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14/03/2007
Law student wins 'lift' disability case
A law student, who is paralysed from the chest down has won a case against the refusal of a nursing and care company to lift her from her wheelchair when providing care services.
Laura Lee Jenkins, 21, from Saintfield, who has been paralysed by a spinal tumour which was diagnosed when she was two years old, was contracted to receive personal care services from the firm Nursing and Caring Direct Limited.
However, the company refused to assist in lifting Ms Jenkins, so that she could attend university.
Nursing and Caring Direct, in settling the case, admitted that its refusal to perform lifting procedures was a breach of the Disability Discrimination Act and paid Ms. Jenkins £3,000.
They apologised for the distress, upset and injury to her feelings, and agreed that, where exceptional circumstances require lifting procedures, they will instruct all their staff assigned to Ms. Jenkins to perform these and will train them appropriately.
The company further agreed to meet with the Equality Commission to review its policies practices and procedures and to implement any reasonable recommendations the Commission may make.
Settlements were also obtained in four other cases where discrimination on grounds of disability was alleged in the provision of access to services.
A Belfast restaurant that refused admittance to a woman and a companion, both with sight difficulties, paid £1,000 and offered an unreserved apology after refusing to admit her guide dog.
A Londonderry woman with limited hearing who uses a hearing assistance dog, alleged that she was asked to leave the dining room due to her dog. The hotel paid £1,000 to the Coleraine Branch of Hearing Dogs for the Deaf.
A Bangor woman has received £2,000 compensation after she encountered difficulties because a pub had no appropriate disabled toilet facility for female wheelchair users.
Coleraine Borough Council has improved the design of a gateway across a pathway in the town after a wheelchair user from Coleraine found his access to the path obstructed. He received £1,000 without admission of liability.
(SP/KMcA)
Laura Lee Jenkins, 21, from Saintfield, who has been paralysed by a spinal tumour which was diagnosed when she was two years old, was contracted to receive personal care services from the firm Nursing and Caring Direct Limited.
However, the company refused to assist in lifting Ms Jenkins, so that she could attend university.
Nursing and Caring Direct, in settling the case, admitted that its refusal to perform lifting procedures was a breach of the Disability Discrimination Act and paid Ms. Jenkins £3,000.
They apologised for the distress, upset and injury to her feelings, and agreed that, where exceptional circumstances require lifting procedures, they will instruct all their staff assigned to Ms. Jenkins to perform these and will train them appropriately.
The company further agreed to meet with the Equality Commission to review its policies practices and procedures and to implement any reasonable recommendations the Commission may make.
Settlements were also obtained in four other cases where discrimination on grounds of disability was alleged in the provision of access to services.
A Belfast restaurant that refused admittance to a woman and a companion, both with sight difficulties, paid £1,000 and offered an unreserved apology after refusing to admit her guide dog.
A Londonderry woman with limited hearing who uses a hearing assistance dog, alleged that she was asked to leave the dining room due to her dog. The hotel paid £1,000 to the Coleraine Branch of Hearing Dogs for the Deaf.
A Bangor woman has received £2,000 compensation after she encountered difficulties because a pub had no appropriate disabled toilet facility for female wheelchair users.
Coleraine Borough Council has improved the design of a gateway across a pathway in the town after a wheelchair user from Coleraine found his access to the path obstructed. He received £1,000 without admission of liability.
(SP/KMcA)
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