Kambanis .v. Unity Leisure trading as Northampton Leisure Trust (Inaccessible Play Area)

Archie has Spinal Muscular Atrophy Type II and has lost strength in his muscles since birth and as a result requires the use of an electric wheelchair.

Archie attended a play area with his mother and friends on 04/04/2017.  Although he is unable to access certain sections of the play area due to his electric wheelchair, the Claimant is able to play where the space is flat .  His mother checked the speed on his wheelchair was set at the medium level, which is the appropriate and safe speed for play.

A member of staff approached the Claimant’s mother and advised that he would need to leave the play area as they could not have a motorised vehicle in the space, which is why they do not allow ‘go karts’ to be used in there.  The Claimant’s mother did try to explain that the Claimant required his electric wheelchair for mobility and this was not the same as having a go kart in the play area.  The Claimant’s mother went on to ask what would happen should he return for a party and the member of staff confirmed that he could return but would not be allowed within the play area and he would have to stay in the café.

We are instructed to obtain an adjustment to the policy which refuses access to children who use wheelchairs.




About the Author

Chris Fry

Chris is the founder of Fry Law.