Friday, February 8, 2013

Wheelchair user banned from own disability tribunal

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A disabled woman was barred from a tribunal  to decide whether she was entitled to benefits – because she was in a  wheelchair.

Sylvia Middleton, 65, was turned away by  security staff in case a fire broke out in the five-storey building.
It later emerged that wheelchair users have  been denied entry to Acorn House in Basildon, Essex, for three months over the  misplaced health and safety concerns.

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They included others attending disability  tribunals and workers attempting to visit offices in the mixed-use  block.

‘They said they couldn’t guarantee my  safety  and they didn’t let my wheelchair upstairs,’ said Miss Middleton, who was  summoned to the fourth-floor hearing by the Department for Work and Pensions to  be reassessed for Disability Living Allowance.

‘Why are they holding disability tribunals in  a building disabled people aren’t allowed in?’

Divorcée Miss Middleton has been without her £50-a-week payments since  December 2011 when they were suspended after an ‘administration error’.

She has been managing on her £140-a-week  pension in her two-bedroom  bungalow in Pitsea, Essex, while waiting for  the  benefit to be  reinstated.

After she and her son, Peter, were refused  entry on February 2 she was  told she would have to wait another two months for  her case to be heard –this time 12 miles away in Southend.

The mother of two developed crippling  arthritis in her knees, neck and back after a 30-year career as a factory  worker.

‘What angers me is that I am not one of those  people who wants to sponge off the state,’ she said.

‘I have been working since the age of 15 – I  had my two children and went straight back to work.

I got a job packing boxes but my arthritis  got so bad I couldn’t stand  up any more. I was assessed and the doctor said I  needed help.’

Other wheelchair-bound people who have been  banned from the building include office worker Paul Peterson, 33.

He said: ‘I was a bit taken aback because  I’ve worked here for 11 years and spent at least eight of them on the first  floor.

‘A security guard told me I wasn’t allowed  upstairs because they needed  to build an external lift to evacuate people in  wheelchairs in the event of a fire.

‘I thought that was a bit odd because they  always tell you not to use lifts if there’s a fire.

‘We’ve actually got an evacuation chair right  next to my desk in case there’s a fire,’ he added. HM Courts and Tribunals  Service yesterday admitted there had been a mistake.

A spokesman said: ‘Due to a misinterpretation  of health and safety  legislation by a security contractor a limited number of  users with  mobility issues have wrongly been refused entry.

‘We have taken immediate action to ensure  that this does not happen again and we apologise to those affected.

‘Full access to the tribunal is now being  facilitated for users with mobility issues.’

The spokesman added a written apology had  been sent to Miss Middleton – although she complained the date and venue for her  rescheduled  appointment had not been changed.

Employers and service providers have been  required to make ‘reasonable  adjustments’ to aid access to goods, services,  education and transport  since the Disability Discrimination Act 1995.

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