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Bank appeals against disability ruling
10 Nov 2009Royal Bank of Scotland today appealed against a landmark ruling that it failed to cater for the needs of a disabled teenager.
David Allen, 18, who has muscular dystrophy, took legal action after the bank failed to implement wheelchair access at the Church Street branch in Sheffield, where he is studying creative writing at the city's Hallam University.
At Sheffield County Court in January, Judge John Dowse ruled the bank had breached the Disability Discrimination Act and ordered it to pay £6,500 in damages, as well as giving it until the end of September to install a platform lift.
Today, Richard Lissack QC, for RBS, told the Court of Appeal in London that the judge had got it wrong in relation to the part of the Act concerning the duty of providers of services to make reasonable adjustments to help the disabled.
Mr Allen was in court to hear Mr Lissack tell Lord Justice Dyson, Lord Justice Wall and Lord Justice Hughes that the bank was "acutely conscious" of the fact that he was not well treated and was "extremely sorry".
"That apology was made at trial and the wrong done to him was recognised by the bank in correspondence long before that."
He said that, whatever the outcome of its appeal, RBS was not seeking to recover the damages payment or the costs of the appeal.
He told the judges that the case provided the first occasion in which an appeal court - and maybe any court - had considered the application of the Act to the provision of services which did not require attendance and, in particular, reasonable adjustment in respect of such services.
"It raises important issues of far wider application than just to this case, this bank, or the banking sector as a whole."
The bank says it has complied with the Disability Right's Commissions' Code of Practice and arranged access to three other branches, as well as offering Mr Allen the use of telephone or internet banking services.
Reader views (3)
Perhaps the citizens of West London need to take Mayor Boris to see this judge regarding the step free station that was suddenly cancelled. A project far more usful than a bunch of bike stands!
The other group that prevents access is the preservationist lobby who also moan when buildings are altered.
- Melvyn Windebank, Canvey Island, Essex, 11/11/2009 11:49
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Let me see, there are plenty of shops and business in central London that have a step or steps restricting access to their premises.
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I have bought things on the street outside shops on Piccadilly, the Strand, Madien Lane, Bedford Street, Fulham Road, Marylebonne Road.
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After a while you remember where the business are that you can't go into and just blank those places.
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It alright once or twice but after all these years and my mentioning to merchants, these places just blank the wheelchair-using customer.
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Cheers.
from,
R
.
- Rebeccaofsunnybrookfarm, Westminster SW1, 10/11/2009 23:57
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Can someone out there get Judge John Dowse to deal with the unfair bank charges now.
- Mr S.Port, London, 10/11/2009 22:44
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