Taxi fees and refusal to carry disabled passengers

           This is not a post directly related to disability and inequality within churches, but rather one that will affect many people who attend church. Thus I have decided to post it for you to share with everyone in your parish who may find the information of use.

The media, as well as many blogs and Facebook instalments, have highlighted the problems disabled people face when wishing to access private hire vehicles. From the sixth of April (2017 next month) another part of the Equality Act 2010 is enabled.[i]

What the newly enacted law, qualifies within the Equality Act 2010, that not all Taxi’s and private hire vehicles must be able to carry a wheelchair user ‘in their wheelchair’.[ii] So the person requiring the use of a taxi must ensure that when phoning for one, that they make it clear that they need a cab that permits them to enter and exit whilst remaining in their chair.[iii]

For passengers who can get out of their chair and into the vehicle then the driver must secure the disabled persons chair, and any luggage for them.[iv] The legislation also says that the driver should; “give the passenger such mobility assistance as is reasonably required.” [v] How this sits next to the safety of the driver is confusing and unclear, especially if a driver is injured helping the person?

            The driver does not have to carry a second person in a wheelchair at the same time if the driver does not think it is safe. I will avoid boring you with the other safety details, but never the less anyone being transported must be safe.[vi]

            Finally a disabled person must not be charged more for their journey just because of their additional need.

Any breach of this legislation can lead to a fine of unto £1,000. for the driver[vii]

Cite this article as: Fr. Jeffrey A.Leach.OSP, " Taxi fees and refusal to carry disabled passengers" in Disabling Barriers to Church Blog, 7^th March 2017, http://disablingbarrierstochurch.blogspot.co.uk/

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[i] 2017 No. 107 The Equality Act 2010 (Commencement No. 12) Order 2017 which brings into force sections 165 and 167.

[ii] Ibid Section 167

[iii] Equality Act 2010 Section 165 (4)

[iv] Ibid 165 (5)(c)(d)

[v] Ibid 165 (4)(e)

[vi] Ibid 165 (5)

[vii] ibid 2010 s.165 (4)(b)

Church Seating and Equlity

There are few things that can get a church committee more ruffled more than issues around seating Especially pews.

So, I will begin with said pews. I have to admit that I was very much against having them in our churches, both as a user and disability advisor. But over the past couple of years I have been told by several users of pews who were either disabled, or elderly, that the pews are; “great to hold onto, and even pull oneself up to a standing position”. I have therefore been wrong to ‘throw the baby out with the bathwater’; thus, this post it is about making sure your seating is a provision for ‘everyone’ including disabled people.[i] However, as I have previously there had to be careful use of pews noting the needs of disabled people. Disability can come in many form, See my post ‘Provision Criteria and Practice’ (below).

Pews are on the whole items installed into many of older churches, along with many more changes, by the Victorians. As such older church committees wishing to remove pews with find that the Victorian Society will oppose such changes (in the Church of England the Faculty Jurisdiction Rules 2015[ii] apply). This should not be seen as a nuisance, but rather a hurdle one needs to take, but rather a thoughtful, and often helpful, process behind the changes proposed.

What do we want and need from our seating?

1.     Well as mentioned stability for people who need something to hold onto to. But do please note, never fall into the trap of regarding a person’s ‘walking stick’ as something they should use to get up. The clue is in the name ‘walking’ stick, or sticks, which are for assisted walking. This applies also to walking frames.

2.     The seating should give ample leg space, especially when the attendees to a service or other function, may be sat for a long time.

