1 Assistance Dogs - Equality And Human Rights Commission
1Assistance dogsA guide for all businesses
2The Equality and Human RightsCommissionWe have a statutory remit to promote and monitor humanrights; and to protect, enforce and promote equality. We arecommitted to the vision of a modern Britain where everyoneis treated with dignity and respect, and we all have an equalchance to succeed.We have produced this guidance to help businessesunderstand what they can do to comply with their legalduties under the Equality Act 2010.Who should read this guide?If you offer a service to members of the public whetherfor payment or not, whether you are a private businessor a public service, this guide is for you. It explains whatyour legal duties are to assistance dog owners under theEquality Act 2010 and how you can meet them, often at noadditional cost.
3Contents1.What is an assistance dog?2.Why should assistance dogs be welcomed4by businesses?73.What are my legal obligations?84.What do I need to do as a business owner?115.Where can I find further advice?15Contacts16
41. What is an assistance dog?Thousands of disabled people rely on an assistance dog tohelp them with day to day activities that many people take forgranted. You may be surprised to learn that it’s not only blindpeople that are helped by assistance dogs.Assistance dogs are also trained to help people withhearing difficulties, epilepsy, diabetes, physical mobilityproblems and more. Assistance dogs carry out a varietyof practical tasks for people as well as supporting theirindependence and confidence.Assistance dogs are not pets and aretreated as ‘auxiliary aids’Assistance dogs are highly trained which means they: will not wander freely around the premiseswill sit or lie quietly on the floor next to their ownerare unlikely to foul in a public placeMost are instantly recognisable by a harness or jacket.However, the law does not require the dog to wear aharness or jacket to identify it as an assistance dog.
5Some, but not all assistance dog users, will carry anID book giving information about the assistance dogand the training organisation together with other usefulinformation. Again, this is not a legal requirement andassistance dog users should not be refused a servicesimply because they do not possess an ID book.Assistance dogs can also be owner trained and the ownerselects their own dog to fit their own requirements.
6‘Disabled people whouse assistance dogsquite often experiencediscrimination thatprevents them fromdoing everyday thingsother people take forgranted’
72. Why should assistance dogsbe welcomed by businesses?Disabled people who use assistance dogs quite oftenexperience discrimination that prevents them from doingeveryday things other people take for granted. Thisis because shops, restaurants and other businessessometimes object to assistance dogs being brought ontotheir premises. If this happens, the effect is to deny thedisabled person the opportunity to buy goods or useservices in the way other people do.Potential consequences include losing valuable businessand risking claims of disability discrimination, which couldresult in financial compensation.Photo courtesy of Veterans with Dogs
83. What are my legal obligations?A disability is defined by the Equality Act 2010 as ‘aphysical or mental impairment which has a substantialand long-term adverse effect on the ability to carry outnormal day-to-day activities’.It is unlawful for a service provider to discriminate againsta disabled person in the following ways:Direct discrimination:treating a person lessfavourably than others because they are disabled orperceived to be disabled. For example, refusing to allowentry to disabled customers, whether or not they haveassistance dogs.Indirect discrimination:where a particular policyhas a worse impact on disabled people than on people whoare not disabled. For example, a ‘no dogs’ policy will havea worse impact on disabled people using assistance dogsand could be indirect discrimination unless the policy canbe objectively justified.Discrimination arising from disability:treating someone unfavourably because of somethingconnected to their disability. For example, refusing thesame level of service to a disabled person because theyhave an assistance dog.
9Failure to make reasonable adjustments:where a physical feature, provision or practice puts adisabled person at a substantial disadvantage the serviceprovider has a duty to take reasonable steps to avoid thatdisadvantage. For example, it will often be reasonable todisapply a ‘no dogs’ policy for assistance dog owners anda failure to do so would amount to unlawful discrimination.Disability harassment:treating someone in a waywhich makes them feel humiliated, offended or degradedfor reasons related to their disability.Direct discrimination by association:treatinga person who may or may not be disabled less favourablybecause of their association with a disabled person.Victimisation:treating a person who may or may notbe disabled badly because they have made a complaintof discrimination or supported someone who has made acomplaint.Discriminatory advertisements:if a serviceprovider advertises that in providing a service they willtreat disabled people unfavourably this will amount todiscrimination. For example, stating in a brochure thatassistance dogs are not welcome on the premises.
