waterstones to purchase a travel book at 19 Earl Street. I was accompanied by my personal assistant (PA/carer). The travel section was located on a split level with stair access. On asking a member of staff at the till how I could get up to that level, she directed me to 'the accessible entrance' around the outside of the building. [The building is on a slight hill].
On leaving the store I located the second entrance which had a large step [left]. I have Muscular Dystrophy and use an electric wheelchair due to limited limb movement. As such, I was unable to access this level. I sent my PA back into the shop to ask about a ramp for this step but she came back and told me there was no ramp.
On re-entering the store I spoke to the same member of staff who said that "other people manage".
How I felt
I was made to feel an inconvenience and bothersome customer which caused me great distress. I was also uncomfortable about having to express my frustration in-between the staff member serving other people. No attempt was made to find out if staff could have helped (e.g. locating a book from that level for me etc). I said I had rights under the Disability Discrimination Act and wanted to speak with the manager. She replied that she didn't know anything about the DDA and that there was no one I could speak to. I repeated that I wanted to see someone and she said there was no ramp because of the building being listed.
I felt she was not listening to me and treating me with the respect that other customers would receive. I was then told the manager was in and on an upper floor. Feeling deceived and insulted I went upstairs and a helpful member of staff called to see where the manager was (in another branch) and offered me his e-mail address.
February 9th 2010 - Next steps.
I phoned the Equality and Human Rights Commission (EHRC) and a very helpful person went through the questions to see if I had a case for discrimination. Once he knew that I met the requirements (i.e. was disabled by the definition of the DDA) he gave me my case number and advice to start down the route that is usual. This meant clearly explaining what had happened to the manager and seeking a response to a template list of questions provided by the EHRC within 14 days, recorded delivery.
February 13th 2010
My letter was confirmed to have been received by the assistant manager who said that he had passed my letter to their DDA expert which should enable a portable ramp.
February 18th 2010
The manager confirms sight of my letter and writes to me. [Click here to see letter 1]
Step 2 - Raise it up a notch
April 8th 2010 - no further response so I moved to official proceedings.
I phoned the EHRC and they sent me the paper work for the next step.
April 9th - I served documents to Waterstones 'Questions Procedure'
Using the Questions Procedure can help a disabled person:
- decide whether or not to bring legal proceedings in the county court in England and Wales, or sheriff court in Scotland; and
- present his or her complaint to the court in the most effective way.
A question in a questionnaire and any reply by a defendant is admissible in evidence in court if the claimant’s questionnaire is ‘served on’ (sent to) the defendant.
April 15th
I receive a letter from the manager. He said
"Waterstones as a company has undertaken a full survey of all of its branches to ascertain how they meet the needs of its disabled customers. It has a list of work to be done, with those branches with the most shopfloor space that is inaccessible at the top of the list. The Earl Street Branch in Maidstone is some way down the list, with approximately 10% of space inaccessible. Waterstones as a Company is committed to acting on as soon as possible as many of these issues as it can, given the current financial situation of the Company
We have decided as a Branch not to wait, and to act straight away to change the situation.Your experience has prompted us to review the use of the back of our Ground Floor as a sales area. As a result of this review we have decided no longer to use this as a shopfloor area and to close it off, relocating those sections to other more accessible parts of the Branch. We are looking to do this work in June 2010."
This very cleverly dodged the key question in the papers that were served where they can declare that they did indeed act unlawfully (or they can say they didn't and explain why it was lawful).
I didn't really want to go to court - I just wanted them to hold their hands up and say 'what we did was unlawful, discriminatory and we apologise'. I hadn't had this part of my question answered.
April 26th - Seeking the answers to the papers that were served.
I e-mailed to remind them they had not answered the specific question form the questionnaire. Did they agree they had failed to make reasonable adjustment and provided a service in a worse manner because I was a disabled person? Had they failed to train their staff adequately?
I started making enquiries about legal action - it could cost me over £1000 to get a judge to make them respond and it didn't look hopeful I would be entitled to legal aid type support.
June 4th 2010 - I received an e-mail to say their response was in the post - the papers came back, completed, on the day of the 8 week response deadline.
They agreed with my statement of what happened and how they discriminated against me by failing in a range of different ways. I had what I wanted and the alterations to the building were due to start a few weeks ago.
There are still thousands of stores, of all kinds, who won't make reasonable adjustments until they receive a complaint. Even things which are relatively cheap and quick to action - like the portable ramp and a friendly member of staff who had been trained in disability equality AND the DDA. Training is not just a few hours on 'how to communicate' and a top ten crib sheet about dealing with customers who have impairments (which is what this member of staff got). Attitude is a huge thing and just good old customer service! Smiles are free for example.