3.     If moveable seating is used then the seats should stackable in a safe way, and those stacking them should never have to ‘drag’ them across the floor. This does not just create a safety risk for the stacker[iii] who may be a paid to do this role, or others persons not paid.[iv] As well as harm the floor surface with scratches; buy may cause the floor to become raised consequently creating a scenario where by a person with poor, or no eyesight, and those with mobility impairment to trip.[v] One should not miss the fact that under other legislation creating manual handling roles should be avoided if possible, where this is not possible a full risk assessment to decide on the safety way of undertaking the task.[vi]

4.     The seating should allow a provision to be added to raise the seat for people who do struggle to stand to have a higher seat. For example, attachable/detachable cushions, and attachments for raising the height of the legs. The Equality Act requires changes to be made to accommodate disabled people,[vii]

5.     Does your new, or planned, seating have somewhere for Bibles and other literature to be stored during the service? If not this can become a problem for many disabled people who have poor eyesight, or difficulties created by mobility and dexterity problems. Not to mention the trip risks created by such items laced on the floor.[viii]

6.     If you look down at a seat is it clearly demarcated from the floor below; or could the colours blend if you have dementia of poor vision? If so then seating should stand out, and your choice of replacement seating should account for this.

7.     Have you a system in place to maintain and clean all types of seating you have and use? If not, you should have one under the Health and Safety at Work Act. The Act covers churches.[ix]

8.     People with mobility issues may wish to sit near the back of church, certainly in the churches I know everyone wants to sit at the back. However, those with mobility needs may wish to sit were that can come and go, should they need to, for example using the toilet. As such we need to remember in God’s house no one has preferential (other than Bishops) seating needs unless the above applies – so no saying to a new comer, ‘excuse me that’s my seat’. Failures such as this, and other disability related issues in this post may well give rise to a claim of Indirect Discrimination under the Equality Act.[x]

9.     Ensure you have in places a system where by wheelchair users can place themselves next to relatives. That’s may mean shortening rows, even pews – but do get the legal permission first.

I hope you have found this short introduction in to Church seating helpful?

If you need other information, or comments to share please email on fr.jeffreyleach@gmail.com

Cite this article as: Fr. Jeffrey A.Leach.OSP, "Church Seating" in Disabling Barriers to Church Blog, 1^st March 2017, http://disablingbarrierstochurch.blogspot.co.uk/

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[i] Section 6 Equality Act 2010 (Ch.15)

[ii] No.2015 1568

[iii] Health and Safety at Work act 1974 (Ch.50) Section 2 for anyone paid by the church for such tasks.

[iv] Health and Safety at Work Act 1974 Section 3, Any other persons.

[v] Health and Safety at Work Act 1974 Section 4, Occupiers Liability.

[vi] Manual Handling Operations Regulations 1992, section 4. (SI.1992 2793)

[vii] Section 20-22 Equality Act 2010

[viii] Section 5 of the Workplace (Health, Safety and Welfare) Regulation 1992 (SI.1992 3004)

[ix] Section 3 The Management of Health and Safety at Work Regulations 1999 SI.1999 3242)

[x] Section 19 Equality Act 2010 (Ch.15)

Provision, Criterion and Practice under the Equality Act

Does the recent case of the disabled wheelchair user[i] who could not access the disabled space on a bus, because someone else had their sleeping child in that space, affect churches?

The answer is yes. Although we are not talking about vehicular access, we are most certainly speaking about any Provision Criterion and Practice (PCP) a church may have in place, not necessarily written, but by ‘custom and practice’. The PCP is required by the Equality Act,[ii] which as a statutory requirement all churches must follow.

As such does a church make ample room for disabled people, particularly thinking about, in this short essay, wheelchair users? Does your church inform wheelchair users that they have to place themselves at the front of the church, or at the back? Also, to clear up an issue that I have come across several times; are wheelchair informed that they cannot sit in the isles because of health and safety (fire) risk? Wheelchair users do not, at least in my experience, spontaneously combust. But of course, if you have a procession at the beginning, and at the end of your service, this may well impact on spaces available if you have a narrow isle.

