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Mon 4th January 2010
Bank ordered to install a lift for disabled customer

The Royal Bank of Scotland has lost its appeal against an injunction ordering it to install a lift for a disabled customer at one of its branches.

The branch is a listed building and the cost of the alterations could be in the region of £200,000.

The case was brought by teenager David Allen who suffers from muscular dystrophy. He asked the bank to install the lift at a branch in Sheffield so he could access the premises in the same way as other customers.

The bank declined and invited Mr Allen to visit three other branches or use its services by other means such as the internet.

Sheffield County Court ruled that the bank had breached the Disability Discrimination Act and ordered it to install a lift. The court also awarded Mr Allen £6,500 compensation.

That decision has now been upheld by the Court of Appeal.

Giving the lead judgment, Lord Justice Dyson said: ""The public at large have physical access to banks in order to make use of traditional counter banking services and the bank's non-disabled customers have physical access to all of its branches, including the main branch.

"The judge was entitled to conclude that the provision of the alternative methods of making those banking services available that were relied on by the bank was not a reasonable alternative, unless there was no reasonable way of affording Mr Allen physical access to the main branch."

The Disability Discrimination Act 1995 requires businesses to make "reasonable adjustments" to enable customers to use their services. This case shows that the courts are prepared in some circumstances to interpret "reasonable adjustments" to mean that substantial and costly alterations should be carried out.

Please contact our Commercial Team if you would like more information on 01234 400000 or email mlawrence@pwhmllp.com

 

 

 

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