I have drafted the following letter and would appreciate your comments. I have kept in the name of the barbers as am happy for any local SN board users to know where this happened, but please don't say the name of the town even if you know it (don't want to have to name-change)
Dear Sir,
Complaint and Notice under Disability Discrimination Act
I am writing to you because you refused to cut my son X?s hair on Tuesday 23rd February 2010 after I asked you if I could move the hairdryer because X is very frightened of it. You refused to serve us because of reasons connected to a disability that X has. You may not have been aware of the disability. I am therefore writing to you, after taking advice from the Equality and Human Rights Commission, to put you on notice of the disability and to invite you to make reasonable adjustments in the light of it.
X?s Sensory Problems
X?s senses have not developed in a typical way. This means that noises and sensations that may be unremarkable to an adult are very loud or even painful for him. Because of the unusual way he perceives sounds, he only started to understand very basic language well over the age of 3. He is now 4 years and 6 months old and making rapid progress, and is just beginning to understand concepts of his hair growing and needing to be cut. We have had his hair cut at Chaps at least four times already, and each time he has been afraid, but each time he has behaved more calmly and cried less than the last, and we had been making good progress with this difficult issue. Whilst at Chaps, I supervise him closely, and I work as hard as I can without a moment?s pause to calm and reassure him and to make the event pass as smoothly as possible.
Incident on 23rd February 2010
On 23rd February, X and I had come into Chaps at about 2.50 pm, after checking that there was only one customer in the shop and no-one waiting. We waited for at least 20 minutes for our turn ? perhaps the previous customer?s cut took longer than is typical at your shop. X was afraid when he saw the hairdryers and repeatedly asked me to ask you to move them, and I reassured him that I would do this. While we were waiting, four more customers came into the shop and were also waiting their turn. X did not disrupt your work or interfere with other customers.
When it came to our turn, I told you that I had a request, and you told me that you didn't have time for messing around, and asked the next customer to be seated. I was taken aback and said all I wanted was for you to move the hairdryer. You told me to ?get out?. I asked if I had done or said anything offensive and you replied: "No?. Then you added: ? I don't like you and I don't like your whingeing kid". I said that I would find out who owned the business and you replied ?It?s my business?. I left.
Your behaviour towards me and my son was so aggressive that another customer, whom I have never met before but who I now know to be the mother of a child in reception at XYZ primary school, chose to leave the shop with me and X without having her son?s hair cut rather than remain there. The incident was extremely distressing to me as it would have been to anyone in my position. You behaved abusively to me in front of a room full of strangers. Your words were personally insulting to me and my child for reasons connected to my child?s disability. I had to think quickly in order to explain your behaviour to X so that his fear of the barbers would not increase still further.
Had you suggested to me in a civil tone that it might be better to come back at a quieter time, I would have been willing to do this.
I made a full note of the conversation on Tuesday 23rd February whilst it was fresh in my mind.
Your Legal Obligations
Chaps Barbers is a service provider under the Disability Discrimination Act. The Disability Discrimination Act says that it is unlawful for a service provider to discriminate against a disabled person by:
Refusing to provide (or deliberately not providing) any service which it offers or provides to members of the public;
Providing service of a lower standard or in a worse manner;
Providing service on worse terms;
By failing to comply with a duty to make reasonable adjustments if that failure has the effect of making it impossible or unreasonably difficult for the disabled person to make use of any such service
unless such discrimination can be justified.
Clearly, such discrimination cannot be justified in this case. It is very common for young children to have a fear of the barbers and it ought to be within the normal skills of a barber offering haircuts to children to adapt their service to minimise the child?s distress.
Future Visits to Chaps Barbers
I am willing to bring X to Chaps Barbers only on weekdays before 2.30pm to reduce the chances of a queue of school children developing while we wait or are served. If it takes longer to cut X?s hair than another four year old?s, I am willing to pay for the extra time pro-rated.
For my own sake, I will always wait for your colleague to be present and available, since you have expressed such personal hostility towards me and my child.
For your part, I expect Chaps Barbers to make the following reasonable adjustments in the light of my son?s disability.
- To be willing to move the hairdryers away from him and not to use them on him
- To refrain from any other behaviour that I tell you will frighten him
- To refrain from criticising or abusing him or me
- To stop the haircut if I ask you to.
- To be patient, knowing that if the cut takes longer, you will be paid more.
Please reply in writing within 14 days to tell me whether you agree to make these reasonable adjustments and what further adjustments you propose to make to assist children like X who have sensory problems.
If I do not receive a written reply within 14 days, then I shall refer the matter back to the Equality and Human Rights Commission and I reserve my right to take further action under the Disability Discrimination Act.
Yours sincerely,