18-year-old disabled man takes on Royal Bank of Scotland in landmark appeal case

RBS is appealing against a landmark ruling in January which ordered it to install wheelchair access at the man’s local branch in Sheffield under the Disability Discrimination Act (DDA). The January 2009 ruling was the first time a court had ever ordered building work as a “reasonable adjustment” under the DDA. The cost of the necessary work was estimated at £200,000.

The man, David Allen, is a student at Sheffield Hallam University. He originally brought a complaint under the DDA because he was unable to get into his local RBS branch in Sheffield in his wheelchair and was forced to do his banking in the street outside.  The bank claimed at the January trial that this meant that David was “treated better than any other person”.

Ruling on the case in Sheffield County Court in January, His Honour Judge Dowse said that David “attended his own branch of the Bank where there was wheelchair accessibility signage. That was wrong and was later removed. The website said that there was wheelchair access. That was wrong. He was then told that he could use the staff entrance. That was wrong also. He was engaged in a private conversation about the opening of a savings account on the street in full public view… The suggestion by the Bank that David has received better treatment than others by the opening of the savings account in the street completely ignores any question of privacy for customer service to which David is entitled.”

David said:
“Despite everything, I still cannot get into my bank. It is clear that RBS won’t provide disabled access until they are forced to by the courts.”

David’s mother, Ceri Allen, who had to start the legal case as David was under 18 at the time of the first hearing, said:
“RBS claims to take disability issues seriously. In January, they told the court that David received better treatment than other customers because they allowed him to carry out banking transactions in the street. They are a multinational company, yet the privacy and dignity of disabled people has not even been considered. The only reason we brought the claim was because they thought they could ignore us.”

Douglas Johnson of Sheffield Law Centre, and Catherine Casserley and Robin Allen QC of Cloisters chambers, are representing David. Sheffield Law Centre provides free, expert legal advice and representation to poor and disadvantaged people. The case is supported by the Equality and Human Rights Commission.

Douglas Johnson, Discrimination Caseworker, Sheffield Law Centre, said:
“It’s wrong that large banks pay huge bonuses when people like David literally can’t get their foot in the door.  It’s also wrong that they get away with it because of the difficulties disabled people face in navigating the legal system.  If the Allens had not had the faith and perseverance to see this case through, the services of Sheffield Law Centre and the backing of the Equality and Human Rights Commission, they simply could not afford to ask for justice.”

For more information, please contact:

Clare Rudebeck, Communications Officer, Law Centres Federation
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NOTES TO EDITORS

1. Judgement on the case is expected to be reserved until a later date.

2. The Disability Discrimination Act 1995 prohibits discrimination related to a disability in the fields of employment, education, goods facilities and services (GFS) and public authority functions. Part 3 of the Act also requires service providers to make “reasonable adjustments” to their services so as to provide as close a service as possible to that provided to other members of the public. Service providers may have to make adjustments to their policies or practices, as well as to any physical barriers on their premises.

3. His Honour Judge Dowse gave judgement in favour of David Allen on 16 January 2009 in Sheffield County Court. He gave a declaration that RBS had discriminated against David Allen contrary to s.19(1)(b) of the Disability Discrimination Act 1995 – the “reasonable adjustment” duty. He also ordered the bank to install a platform lift, as detailed in an expert’s report before the court, and awarded damages for injury to feelings of £6,500, plus interest. This was the first known case where a court has granted a mandatory injunction under the DDA requiring building work to address physical features.

4. Sheffield Law Centre is a registered charity and provides specialist legal advice in housing, employment, immigration and asylum and discrimination law. Public advice line: 0114 273 1888. There are 56 Law Centres in the UK, supported by the Law Centres Federation.