News

Face coverings crisis intensified by easing of restrictions

Unfortunately the face coverings crisis increases with easing of restrictions where people are officially allowed to do more, but where ignorant service providers wrongly believe that people are only allowed to take advantage of services reopening if they are able to wear a face covering. 

All UK devolved governments have approved exemptions so that disabled people unable to wear face coverings are not excluded from society.  Services cannot reasonably make up their own rules that go beyond the face coverings regimes envisaged by UK legislatures, namely that most people have to wear face coverings in relevant places, but not those who are unable to wear one. 

The dangerous mob rule that has sprung up in pockets around the UK, where people favour a 100% face coverings regime with no legal basis and take it upon themselves to enforce it, is a disburbing development in society with a very sinister dimension.   No security guards, members of the public, shop staff etc have any right to try to enforce face coverings.  Enforcement agents are specified in the relevant regulations and typically comprise police officers, police community support officers and local authority officers only. 

Face coverings exemptions cover virtually all indoor service environments.  Individual business owners cannot legitimately declare their premises a private space where the law of the land does not apply.  There is also no legal basis for people seeking to enforce mask wearing outdoors.

Due to the further increase in cases this situation has caused, we regret we can only take on the most urgent and severe cases.  These are typically situations involving harassment and exclusion from essential services of disabled people clearly unable to wear a face covering.  Also please bear in mind that the majority of service providers DO respect face coverings exemptions most of the time.

We do, however, have our services face coverings discrimination letter.  Please note there is usually a maximum of 6 months to get your case to court from the date of the discriminatory incident.

Information about taking matters further can be found here .

Please note service providers are unlikely to cave in without a fight - there is no magic letter or notice that will make everyone see sense.  If you go to court there is always a risk factor.  The risk is less the poorer you are.

Some service providers are very aggressive about the issue of masks - it brings out the worse in people.  The only way to bring cases against them is in the courts.  There is no enforcement body that will enforce your rights unless a criminal offence is committed.  This can be the case in the more extreme incidents but usually it's a breach of civil rights, which is only enforceable by the victim bringing their own proceedings. 

Unless enough of us make a stand, the situation may well get worse and lead to further erosion of basic civil rights. 

 

Defending the Indefensible

We are shocked to report the majority of service providers who have discriminated against, and harassed, disabled people unable to wear face coverings are not owning up and putting things right.  Instead, most are defending the indefensible.  Some even going so far as to assert they are entitled to refuse personal service to people unable to wear face coverings for medical reasons.

Disturbingly, many service providers are also turning events around on disabled people, saying their staff "feel threatened" when people point out government guidance regarding face coverings exemptions.  A situation only occurring because of, for example, wrongful insistence on exemption evidence and even outright refusal of entry. 

Most shocking of all are the number of NHS cases where people are refused treatment for being unable to wear a face covering.  "No mask no treatment" policies are in force at a small minority of hospitals and GPs with wide variation across the UK.  Almost unbelievably, some are defending their position even though it destroys the purpose of the NHS - to provide free health-care based on need.

We again apologise for the delay in responding to enquiries.  We are inundated like never before because disability discrimination and harassment have become so common.  We are a small not for profit company and are doing our best to get back to everyone remembering we have a six month time limit to work with for disability discrimination claims.  We also have our usual social security work (mainly PIP) to deal with as well.

 

Face coverings claims initial responses

Following our first face coverings success, where a major service provider agreed to pay the Claimant £7,000 for refusing her access for being unable to wear a face covering, a raft of pre-action correspondence has transpired.

Our first priority is to ensure that disabled people unable to wear face coverings can use services safely and without being harassed.  Apart from US based companies who don't understand UK equality law, it has not generally been difficult to get service providers to agree that disabled people exempt from wearing a face covering are entitled to go about their business on the same basis as everyone else, but on just one proviso, the words "I'm exempt" must be clearly stated if challenged.  This is unsatisfactory for some, but the Guidance does allow service providers to check if someone wearing a mask is exempt or simply forgotten to wear a face covering.  But that is as far as any service provider can legitimately go. 

We have therefore asked Her Majesty's Government (HMG) to improve awareness of the face coverings exemptions regime and our Director has received this encouraging reply from the Minister. 