Using a very good practice developed in health and safety management it is far better to design the problem out – no not barring disabled people from the church! But rather creating spaces in the church where a wheelchair user can sit by family or friends, which may entail moving some chairs out of the way – or heaven forbid – shortening pew lengths![iii]

More generally, consider the provision of disabled access toilets ‘in’ the church. Some disabled people need to use toilets more than others, this may be a barrier to some people using your church. The provision of ramp access to the church, and also the altar rails if people are expected to ‘go up for communion’. Do be careful with ramps, they should only be seen as temporary measures until a permanent ramp is installed. The placing of a ramps then getting it up after the disabled person has accessed the building means you are undertaking manual handling, which is – I can assure you – risky, and not lawful if allowed to become a permanent tool. It is worth noting that ramps are not just for wheelchair users but also other people who have mobility issues. These all amount to PCP’s.

As a wheelchair user I have found myself waiting at a church door until someone came along to put out the ramp for me. I was troubled by the thought that, if there was ever a reason to evacuate I would, along with all who have mobility issues, placed at a distinct disad

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[i] Firstgroup Plc (Respondent) v Paulley (Appellant) [2017] UKSC 4

[ii] Equality Act 2010 (Ch.15)

[iii] But do remember if you are Church of England you will need a faculty.

Cite this article as: Fr. Jeffrey A.Leach.CBV, " Provision, Criterion and Practice under the Equality Act" in Disabling Barriers to Church Blog, 23 January 2017, http://disablingbarrierstochurch.blogspot.co.uk/

Reflection on Psalms 133 and Brexit

         Psalm 133 (below) is quite short as psalms go, and yet is says so very much about God’s intensions for us all. Unity is about living together as the people of God, it is about mutual support and love. This Unity is also about everyone on this planet earth, it is not restricted to national or political boundaries. A concept some have lost in the whole Brexit fallout.

We find it so easy to identify the differences between people, be it accent, language, colour if the skin, social standing, gender, physical ability, size, and looks. Yet it is not the differences in the person who is under the microscope that matter, it is the person who is homing in on these differences that really matters, for they are the wrong ones. They fail to understand, or just choose to ignore for selfish gain, that we are ‘all’ equal, we are all one.

If only we did cherish unity above disunity then we would be truly blessed in this life, and would be so much closer to what God had intended earthly life to be like, that is Heaven. When God created humankind He did not create us a perfect, but only as ‘good’, like the rest of creation, just good.

Psalm 133

Behold how good and pleasant it is
to dwell together in unity.

It is like the precious oil upon the head,
running down upon the beard,

Even on Aaron’s beard,
running down upon the collar of his clothing.

It is like the dew of Hermon
running down upon the hills of Zion.

For there the Lord has promised his blessing:
even life for evermore.

(Psalm 133 NRSV)

Cite this article as: Fr. Jeffrey A.Leach.CBV, "Reflection on Psalm 133 and Brexit" in Community of the Blessed Virgin Blog, 27 September 2016, http://cbvprayer.blogspot.co.uk/

Just Don't Go There; things not to say and write

Yes, there is political correctness, and I am sure we all get fed up of that. I am also sure like all differently-abled people, or if you like, disabled people, I still smile when someone is speaking to me and they get themselves into a right mess trying to skirt around my ‘predicament’. But it is what it is, and in truth the vast majority of people are so very kind and helpful they are forgiven tenfold for verbal trips.

However, just now and again you read something and you say to yourself, I can’t believe he said that! Especially when it is someone you hold in high regard. Today whilst reading the faculty case of Re Otley, All Saints [2015] (Leeds CCt) the chancellor, for whatever reason, decided to use old liturgical language to address those of us who are not ‘able-bodied’; he used the term; ‘infirm’!

Well my dear chancellor I am not infirm, not in a month of Sundays am I infirm, it’s an insult, and a nasty word to use.

Whilst I am talking about faculties, a word to the wise. When chancellors speak about addressing the law with regards reordering, especially in churches that are listed, the law does not stop at Duffield – the law also includes the Equality Act 2010.

So if you are considering changes in your church, stop think – what do we need to do to be inclusive.

