D2 – Bingo: Get someone to help you

Whose duty is it to provide access for you?

Organisations sometimes respond to a request for access, or complaint about failings by telling disabled people to “get your own family/carer/friend to help you”. This excuse seems to be especially common from public sector organisations like government departments, the NHS and local authorities. While some people are happy to use their own person to assist them, you should not have to provide your own assistant, or (in legal terms) “adjustment”.

The law is very clear – the duty to make reasonable adjustments belongs to the service provider (or employer).

This is another one of those situations where we can only recommend that you keep reminding the organisation in your correspondence and legal papers that the “duty to make adjustments is theirs”. In our experience, you sometimes have to keep challenging this right into court or beyond settlement of a claim.

Reasonable adjustment duty and Code of Practice

You may find it useful to quote the relevant Code of Practice around what a service provider is, and that the duty to make adjustments is theirs. You can also read and quote some of the extra content in the codes directly around adjustments or send a link to the Code and ask them to read it.

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