Ask the experts

Q Four years ago I was diagnosed with p/p MS. This got so bad that a year ago I had to sell the fishing boat that I skippered in north-west Scotland, partly because I couldn’t climb up and down the ladders attached to the harbour wall. The harbour is Kinlochbervie and is owned and managed by the Highland Council. A new development is now going ahead there that includes a floating pontoon that’s accessible by a walkway that, even with my limited mobility, I should be able to negotiate, so I had plans to buy a small boat. But when I phoned the Harbour Manager I was told that the Highland Council didn’t have a disabled policy in place for its harbours and that there would be no preference for anyone with a disability, nor indeed that it had any obligation to make any such provision. I would stress that what I had in mind was for pleasure only, not commerce. I thought that any new build had to make some provision for the disabled. Am I wrong?
Joe Larter, by email

Aidan Crook of the Disability Law Service writes:
The Disability Discrimination Act 1995 (DDA) does not place a specific duty on service providers or local authorities to give preferential treatment to disabled people in the provision of their services and facilities. However, the Highland Council does have other general duties to disabled people under the DDA. For instance, the DDA makes it unlawful for service providers to discrim­inate against disabled people in the provision of their services, in particular by not making reasonable adjustments for them in the provision of their services under s.21 DDA 1995. Adjustment may include altering practices, policies and procedures where these put disabled people at a substantial disadvantage. In the present case, it may be a reasonable adjustment to give preference in the use of the floating pontoon to people with mobility problems, because people with disabilities are unlikely to be able to use the harbour without use of the floating pontoon, and the ultimate aim of the DDA with regard to service provision is to allow disabled people to access services with as much ease as the rest of the public. The Highland Council is
also covered by the Disability Equality Duty under which the DDA requires the promotion of equality of opportunity between disabled persons and other persons, and requires local authorities to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons. You may therefore want to consider writing to the Highland Council reminding them of their duties under the Act and requesting that it put in place the reasonable adjustments that you require. You could also request information on the reasons for the Highland Council’s failure to comply with your request under the DDA. This information can be requested by issuing a Disability Discrimination Questionnaire, a copy of which can be obtained from the website of the Equality and Human Rights Commission.

Q In the summer I flew with Air China, which lost my wheelchair for 24 hours and returned it damaged. It has admitted liability and is offering to settle for the damage under the terms of the Montreal Convention. However, for that 24-hour period when I had to use another, totally unsuitable wheelchair, with all the distress and hassle it incurred, it’s offering me a derisory £27. I’ve emailed Air China suggesting it make a reasonable offer but I’ve received no reply. Is there anything else you could suggest?
Lucy Savage, by email

Andy Wright says:
Airlines are still not answerable under the DDA and as such, pursuing claims can be difficult, but the Air Transport Users Council should be able to advise. They’re at CAA House, 45-59 Kingsway, London WC2B 6TE. Phone 020 7240 6061 (Mon to Thurs, 9.30am to 2.30pm). Email complaints@auc.org.uk. At the same address is the Civil Aviation Authority. Phone 01293 573725. Email infoservices@caa.co.uk. Try, also, the Equality and Human Rights Commission Helpline, Freepost RRLL-GHUX-CTRX, Arndale House, Arndale Centre, Manchester M4 3EQ. Phone 0845 604 6610.

Q I’m 38 years old, disabled, and will be starting an OU course in April on counselling, which is a career I’m interested in pursuing. My problem is that I’ll need to drive but can’t afford lessons. Is there some sort of loan or grant I could get? I receive DLA at the highest rate (for life) and income support.
James Salmon, by email

Helen Smith replies:
That’s tricky. Motability usually only helps people aged 16 to 24 who get the Higher Rate Mobility Component of DLA but in exceptional circumstances it may pay for people over 24 so it’s worth applying. Try looking through the charity listings at your local library to see who donates money to individuals. (Have you tried the Rotary or Lions clubs?) As you’re not yet working, the Access to Work Scheme probably won’t help but see an adviser at your local job centre because driving lessons may be something they can help with once you have a job. Perhaps, also, see a doctor about getting an NHS wheelchair to help improve your mobility short term.

The Experts:

We have experts who can answer questions in many areas that matter to us.

Sexual & Personal issues: Simon Parritt, a counselling psychologist who has studied psychosexual therapy, was the only disabled director of the Association to Aid the Sexual and Personal Relationships of People with a Disability (SPOD).

Legal Matters: Douglas Joy, senior solicitor at the Disability Law Service, and his colleagues give advice on disability and the law.

Benefits and Debt issues: The Citizens Advice Bureau puts its expertise at our disposal to help you.

Technology and Internet: Léonie Watson from digital consultancy Nomensa is here to get you connected and keep you up and running.

Specialist or Adaptive Equipment: John Mandrak, for nearly 25 years a disability journalist and consultant,gives advice on the Disabled Living Foundation’s helpline.

Travel: Andy Wright is managing director of Accessible Travel, a specialist tour operator providing holidays for people with mobility impairments, and has huge experience in the travel trade.

Money management: David Clarke has spent 14 years in banking and has worked for three leading financial service providers. He is now a senior partner with Clydesdale Bank and his wealth of experience is all yours.

Access & the Environment: Agnes Fletcher is a disability trainer and consultant who can find solutions to access problems.

Property: Kate Sheehan is an independent occupational therapist with 20 years’ experience and a passionate interest in housing solutions for disabled people.

Motoring & Transport: Helen Smith of Mobilise steps outside her Disability Now column to answer your questions on car matters.