10Positive discrimination:the law recognises theparticular disadvantages that disabled people face and sotreating disabled people more favourably than others ispermitted.It would be unlawful to refuse a service to a disabledperson accompanied by an assistance dog except in themost exceptional circumstances. Ultimately only a court candetermine whether a refusal of service is unlawful and sucha determination would be highly dependent on the specificfacts and circumstances of the particular case.Photo courtesy of Sharon Lawrence
114. What do I need to do as abusiness owner?How can I tell it is an assistance dog andnot just a pet?Assistance dogs are highly trained to the owner’srequirements and: will not wander freely around the premiseswill sit or lie quietly on the floor next to its owner.If you have a lot of customer-facing staff, consider displayinga small sign or sticker on the door or wall at the entrancesshowing that assistance dogs are welcome. Make sure allrelevant staff are made aware that they must allow access toassistance dogs.What if the dog fouls on my premises?Assistance dogs are highly trained and so are very unlikelyto foul in a public place.My business sells food products, am Iobliged to allow assistance dogs in?Assistance dogs are highly trained, have regular veterinarytreatments and are tested on a regular basis to make surethey don’t present a health risk. The Chartered Institute ofEnvironmental Health has determined that they are unlikelyto present a risk to hygiene and should be allowed accessto restaurants, cafes, hotels, food shops and other foodpremises.
12What if the assistance dog is a danger ornuisance to other customers or staff?Assistance dogs are highly trained to make sure they arealways under control and will not be a nuisance to anyone.For example, they will not jump up and will lie down at theirowner’s feet if the owner sits down to eat.Disabled people who are partnered with assistance dogsmay also receive expert training to ensure that they canhandle their dogs.Why should I allow a disabled person to beaccompanied by their assistance dog?Disabled people rely on their assistance dogs to assistthem with everyday tasks and would find it hard to managewithout them. It would be unlawful to refuse access to adisabled person accompanied by an assistance dog exceptin the most exceptional circumstances (for example, incertain hospital wards).Assistance dogs as well as being trained to carry out taskscan also provide emotional and psychological wellbeing andimprove the confidence of disabled people who use them.
13Are there cultural or religious reasonsto deny service to a person with anassistance dog?Religious or cultural beliefs have sometimes been cited asa reason for non-admittance of assistance dogs. However,service providers should permit access to assistance dogsand such beliefs are not a defence against non-compliance.However, this is a sensitive aspect of the access issue andtact should be used by all involved.The Muslim Shariat Council have clarified that Muslimsshould accept assistance dogs in their businesses.What if someone is or might be allergicto dogs?Refusing to allow access to people with assistance dogsbecause other people ‘might’ be allergic to dogs is likely tobe unlawful disability discrimination. This is because theEquality Act 2010 states that service providers must makereasonable adjustments to policies for disabled people.This includes amending ‘no dogs’ and ‘no pets’ policies toallow access for assistance dogs.If there is an identifiable person with an allergy to dogs thenemployers and service providers should take reasonablesteps to ensure that person has minimal or no contact withdogs; reasonable steps are unlikely to include banning allassistance dogs.
14‘It would be unlawfulto refuse access toa disabled personaccompanied by anassistance dog exceptin the most exceptionalcircumstances’
155. Where can I find further advice?
16ContactsEquality Advisory and Support ServiceFor advice, information or guidance on equality,discrimination or human rights issues, please contact theEquality Advisory and Support Service, a free andindependent phone0808 800 0082Textphone0808 800 0084Hours09:00 to 19:00 (Monday to Friday)10:00 to 14:00 (Saturday)PostFREEPOST EASS Helpline FPN6521Questions and comments regarding this publication may beaddressed to: correspondence@equalityhumanrights.com.The Commission welcomes your feedback.Alternative formatsThis publication is also available as a Microsoft Word filefrom www.equalityhumanrights.com. For information onaccessing a Commission publication in an alternative format,please contact: correspondence@equalityhumanrights.com. 2017 Equality and Human Rights CommissionRevised edition published December 2017
17You can download this publication fromwww.equalityhumanrights.com 2017 Equality and Human Rights CommissionRevised edition published December 2017ISBN 978-1-84206-701-7
understand what they can do to comply with their legal duties under the Equality Act 2010. Who should read this guide? If you offer a service to members of the public whether for payment or not, whether you are a private business or a public service, this guide is for you. It explains what your legal duties are to assistance dog owners under the Equality Act 2010 and how you can meet them .
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