A boy with severe disabilities is suing the amusement park he describes as his “favourite place in the whole world” for not providing a toilet that he can use.
Adam George, 11, is claiming that Flambards theme park in Cornwall discriminated against him and failed to make reasonable adjustments for him under the Equality Act 2010.
The legal action is being seen as a test case over the provision of “changing places” toilets, which feature specialist equipment and are needed by an estimated 250,000 people in the UK.
Flambards, in Helston, said it takes inclusion of all visitors seriously and has made adjustments to its toilets.
Adam, from Redruth in Cornwall, was born with a condition that weakens his muscles, affects his speech and requires him to use a wheelchair. In addition he has autism.
His mother, Rachel George, describes him as “full of fun and a bit of a thrill-seeker”. She said that because he cannot walk, run or jump, the experience of movement and speed a fairground ride gives is all the more precious to him.
She said: “We used to go to Flambards all the time when I could still lift him to the toilet. But then he got bigger, and I got older, as well as suffering back injuries from years of lifting in awkward spaces. All of a sudden, we couldn’t do it any more. The world started to shrink for Adam.”
Rather than telling her son she could no longer take him to Flambards because she could not lift him on to the toilet, she made excuses, often simply telling him the park was closed.
When she finally admitted the problem, her son came up with a solution. “Adam immediately had a great plan – we would simply tell the manager at Flambards what was needed,” she said.
They informed the park that Adam and many others needed a toilet with a ceiling hoist and adult-sized changing table.
Unsatisfied with the attraction’s response, Adam, with his mother acting as a litigation friend, has launched legal proceedings.
Under the Equality Act 2010, all service providers have a duty to make “reasonable adjustments” to ensure that, as far as possible, disabled people enjoy the same experience as non-disabled people.
The Georges accept it is not reasonable to expect small cafes and shops to provide changing places toilets but believes places like Flambards, where people spend long days, ought to.
It is believed to be the first case brought on whether providing a changing places toilet is “reasonable”. The case raises the question of what is reasonable in terms of cost for a business to incur in order to comply with the Equality Act.
Flambards insists that it has taken action.
A spokesperson said: “We have worked very closely with CAAP (Cornwall Accessible Activities Programme) in order to make adjustments which would be suitable not only for Adam but for people with a wide range of disabilities.
“We have over 4,000 disabled and carers visit each year and to date we have had only one complaint that we do not have a changing places toilet and have received much praise for the efforts we are making to help improve the visit for our disabled guests and their families and aim to make the park as fully inclusive as possible.”
The attraction said it had invested in a “fully height adjustable mobile medical table and a mobile hoist which is available if required”.
It said it had been quoted more than £40,000 for a custom-made building, so had looked for an alternative within its existing four disabled toilets.
The Georges’ solicitor, Chris Fry, of Fry Law, expressed surprise Flambards was able to invest in new attractions at the park but not a changing places toilet.
Robert Meadowcroft, the chief executive of Muscular Dystrophy UK, which co-chairs the Changing Places Consortium, said: “Access to toilets is something that a lot of people take for granted, and it is shocking that families need to bring cases like this forward just to safeguard their children’s dignity.”
The consortium campaigns for fully accessible toilets. Meadowcroft said: “We need to see building regulations changed so that all new buildings over a certain size – including theme parks – include changing places facilities. But we also need to see more venues installing them now.
“Without them, over a quarter of a million people with a severe disability are faced with the choice of not going out, cutting their outings short, or being changed on a toilet floor.”