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.”

Disabled Access Toilets: Disabled Children and Adults with Learning Disabilities

If you have not read the posting that talks about disabled access toilets in general please do so (below). This posting is written with a presumption that it follows on from the previous. Please note the general, obvious, and very sensible issue about child and vulnerable person safety note below *.

So now you have secured your disabled access toilet for differently abled people, and stopped using it as a general store. It is clean and tidy and you have provided adequate facilities inside, including hot and cold water, or have you? Have you thought about the needs of children with disabilities? Have you also thought of the needs of adults with learning disabilities that need to use disabled access toilets? Possibly not, but do not panic, this is not one of those moments when you have to dash back to the planning stage and start over, because when someone new comes to your place of worship with particular needs they will also come along with an expert; their parents or guardians or even carers^#.

Do not think of this as a problem, an issue or even a nuisance, it isn’t; it is welcome, it is about being inclusive, it is what we do - we look after one of our own. It is the privilege of welcoming one of God’s own into our family.

So let us go back to the toilet question. Well in short you need to just allow the parent, guardian or carer’s room and space to bring with them whatever equipment they may need. This equipment may take up space and must be available during services should their child or adult with learning difficulties require the toilet. So this may be one of the few occasions where something may be kept in the disabled access toilet by the parent or guardian. Clearly if the equipment restricts room space a lot then alternative storage needs to be made very close to the disabled access toilet as the facility will still need to be available to other users.

Consideration should be made to the fact that a child or a person with learning disabilities requiring disabled access toilets may need to be changed, clothing wise, so the toilet area may need to be big enough to facilitate this. Of course this may create a dilemma as often disabled access toilets are not designed with changing larger children, or adults in mind. If it isn’t large enough then what other facility adjacent to the toilet can be offered? There may well be another room adjacent to the toilet that is private and clean where the parent, guardian or carer would feel comfortable. Asking the question early on when they start to attend the church helps. 1. It shows the church cares and wants to be pro-active in its relationship. 2. It gives the church a chance to rethink what can be done otherwise.

Dependent where the disabled access toilet is located it is possible to have curtain rails in the corridor outside creating a larger space, so when the toilet door is open no one can see in. The rail would need to be three sided protruding outwards to give the additional space, so this would not work in a corridor.

Alternatively a church may need to consider its main toilet facilities and how often they are used, would it be possible to create a second larger disabled access toilet inside the main toilets?

If you have no other space within the church, of church hall that would be appropriate then would an extension be answer. Toileting is a basic human need, if we cannot provide this then we are failing badly, and it would be sad to see the new family leave and shake our sand from their shoes.

* Now I am going to state that which should not need to be stated, but I am going to do it anyway. When it comes to toileting children or young people only their parents, guardians or carers can do this no one else from the church no matter your DBS standing. Never allow yourself, or someone from your church, to be put into a position by a parent or guardian whereby you are left with the child or young person even though you have the parents or guardians permission. It is not right, safe or appropriate. This will also apply to adults who are vulnerable and have carers, be they family or professional people.

^#One word of clarification. When speaking about children and adults with learning disabilities in this post, I refer only to those who need to use disabled access toilets, and who may have continence problems. There is no intention here of inferring that children who are disabled, or adults with learning disabilities have continence as this is clearly not the case.

Cyber Faud and the vulnerable

Cyber Freud is a risk to all who use the internet, particularly those who are not as aware of the risks involved in what they are doing. So advice from the i newspaper is very timely particularly for people who are house bound and those who rely very much on internet shopping, banking etc. The very people who are often the most vulnerable in society, and yet are the ones picked on.

Cyber Freud: Advice from the i newspaper, plus a little more:

• Never give personal details on the phone if someone phones you up asking. Even if they have already lots of information such as your address, date of birth, even the last four digits of your credit/debit card – this they can hack.
• Use three random words for you password, which protects against hacking software. Use of upper case and lower case and numbers randomly placed helps.
• Change passwords regularly, use different ones for different applications.
• Do not record passwords where others can find them!
• Avoid clicking on embedded suspicious emails, if you do not recognise them don’t open, delete!
• Be careful about what you post online, identity theft is a huge problem.
• Carry regular updates of security and good security software.
• Keep a close eye on your bank account.