Again HMG states, "...we make it clear that some people may have a ‘reasonable excuse’ for not wearing face coverings, and that people do not need to prove they are exempt and should not be challenged about this.  We are also clear that people should remove their face coverings to aid communication where asked, and that those accompanying or assisting people for whom a face covering will inhibit communication are not required to wear face coverings".

Although we're making good progress with increasing understanding, compensation is taking longer.  In fact, people using our free template letter have achieved more than our own letters to service providers!  Several people using our template have already had offers of compensation whilst our own efforts have so far resulted in all services seeking lengthy time extensions to investigate.  Please note there is usually a six month time limit to get your case to court. 

It was kind of several people to offer donations and, although we never expect this, we have added a donations button to our site for those who want to and are able to.  The button also responds to the requests we have had from some customers to pay their fees using PayPal, although we do not encourage this due to charges.

We hope in some small way we have made getting out and about easier and less stressful.  Remember the exemptions system is there so that those unable to wear face coverings can still use services.  Those bizarrely behaving people who believe there should be no exemptions are effectively saying those unable to wear face coverings, including children, should be banned from all services.  Fortunately that is not the position of the Government and those who pursue such a ridiculous agenda are likely to continue to cause compensation claims.  The number of such people in work is likely to decrease as they will become increasingly expensive for employers.

 

Nailing the Offenders

Hearing of so many devastating incidents of extreme disability discrimination triggered by various service providers seeking to enforce masks on those unable to wear them has been shocking.  Now we are working together to nail the offenders and stop this happening.

Many people have already obtained apologies and assurances of changes from service providers - a great achievement.  This is the piority - to ensure we can all go out free from discrimination and harassment.

If you want to give yourself the best possible chance of winning your case it is best to have the following in place... 

- Medical evidence showing you have condition that has a long term and substantial impact on your life.  Long term means at least a year and substantial means more than minor or trivial. 

- Confirmation that wearing a face covering would cause you severe distress.  The gold standard is a medical professional confirming this, but we appreciate this is not always possible and you will know if a face covering causes you severe distress.  Although this is new territory for everyone, logically if you describe severe distress and that is consistent with your condition, that should be accepted by service providers and / or the courts. 

- Dates, times and locations of incidents with a description of what happened.

Please note none of this is needed to be exempt from wearing a face covering.  It's just that such evidence is needed when pursuing remedy for discrimination. 

If you have the above in place when we get to your case, if you still need us, we will be able to get on with it efficiently.

There is usually a six month time limiit for discrimination cases.

Apologies to those who have struggled to find our face coverings discrimination template letter.

Denial of medical treatment part of shocking trend

We are dealing with a disturbing number of cases of people denied essential medical treatment because they are unable to wear a face covering.  It's hard to keep ourselves together when we are hearing such shocking and dangerous examples of prejudice and discrimination towards people unable to wear face masks.  This is in addition to people prevented from accessing basic provisions and being harassed when peacably entering retail and services premises.  This trend in society could reasonably be compared with some of the darkest days of human history. 

That has meant the kind messages of support and encouragement we have received are even more of a boost. 

If we have still not got to your case we are sorry.  Please continue to bear with us.  We have taken on extra staff but are still a tiny company and have never experienced anything like this before.

Face coverings discrimination crisis

Last week we received many harrowing cases of extreme disability discrimination.  People being refused medical treatment, food, banking, transport and other services on an unprecedented scale.  Harassment has become everyday with people peaceably going about their business being prevented from doing so by staff and even, in some cases, the public.

The Equality and Human Rights Commission (EHRC) has written to supermarkets warning them that they should not be discriminatiing against disabled people unable to wear face covering.

We have three members of staff.  EHRC has many more.  We will get back to you as soon as we can.  In the meantime you may not need us if the EHRC agrees to take your case - it has a legal department.

The EHRC should be made aware of your situation anyway.  Contact details here .

Please note there is usually a six month time limit to get your case to court.

We would also like to take this opportunity to thank all those who have left messages of encouragement and support.  In such dark times this has been a great boost - much appreciated. 

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Kester Disability Rights Ltd., 36 Lower Raven Lane, Ludlow, Shropshire SY8 1BL. Registered in England number 11917856.