Ramps

Ramps are becoming more common in our churches, either as fixed or permanent features, or temporary ramps that are laid out 'when the need arises'. Ramps are not only there for wheelchair users, but also for people who find steps difficult, this may include the less mobile due to some form of disability, or sometimes people who are finding that with age it is not so easy to cope with steps. Of course ramps can also be very useful for other people such as those with pushchairs, or even for those people who are making deliveries. All in all ramps can be beneficial as access to our church buildings and other buildings such as church halls.

From much experience as a wheelchair user I can say that there is nothing less welcoming than a church that does not have access for a person who relies on a wheelchair. I must also comment that being ‘sent around the side’ of the building to another door is degrading!

Every church wants to make new people, and visitors, welcome; well that is the Christian theme of love for after all. So being faced with a step, if you cannot do steps, is not a good start. It is also most embarrassing when a person has to wait for the ramp to be put out for them. I am always appreciative when this is done for me, especially to the poor person that has to struggle with the contraption, but I am embarrassed none the less. I have also had to wait to get out of churches when the ramp has been taken up after I am in, because clearly I am the only wheelchair user to be using that church that day.

Now there are health and safety issues:

1. Person putting ramp out, noting I am in a wheel chair due to a manual handling injury.

2. Ramp user driving off edge, particularly if it is a ‘home made ramp.

3. Will the ramp take the wait of the chair and user? Many electric wheelchair’s, and scooters are very heavy because of the batteries they carry.

4. Storage, where to keep the ramp when not in use; and No! Not in the disabled access toilet!!

Permanent ramps have to be the only solution. But these take planning and finance. If the church is used for weekly external activities, there may be funding streams that can be applied for. Otherwise it has to be regarded as a legitimate expense that the church must cost in as part of its mission and ministry. Legal permission will be needed, and advice sort, so do not just do it, especially if your church building is listed!

This is just a brief start on a huge subject, I hope it gets you thinking.

Cite this article as: Fr. Jeffrey A.Leach.CBV, "Church Ramps" in Disabling Barriers to Church Blog, 02 September 2016, http://disablingbarrierstochurch.blogspot.co.uk/

Dangerous Gas Fitters

Although this Blog is dedicated to helping disable those barriers that exist in our churches that prevent anyone from developing a life within a worshiping community, there are other issues that must be mentioned that our churches, and the vulnerable need to be aware of. The following is one such instance where the Health and Safety Executive has reported on a case of an unregistered gas fitter. This is a major problem, and one that potentially threatens life if the unscrupulous fitters make a very poor attempt at fitting gas pipes together.

“An unregistered gas fitter has been sentenced for illegally installing a gas boiler and undertaking landlord’s gas safety checks at a tenanted property. The boiler he installed was later classed as dangerous.

Christian Winter, 35, trading as CJS Winter Plumbing & Heating Services of Ashburton, Devon installed the gas boiler at a property on Park Road, Kingskerswell. He then undertook landlord’s gas safety checks at the tenanted property despite him having no competencies in gaswork or being registered with Gas Safe Register for any gaswork.

Further he then deceived the landlord of the property by using a fictitious Gas Safe Register registration number on the landlord’s gas safety records he produced.

Exeter Crown Court heard Mr Winter’s illegal gaswork came to light when the boiler he had installed and which he then passed as safe over the next three years was inspected by a properly registered member of Gas Safe. The gas engineer found a number of faults on the gas installation and classed the gaswork as dangerous.

On investigation the Health and safety Executive (HSE) found Christian Winter had used fraudulent Gas Safe registered details to deceive the landlord. When the landlord was informed of the defects she challenged Christian Winter but he continued to lie to her by stating that he was a registered gas engineer.

Mr Winter, Westabrook, Ashburton, Devon pleaded guilty to breaching Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(2) of the Health and Safety at Work etc Act 1974 and was given a suspended prison sentence of 12 months; ordered to undertake 200 hours unpaid work and to pay £3,327.80 costs.”