Date published: 01.09.08 - not release date

Costly mistake for the Court Service

Not taking into account reasonable adjustments to accommodate a profoundly deaf legal adviser has proved to be a costly mistake for the Court Service. Jonathan Gibbons (see note 1) has successfully brought a claim against the Secretary of State for Constitutional Affairs for unlawful disability discrimination.

Jonathan Gibbons, a legal advisor for Hands on Access Ltd, a leading disability consultancy (see note 2), commenced proceedings in Kingston County Court claiming that the Court Service failed to make reasonable adjustments under the Disability Discrimination Act 1995 to accommodate his appearance, in a professional capacity, at a hearing at Peterborough County Court in June 2004 (see note 3). Mr. Gibbons further claimed that the manner in which a member of the Court staff treated him was disability-related and therefore amounted to unlawful disability discrimination under the Act (see note 4).

This case began when, on 9th June 2004, Mr. Gibbons telephoned Peterborough County Court through TextDirect (a 24-hour telephone/text-phone relay service) to request the services of a British Sign Language Interpreter to accompany him when he was required to attend a hearing on 18th June 2004. Mr. Gibbons’ request was refused and the Court staff member abruptly terminated the telephone call.

Mr. Gibbons further claimed that he also required a Note-taker during the Hearing as he was unable to make notes and use a British Sign Language Interpreter at the same time. Kingston County Court rejected this argument saying that “a District Judge would have bent over backwards to accommodate a disabled person and allowed for extra time between interpreting and making notes”.

Mr. Gibbons says: “I strongly believe that if I were not deaf I would not have been treated this way and endured injury to my feelings as a result. This case raises important issues regarding consideration by public servants when dealing with deaf people. I hope that by being successful in my claim I have been able to prevent others being treated in the same way as I was by the Court Service.”

The case has been settled out of court for an undisclosed sum.


For further info please contact:

Lindsey Collumbell MCIPR, PR Manager
Tel: 01372 274975 Mob: 0771 774 4719 Email: lindsey@handsongroup.co.uk

Notes to Editors:

1. Mr. Gibbons is a Legal Advisor for Hands on Access Ltd and advises clients on all aspects of disability discrimination. Mr. Gibbons was formerly employed by the Royal National Institute for the Deaf (RNID) as a Legal Caseworker advising deaf and hard of hearing clients on the Disability Discrimination Act 1995 (DDA 1995).

2. Hands on Access Ltd is a leading disability consultancy, which exists to make organisations accessible for deaf and disabled people.

3. The Disability Discrimination Act 1995 makes it unlawful for a service provider to discriminate in:
• failing to comply with any duty imposed on it by section 21 (a duty to make reasonable adjustments) in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service. (s.19)(1)(b))

4. The Disability Discrimination Act 1995 makes it unlawful for a service provider to discriminate against a disabled person:

• by refusing to provide (or deliberately not providing) any service which it provides (or is prepared to provide) to members of the public; (s.19)(1)(a)) or

• in the standard of service which it provides to the disabled person or the manner in which it provides it; (s.19)(1)(c)) or

• in the terms on which it provides a service to the disabled person.(s.19(1)(d))