Avon and Bristol wins case to provide wheelchair access

Tavistock resident, Marjorie Corner has settled her claim against Plymouth Hospitals NHS Trust for failing to provide wheelchair accessible toilets in a ward, and is now campaigning to ensure the Trust carry out vital improvements promised in all their hospitals.

As someone who has Multiple Sclerosis Mrs Corner needed to have a toilet accessible to wheelchair users during her stay at Derriford Hospital in March 2007 but, on her ward there were none.

She said: “As someone who had been admitted for a complete bowl evacuation prior to a colonoscopy, this proved to have a hugely detrimental effect on the standard of care I received.

“It was ghastly, they did not have a suitable commode so I was left in my bed. This wasn’t the nursing staff’s fault but it literally resulted in my lying in my own waste for three days.”

Mrs Corner spent many months writing to the Chief Executive to discuss the situation.

She said: “I spoke to the Disability Rights Commission who offered conciliation to the hospital but received no response and they advised me to take court action. 

“The more I discovered about the hospital’s practices the more appalled I became. It soon became clear that all but one of the wards had no disabled toilet facilities.

“I did not pursue the case for myself but because I was disgusted with the lack of basic facilities available, the basic human rights for disabled people, abandoned by the area hospital.

“I found the Avon and Bristol Law Centre online, contacted them by phone and from then on things started to happen.

“The ABLC was absolutely crucial in this outcome. There has been a lot of correspondence, it has all been very positive. Nothing else was going to make the hospital do anything.”

On July 11th 2008 District Judge Daniel at Bristol County Court, Greyfriars, approved an order agreed between the parties. The Trust agreed to apologise and pay Mrs Corner damages in settlement for her claim for discrimination and breach of human rights.

The Trust has also agreed to ensure that the current refurbishment programme will provide a wheelchair accessible toilet on each inpatient ward in line with the Disability Discrimination Act 1995.

Mrs Corner said: “Our main hurdle is still to clear as the hospital has not yet committed to speeding up the improvements of their toilet facilities but with the help of the Avon and Bristol Law Centre we shall carry on. This is for every disabled person in the east of Cornwall and nearly half of Devon.”

Of Mrs Corner’s case, a spokesperson for the Avon and Bristol Law Centre said: “I am glad that the Trust has recognised they needed to settle this case but I am still concerned. What I hope is that they implement the changes they have agreed to make as quickly as possible to ensure that there are accessible toilets on every ward”.

“If a disabled person considers that they have experienced disability discrimination, then should seek further advice about challenging that discrimination. There is a helpline that provides advice about all strands of discrimination open every day at the Equality and Human Rights Commission ”

Further details of the case can be obtained by contacting Mrs Corner and

Press Release: Avon_and_Bristol_1st_August_.doc

Update:

The trust is currently undertaking a full refurbishment programme. The hospital’s planning department is undertaking a survey of all toilets to identify which need improvement. A hospital representative said, “A number of ward areas have already been upgraded and now have facilities for patients with a disability. This work will continue on other ward areas over the coming months and will be completed in the near future.”