What can I do to find out if the restaurant are compelled to have a disabled facility?

Rimmo47

Hi I need some advice if anyone can help me. I went to a restaurant on Sunday and it is smallish and cosy on the ground floor with approx 15-18 tables. However, you then navigate an iron spiral staircase up to the second floor which has a huge open floor of lots of tables and then at the rear is the bar area separated by iron railings and the servers area with another 3-4 tables ( depending on the size of the party as there were 8 people on the table next to us which was probably two tables together. )

Although there was a lot of empty tables, we were given a table at the rear which was tucked under the iron railings and room was sparse. I have a spinal injury and in addition, I currently wear a full leg brace and use a single crutch for balance due to recent knee surgery. 

Each time the server went passed me, I would have to move my leg so that they didn’t inadvertently catch it or kick my foot. This was not easy to do because the room around the table was so limited so all I could do was to stick my leg out at a straight angle. Twice the server managed to knock my foot and they apologised and continued on with their service but I was in agony. Then when the customers at the adjoining tables stood up and moved, the same happened again . I was already in pain after navigating the spiral staircase as they couldn’t offer a table downstairs. 

I then asked the server for the disabled toilet only to be told that they don’t have one . I was shocked and she agreed it was not good but it wasn’t up to her. ( With my spinal injury and nerve damage, I often need the toilet and this can be 3,4,5 times an hour sometimes and I need to go immediately that I get the urge because otherwise I pee myself). 

I then had to navigate a further huge staircase to the third floor to access the toilet and then follow the long corridor back on itself to the ladies. When I got in there , 5 young children were playing with the taps and i noticed water on the floor so I was careful to navigate through it ( mum then arrived shouting at them and they left ). 

I went forward into the cubicle but it was tight and as I turned around as though I was going to sit on the toilet and I reached for the door to lock it , I slipped and fell to the floor. My back was wedged against the porcelain toilet and my knee was stuck in front of me , but wedged against the half open door with no handles or anything for me to use to anchor myself to get up and no room to navigate and turn around . Eventually, I phoned my friend who was with me who came to my rescue. I was in agony and crying hysterically. I calmed down and I then had to navigate the huge staircase down . It took me what seemed forever but realistically was around 15-20 minutes but sufficient that by the time I reached the bottom and turned left back towards the table area , there were some 5 or 6 people all patiently waiting in a line to access the stairs to the ladies and gents . 

Everyone was looking at us and I was visibly in pain and distraught so we paid the bill and left the restaurant in embarrassment. When we again navigated the spiral staircase, I saw the same member of staff and I said are you sure that there’s no toilet other than the third floor because I’m sure under the disability and equality act 2010 that you must have one but she again said that she agreed but unfortunately there’s no lift and no disability accessible toilets . 

What can I do to find out if they are compelled to have a disabled facility? And what action can I take to try and rectify this ? I don’t want to  ‘sue’ them as many people have already told me that I should. I just want access for disabled people so that they don’t need to go through the embarrassing situation that I did. I was bedbound Monday Tuesday Wednesday and Thursday, in a lot of pain in both my back and my leg/knee. Surely this is not acceptable from a legal standpoint? 

Tori_Scope

Welcome to the community @rimmo47  

I'm really sorry to hear that you had this experience. I haven't had loads of time to research your question, but I'm sure that others with personal experience of this will find and comment on your post soon! 

In the meantime, you may want to read our page on disability discrimination by private and public service providers.

Are you familiar with the Equality Act 2010?

calcotti

It is not an absolute requirement to have a disabled toilet. Properties are expected to make adaptions that are reasonable in the circumstances. Small premises often simply have insufficient space to make the necessary alterations.

woodbine

@Rimmo47 hi and welcome to scope, I think the answer is simple if I'm honest and that would be don't go there again.

calcotti

https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice
Have a look at page 97 and the next few pages