So all in all - it gave them a poke but it is not the mighty sword that will get Waterstones thinking about all their other stores on a 'waiting list' for action.
I certainly will never shop there again and I will share my story with others so they can decide where they buy their next book from.
A vote or a sympathy vote?
07/April/2010 01:51 PM Filed in: Other
However, will they have the right attitude to get the attention of the disabled voter - or will we just get the sympathy vote from them?
Up close in person - patronising attitudes and accessibility of MPs.
One of the things I have had experience of is lobbying an MP - and that was not pleasant. It was some years ago in St Albans. Myself and some people from a Direct Payment Support Scheme went to a surgery appointment to discuss the Independent Living Funds' 'toilet tax'. As a wheelchair user, when we arrived the surgery wasn't exactly accessible. It involved going up a step, round the side of the building on a crumbling narrow path, through a back kitchen and into a cramped office for all of a ten minute chat.
Access to MPs and similar should be equally available to all but I wonder how many actually are?
Shocking attitudes of MPs and Councillors
About 4 or 5 years ago, I had the displeasure of meeting Ann Widdecombe as my local MP. I was working at the event where she was doing a speech to launch a disability product. There were a number of disabled people with a range of impairments. I had no idea what she would be like - but as she did her meet and greet I soon found out. She bent down, stared closely at me, then studied my chair, then turned again to look at me. In a fiery, shrill breath she bellowed 'so whats wrong with YOU then'. I was stunned.
Do politicians not get any equality training on how to respectfully go about their duties? It's something I will remember for the rest of my life because the conversation didn't get much better despite my efforts to say I was actually working at the event and politely trying to move the conversation away from which parts of me don't work. My work colleagues were horrified and word soon spread! I watched how she did the same with everyone else with an obvious impairment, patronising and shameful.
I have met many councillors and have been utterly horrified at the patronising behaviours and language demonstrated on all but one occasion. Invalids and a pat on the head in some cases.
So - if you treat me in this way, with disrespect and inequality, you should not be surprised when this reflects badly on your party.
You will understand when I say that you probably don't care much for what the disabled members of your community need and the rights that should be theirs when you don't make any effort yourself to get it right.
Do you want my vote or not?
Christmas Joy - or not?
11/December/2008 05:00 PM Filed in: Leisure
I am not going shopping this Christmas - why?
Take a look at what happened last year.
--
T'was the night before Christmas... well not really, it was the Thursday before actually and the venue wasn't a cosy family scene around a log fire - it was myself and my PA in Tesco!
Christmas brings out the best in people. It is a time of good will to all men and extra special good will to disabled people.
The charity boxes are filling up nicely giving people a warm and cosy feeling inside....
[Note from Editor: Little do they know their contribution may have inadvertently helped another disabled person spend further years in an institution with little choice or control of what they do in life - but never mind.]
and people are falling over themselves trying to help me.
How lovely? Actually, no. Not lovely at all when you are the recipient of such goodwill. Now, I know people are just being nice, and God Bless them for that. However, it is enough to put any sane person off never going again.
Take this example from that dreadful day.
My PA was selecting vegetables and you would have thought I personally was adding to the variety of vege in that area [Ed. crip joke], when out of the blue an elderly gentlemen beamed at me and proceeded to squeeze my cheeks like you might do to a cute baby in a pram.
For goodness sake, I'm a thirty something woman not 3 months old. He told me how pretty I was, followed by a comment that I wasn't to think of him as a weird old man - he just thought I had a pretty face and felt I should know that. So, he wasn’t weird - just patronising. That’s ok then.
I smiled and wished him a Happy Christmas... but he lingered on. He carried on chatting whilst his wife did the shopping. I was turning a shade of red and struggling on how to politely get away. He had me cornered between the mangos and the bananas - resistance was futile. The store was crowded - there was no place to hide.
"Some of us have to wear a silly hat or shave to look beautiful - but you don't" he said.
"I should hope not", I laughed. "If I have to shave my face then I'm in trouble."
He laughed and gave one more patronising half wink and off he went.
Thank @*(£)@ for that!
No rest for the wicked
But it wasn't over yet, do gooders were all over the place asking could I reach things and if there was anything I wanted. My Yoghurt Lady (a member of staff who works in that isle. Together, we share a bit of yogurt delivery banter each week) spotted me at another end of the store and shouted 'I'll go and get the cherry yoghurts ready for you, how many do your want"? Back she came with my goods and popped them into my trolly. Everyone around now knows I have cherry yogurts each week. It could have been worse I suppose....
