Discrimination against my cousin

nottheo

Hi everyone

I’m new on this forum. I wanted to get some thoughts and advice on behalf of my cousin who has cerebral palsy and has just suffered the worst kind of discrimination by BA.

He regularly flies to and from Egypt where he has family. Yesterday he was supposed to fly back from Cairo but BA staff refused him travel on the basis that “last time it took half an hour to board him” and they “could not take this risk again”. This despite the fact that we had requested level 3 assistance for him.

The most upsetting aspect however was the way he was treated by BA. In Cairo airport only individuals travelling are allowed through to the check in desk. So his family had to wait outside while the special assistance porter wheeled him through. Apparently the BA checking manager failed to acknowledge him at all when he tried to speak to him, choosing instead to speak over him to the porter before he was summarily dumped with his luggage at the general area. The BA staff even refused to come and discuss with his family claiming that they were too “busy” and they had “plane to board!”. To compound the matter, we were also told that under BA terms and conditions we had no right to a refund. My cousin was completely traumatised. He felt humiliated and dehumanised by the whole incident. His sister, used to defending him during childhood against school yard bullies, collapsed into tears of frustration as she felt helpless to protect him against this corporate bully.

We have already spoken to BA and they are defending their stance. I have also spoken to the EHRC who advised that the transport is an exemption within the bounds of equality laws meaning that BA may not have broken any laws.

I am wondering if anyone has any similar experience or can advise on this please. It seems unjustifiable discrimination and it frustrates me that BA don’t seem to be taking the matters seriously.

MW123

@nottheo

Firstly, welcome to Scope.

This is absolutely unacceptable, and I can understand why your cousin and his family feel devastated. No one should be denied travel simply because they need assistance, and BA’s treatment of him was both discriminatory and dehumanising.

BA had advance notice of his needs, yet they refused to board him and failed to communicate properly. Their excuse, that it took too long last time, is not valid. Denying a refund only makes the situation worse.

While transport may be exempt from certain equality laws, aviation regulations still protect disabled passengers. You can file a complaint with the Civil Aviation Authority. Your cousin deserves an apology, a refund, and assurance that this won’t happen again.

I am genuinely shocked to read about this. It is hard to believe that in this day and age, such blatant disregard for a disabled passenger’s dignity and rights could still occur. I hope BA is held accountable for this appalling treatment.

chiarieds

Hi @nottheo - & welcome from me too. I'm extremely sorry to read what happened to your cousin. I wonder if contacting BA's CEO might also help, as this simply shouldn't have happened. Please see: https://emailist.co.uk/british-airways-ceo-email-address/

nottheo

Thank you so much for your messages of support. I will be sure to message the CEO today. I agree, this is totally unacceptable and I won’t rest until I get justice for my cousin. I was disheartened to hear from the EHRC that there is a loophole behind which corporations can hide to disguise their own priority for convenience, but if this true then the law needs to change so that organisations are no longer able to hide behind this to justify the unjustifiable. I have already written to my MP.

Santosha12

Hi @nottheo, I am so sorry to hear of what your cousin experienced, it is quite shocking and sadly, far too common.

Have you heard of 'Rights on Flights', a global campaigning group?; Sophie Morgan a (UK) TV presenter, author and artist, is an activist for disabled rights and was instrumental in setting this campaign a few years ago, she is also a wheelchair user herself. You may find their website of help. I saw a documentary I think she herself produced and it was just appalling; she is very active lobbying the industry.

I hope your cousin can take some hope from the fact that people who care are trying to effect change. Utter shame though on BA.

Take good care.

MW123

https://forum.scope.org.uk/discussion/comment/1037028#Comment_1037028

I just wanted to reassure you that UK law does protect disabled passengers in situations like this. If BA doesn’t provide a proper response, you can take the matter to the Civil Aviation Authority, which is responsible for ensuring airlines follow these rules.

Under Regulation 1107/2006 (which still applies post Brexit), airlines cannot refuse boarding or deny assistance to a disabled passenger unless there’s a serious safety concern or something about the aircraft’s design that makes it physically impossible.

Saying it “took too long to board last time” is not a lawful reason. BA were informed in advance that your cousin needed assistance, so they were legally required to provide it.

It’s very possible your initial complaint was handled by someone who didn’t fully understand the regulations. But once this reaches the CEO, I would expect it to be taken seriously. I’m sure they’ll be as horrified as the rest of us. This isn’t just poor service, it could be a breach of the law.

