G .v. Flambards (Inaccessible Toilet Facilities)

A was born with a genetic condition caused by a gene fault found in his chromosomal analysis. Due to this, he has muscle weakness and multiple contractures (arthrogyposis) which has led to multiple problems with his limbs for which he has had to undertake extensive and extremely specialised surgery. Adam is also on the autistic spectrum and has anxiety.

Due to his disability, A needs assistance when going to the toilet and requires a hoist to be available too.

When A’s mother told Flambards’ manager why her son could not attend the park, she was told that they would investigate installing an accessible toilet.

On the limited times which Mrs G has been able to take her son to the park, she has had to hire and pay for a Mobiloo, which is a temporary facility in the back of a van which has a hoist to assist disabled people on to the toilet.

Mrs G has continued throughout this time to ask for Flambards to look into investing in a Changing Places toilet, which they have appeared to dismiss.

This of course means Mrs G incurs an additional cost when she takes her son to Flambards and A has to use a temporary toilet in the back of a van. This has affected A dramatically and he is now reluctant to visit new places because he is worried that there will not be suitable toilets for him.

We are instructed to obtain an injunction against Flambards to require them to make their toilet facilities accessible. We anticipate that Court proceedings will be necessary.

About the Author

Chris Fry

<p>Chris is the founder of Fry Law.</p>

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