• News
• Sport
• Comment
• Culture
• Business
• Money
• Life & style
• Travel
• Environment
• Blogs
• Video
• Jobs
• A-Z

Access, all areas

A wheelchair user's legal victory against his bank should make other organisations consider their disabled customers' needs

With so many headlines this week about the social and class barriers that hold too many young people back, it is sometimes easy to forget the physical barriers that thousands of people in Britain still encounter. This morning, a 17-year-old wheelchair user from Sheffield, David Allen, won one of the most significant legal cases to date under the Disability Discrimination Act.

In passing judgment at Sheffield county court, Judge John Dowse found that David's bank, the Royal Bank of Scotland, had not made any serious attempt to make the branch accessible as required under the law. They awarded David £6,500, the highest ever payout in this type of case. Even more significantly, for the first time since the DDA came into force in 1995, the judge ordered an injunction against the provider of a service. He ordered the bank to install a lift at the branch so David and other wheelchair users can access the building.

David challenged the Royal Bank of Scotland and – with the help of the Equality and Human Rights Commission and the Sheffield Law Centre – he won. This decision sends a strong signal to other providers of goods, facilities and services that they must make reasonable adjustments to ensure disabled people aren't treated less favourably.

David's battle began when, after opening an account at his local RBS bank in Sheffield city centre, he visited his branch to find that – contrary to the signs on display – the branch was entirely inaccessible to wheelchair users.

A catalogue of incidents ensued. At one stage he was forced to give personal details to a bank clerk in the street, causing him great embarrassment and indignity. The security implications of having to discuss his bank details openly on the local high street were also serious. The bank further suggested that David go to the nearest accessible branch, which was 10 miles away and would have required a two-and-a-half hour round trip by bus!

In court, RBS argued that David had been treated "better than any other customer", which is a curious defence considering the fact that he couldn't even get through the front door.

Some may ask, why didn't he change his bank? Or that surely with today's technology he could have done his banking online? But such questions miss the point. The issue is not that David was looking for special treatment, but that he wanted to access his local bank on equal terms with any non-disabled person. After all, you can't speak to someone face to face online and you can't pay cash in online.

In everyday life, many disabled people have to overcome barriers in the physical environment, and things as mundane as popping to the bank to pay a cheque in or open an account can become exhaustively challenging.

Unfortunately, since the DDA came into force, these types of cases rarely get all the way to court, often settling at the early stages with companies and organisations making small payments without any admissions of unlawful behaviour.

David Allen would not settle for less. He wanted fair and equal treatment and was determined to take his case to court, not only for himself, but also for others.

Following David's decision to stand up to a banking Goliath like RBS, similar bodies will think twice about offering disabled people second-class services. We know banks spend vast sums to entice new customers, but those figures only add up if all customers, including wheelchair users, can get through the door.

Close