If BA still fails to respond appropriately, I strongly recommend submitting a formal complaint to the CAA. They have the authority to investigate and take enforcement action if needed.

nottheo

https://forum.scope.org.uk/discussion/comment/1037030#Comment_1037030

Thanks for this. This is helpful. I will try to get in touch with Sophie too to make her aware of this incident and the appalling BA response.

nottheo

https://forum.scope.org.uk/discussion/comment/1037091#Comment_1037091

Thank you. This is reassuring. It seems obvious and logical that disabled people should not be treated so appallingly. I have forwarded the complaint to the civil aviation authority but received an automated message advising that BA is part of an alternative dispute resolution body (CEDR) so assume they won’t be involved. I will have to wait for 8 weeks before I can contact the CEDR.

My only concern is that the check in manager will not admit that he made the flippant comment about it taking too long and will deny treating my cousin with disdain. These people are probably well versed in what to say or not to say if there is a more formal investigation.

MW123

@nottheo

Apologies, I hadn’t realised that BA is monitored by CEDR rather than the CAA. At least they’ve provided that information upfront, so you know the next steps in the process. But the rules remain the same, whichever body monitors them.

I completely understand your concern about the check in manager denying what was said. Unfortunately, once a complaint escalates, people often become economical with the truth of what happened, especially if their job is on the line. However, the key issue isn’t just the comment, it’s the fact that BA failed to provide the assistance your cousin was entitled to. That alone is grounds for a complaint, regardless of whether they admit to the manager’s behaviour.

If there were any witnesses or written communication about the incident, that could help strengthen your case. But even without that, BA should have records of your cousin’s request for assistance, and their failure to meet their legal obligations is what really matters here.

I really hope BA takes this seriously and does the right thing. If they don’t, CEDR should be able to step in and ensure accountability. Wishing you and your cousin the best, and please do keep us updated.

nottheo

Thanks. I needed to contact the CAA to first so this definitely isn’t a wasted step. I will wait to see if they will do the right thing but in the meantime we’ve put in a request for a subject access request with BA so hoping this will provide some evidence. At least of our complaint at the time this was unfolding.

Santosha12

https://forum.scope.org.uk/discussion/comment/1037091#Comment_1037091

You're very welcome @nottheo.

I'm sorry I didn't ask you but did your cousin manage to still get back to the UK via another airline?

I've been trying to think of other airlines who are more inclusive. My ex-partner was a wheelchair user (spinal cord injury c6/c7) we flew to the USA with Virgin Atlantic from Gatwick, but I'm certain it was BA and Singapore Airlines which were used more frequently too but I didn't get that involved in that (bookings etc), he did. He had a manual wheelchair which I think from memory, always went in the cabin not the hold but not 100% sure of that.

EgyptAir also look to have comprehensive support for passengers with a disability but I've no experience of them.

I do wish you and your cousin well and send my very warmest wishes.

nottheo

Hi Santosha

No unfortunately my cousin hasn’t yet made it back. We have been told that Egyptair is more helpful as some individuals with more serious disabilities have been able to successfully fly with them unaccompanied. He is still quite shaken so needs some time to get over this before trying again (despite the fact that we will need to cancel medical appointments as a result). The fact that BA won’t even refund the price of the ticket will also have financial implications.

Thank you very much for your best wishes which I will pass onto my cousin.

Santosha12

I am so very sorry @nottheo that is awful. Its absolutely shockingly atrocious tbh, not only the trauma your cousin experienced at the time, but the longer-lasting impact this can have psychologically.

I do hope Sophie Morgan (or any of her team) may be able to help and particularly, if she might even be able to use her influence to escalate the complaint as its very serious too with the financial implications it has caused. I'd personally consider taking it to the Minister for Transport too.

It sounds like you're already 'all over it', if I may put it that way, on your cousin's behalf. I know from what you've wrote that it has impacted all of you/your cousin's family and sounds traumatising for his sister too. Very deeply upsetting and I sincerely hope your cousin gets a full and proper resolution from BA who, I'm sure you'll know, are vicariously liable for the actions of its' employees or agents.

My very warmest regards to your cousin and your family.

nottheo

Thank you for all the great advice and your kind words. You’ve given me some good ideas and leads. It helps to know that there are other people around to provide moral support.

MW123

https://forum.scope.org.uk/discussion/comment/1037300#Comment_1037300

Just a thought, if you have not already done so, I strongly recommend obtaining written authorisation from your cousin via email, formally permitting you to handle this matter with British Airways on their behalf. A concise statement confirming their consent, including their full name, booking details, and signature, should be sufficient.

Providing explicit authorisation from the outset will help avoid unnecessary delays or complications, as British Airways may decline to engage with you due to data protection regulations unless this documentation is in place. Wishing you all the best with this.

nottheo

Thank you. That’s a great suggestion.