As my PA was packing things into the car, the guy in the next car offered to help put them in.... there was no end to this jolyness!
Think twice.
If you are on you own then all this help is probably just that - helpful. When you have a PA around and you have to keep declining help, explaining you have your own assistant and that this is part of their job and my independence - it becomes tiresome.
The week after New Year, people are going back to their every day lives and goodwill is a thing of the past. No one will offer me help, probably, until next December. And that's the real point of this entry.
We are disabled for life (well a lot of us) not just for Christmas - so spare a thought throughout the year rather than use up the annual dose of goodwill all in one go - thanks.
Take a look at what happened last year.
--
T'was the night before Christmas... well not really, it was the Thursday before actually and the venue wasn't a cosy family scene around a log fire - it was myself and my PA in Tesco!
Christmas brings out the best in people. It is a time of good will to all men and extra special good will to disabled people.
The charity boxes are filling up nicely giving people a warm and cosy feeling inside....
[Note from Editor: Little do they know their contribution may have inadvertently helped another disabled person spend further years in an institution with little choice or control of what they do in life - but never mind.]
and people are falling over themselves trying to help me.
How lovely? Actually, no. Not lovely at all when you are the recipient of such goodwill. Now, I know people are just being nice, and God Bless them for that. However, it is enough to put any sane person off never going again.
Take this example from that dreadful day.
My PA was selecting vegetables and you would have thought I personally was adding to the variety of vege in that area [Ed. crip joke], when out of the blue an elderly gentlemen beamed at me and proceeded to squeeze my cheeks like you might do to a cute baby in a pram.
For goodness sake, I'm a thirty something woman not 3 months old. He told me how pretty I was, followed by a comment that I wasn't to think of him as a weird old man - he just thought I had a pretty face and felt I should know that. So, he wasn’t weird - just patronising. That’s ok then.
I smiled and wished him a Happy Christmas... but he lingered on. He carried on chatting whilst his wife did the shopping. I was turning a shade of red and struggling on how to politely get away. He had me cornered between the mangos and the bananas - resistance was futile. The store was crowded - there was no place to hide.
"Some of us have to wear a silly hat or shave to look beautiful - but you don't" he said.
"I should hope not", I laughed. "If I have to shave my face then I'm in trouble."
He laughed and gave one more patronising half wink and off he went.
Thank @*(£)@ for that!
No rest for the wicked
But it wasn't over yet, do gooders were all over the place asking could I reach things and if there was anything I wanted. My Yoghurt Lady (a member of staff who works in that isle. Together, we share a bit of yogurt delivery banter each week) spotted me at another end of the store and shouted 'I'll go and get the cherry yoghurts ready for you, how many do your want"? Back she came with my goods and popped them into my trolly. Everyone around now knows I have cherry yogurts each week. It could have been worse I suppose....
As my PA was packing things into the car, the guy in the next car offered to help put them in.... there was no end to this jolyness!
Think twice.
If you are on you own then all this help is probably just that - helpful. When you have a PA around and you have to keep declining help, explaining you have your own assistant and that this is part of their job and my independence - it becomes tiresome.
The week after New Year, people are going back to their every day lives and goodwill is a thing of the past. No one will offer me help, probably, until next December. And that's the real point of this entry.
We are disabled for life (well a lot of us) not just for Christmas - so spare a thought throughout the year rather than use up the annual dose of goodwill all in one go - thanks.
Work attitudes - my latest experience
As a freelance trainer, I have been doing some courses lately at the sorts of night stay hotels you see at motorway stops (without naming names....).
Anyway, about 1/2 of those I visit for the first time do the following.
I report to reception.
‘Hello, I have a group for training booked by [x] can you tell me which room I am in please]’.
they then either lead me into a foyer and say ‘sit here the trainer will be out soon’, or turn to my PA and proceed to introduce themselves as if she is the trainer.
So I thought, I will clearly introduce myself as the trainer next time I do a course.
Method 2
I then went to a company and on arrival about 45 mins before the course started, I said to the receptionist:
‘Hello, I’m here to do the training.....’
“Oh I think there is training in there, but I’m a bit concerned because the trainer hasn’t turned up yet’.
Ehm... let’s start that again, I thought.
“No, you don’t have to worry - I AM the trainer....”
“OOOOOH. Your the trainer... oh oh oh.”
This company also made a ten minute toilet trip a 30 minute one because my PA had to clear the corridor of material being stored, to open the WC door, and put it all back afterwards. So 0/10 for access.
