following cassas question last year
https://www.theanswerbank.co.uk/News/Question1607873.html i see that it's been thrown out of court AND the mum has to pay some of the theme park's legal fees.
i think i agree ith the decision - how about you?
if you're paying £55 for a theme park you assume they have suitable toilets for everyone, from old people to young kids to baby changing to disabled access etc.. it's poor show.
It clearly wouldn't be possible for every business to do. Maybe it should depend on the size of the place, how many visitors and profits...
But I presume the family get disability benefits, so maybe that should be looked into to cover the cost.
I'm slightly torn too. If it was my child of course I'd want him to be able to enjoy everything as 'normally' as possible but I think I would have pursued it via talks with the theme park, possibly raising awareness WITH them, maybe crowd funding with them as opposed to going hell for leather to court to try to extract compensation. No-one won here, it could have all been avoided if she hadn't been quote so enthusiastic shall we say to litigate.
if you have disabled kids you must be ready to make do, you can't expect everywhere to have all the facilities that you would like. This is a case of £ signs in the eyes and attention seeking.
This doesn't seem to be a disabled toilet, spath, but specifically, also needing a hoist and a changing table, plus the space to use them. It must be difficult for the mother, but doesn't seem entirely reasonable to place these everywhere.
What are Changing Places toilets?
Changing Places toilets are larger than standard disabled toilets and have extra equipment like adult-sized changing benches and hoists.
The requirements for such facilities are:
adequate space for a disabled person when they are not in their wheelchair, their wheelchair and one or two carers – 12sqm (3m x 4m)
an adult sized, height adjustable changing bench, wall mounted or free standing
a ceiling tracking or a mobile hoist
a peninsular (centrally placed) toilet
a privacy screen or curtain
a large bin for pads
an emergency alarm
a paper roll
a non slip floor
Obviously not every establishment can provide all the above.
Although I still maintain no establishment can be all things to all men/women/LBGTQ+/ or whatever they chose to be) as long as the establishment has made as reasonable provision is possible under the circumstances then that should be it.
In this case the park had actually made the provision and upgrade but the family via (no win no fee) solicitors, decided that wasn’t good enough and wanted compensation and fees.
The court quite rightly said pee off. I bet she doesn’t end up paying the £8k. I bet either a campaign group pay it or a go fund me page is set up.
I'm not sure exactly what the laws would be here, but generally, hoists in public use need to be professionally serviced amd maintained at least every 6 months, which all has to be paid for too. You can imagine the problems if it broke... so, for one person, while I do feel for him, I don't think it is realistic. Maybe the family should get a payment to cover what they have to use instead.
I suspect they already do, 237. My sister gets a payment for her youngest who is very autistic and even she says it is ridiculously high, as he takes a little more time, but is no more expensive... but money is rolling around in LD, especially, so it makes more sense for it to come from that, than expect businesses to pay.