Disabled woman denied the right to fly alone

By Cathy Reay

A wheelchair user has been denied the right to fly by herself by an airline that claims, due to new EU legislation, she must be accompanied by a carer.

Kim Swift has flown with Monarch Airlines since 2002 but after confirming her flight this year she was told that she would not be able to take it without booking an extra space for a carer. 

Mrs Swift said: “Monarch told me that I couldn’t travel alone because of new EU legislation. But when I contacted the Equality and Human Rights Commission [EHRC] they told me that was ludicrous; the regulations were put in place to protect disabled people and, ultimately, give them the right to travel.”

When Mrs Swift pointed out that there is no paperwork that says she cannot travel alone, Monarch reportedly responded by saying that the issue was in health and safety, but could not provide her with evidence of their guidelines.

The new legislation, introduced on 26 June, states that, in most cases, anyone unable to fasten their seatbelt, leave their seat and reach an emergency exit unaided should be accompanied. This is also the same for passengers who need help with breathing, feeding, using the toilet, or taking medication.

“Look at this scenario: a plane crashes and I need to get out. My carer is not going to be able to lift me out of my chair and get both of us to the exit. I could do that much quicker by myself by crawling,” said Mrs Swift.

A spokeswoman for Monarch Airlines said: “The level of assistance that Mrs Swift is requesting would indicate that she is unable to fulfil the criteria and leave her seat to reach an emergency exit or toilet unaided. In light of this she was advised that she would be required to travel with a carer.

If Mrs Swift can comply with the new legislation, she would not be required to travel with a carer and has been advised to contact Monarch in writing to state this. As far I am aware, she has not done this.”

Mrs Swift has since written formally to Monarch Airlines, with support from the EHRC, and currently awaits a response.

A spokeswoman for the EHRC said: “There are regulations that say an airline can refuse passengers on safety grounds, but nowhere does it actually say what those grounds are, and consequently it leaves a lot of room for discretion. Mrs Swift’s case is being dealt with as a matter of urgency by our team.”