Equality Act 2010
The Equality Act 2010 describes an assistance dog in section 173 as;
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(a) a dog which has been trained to guide a blind person
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(b) a dog which has been trained to assist a deaf person;
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(c) a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;
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(d) a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;
Why must businesses allow assistance dogs?
In accordance to the Equality Act 2010, as a service provider you have a duty to make reasonable adjustments for disabled persons.
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2010 c. 15 Part 2 Chapter 2 Adjustments for disabled persons Section 20 - Duty to make adjustments
20 Duty to make adjustments
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Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.
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The duty comprises the following three requirements.
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The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
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The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
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The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
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Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.
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A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.
How is denying an assistance dog discriminatory?
Denying an assistance dog access to a service is an act of discrimination as you are treating a disabled person unfavourably,
denying them access to a service, because of a consequence of their disability, which is having an auxiliary aid.
15 Discrimination arising from disability
(1) A person (A) discriminates against a disabled person (B) if -
a) A treats B unfavourably because of something arising in consequence of B's disability, and
b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
