Disabled access question

[SteveM70]

A friend of mine is a wheelchair user and had booked an advance single and wheelchair space from Haymarket to Kings Cross. About an hour before departure time he happened to see a tweet from LNER saying his train wouldn’t have any accessible toilets available.

He rang LNER customer services and explained a 4+ hour journey without access to a toilet wasn’t viable and requested a reservation on the next suitable train.

After a long discussion LNER agreed to the change, but only on what they called “compassionate grounds”, rather than because it was his right.

What do the rules say about situations like this?

 

[dmncf]

I see a few aspects:

- For your wheelchair user friend, the original train had no toilet available. How would LNER treat able-bodied passengers if their train for a 4+ hour journey had no toilet available - would LNER even allow their journey to start?

- LNER accepting his change of trains sounds like a 'reasonable adjustment', as the Equality Act would term it.

- He has been delayed and it's LNER's fault. Dependent on the delay duration, should LNER pay compensation?

 

[Haywain]

I see a few aspects:

- For your wheelchair user friend, the original train had no toilet available. How would LNER treat able-bodied passengers if their train for a 4+ hour journey had no toilet available - would LNER even allow their journey to start?

- LNER accepting his change of trains sounds like a 'reasonable adjustment', as the Equality Act would term it.

- He has been delayed and it's LNER's fault. Dependent on the delay duration, should LNER pay compensation?

How would LNER treat “able bodied” passengers? I would hope they would allow a choice as some will accept the situation as they won’t be travelling the full journey.

Will LNER compensate? I am sure they will.

 

[30907]

How would LNER treat “able bodied” passengers?

And normally they would make an extended loo stop.

 

[yorkie]

If the next available train got the passenger to their destination 30 or more minutes late, they are entitled to Delay Repay compensation in my opinion. I'd be surprised if LNER disagreed. If such a delay does occur, can you let us know the outcome of the claim please?

 

[gray1404]

This not acceptable that there had to be a long discussion in which the customer have to asset themselves time after time until the company give in. What should be a simple and reasonable request becomes somewhat confrontational.

 

[TUC]

Assuming that the passenger had booked assistance and so LNER had their contact details, would it not also have been good for LNER to proactively contact the passenger and give them the choice of changing trains? If the passenger had not seen the tweet they could easily have bern caught out.

 

[SteveM70]

If the next available train got the passenger to their destination 30 or more minutes late, they are entitled to Delay Repay compensation in my opinion. I'd be surprised if LNER disagreed. If such a delay does occur, can you let us know the outcome of the claim please?

Just found out that my friend did claim delay repay, had it rejected, appealed, rejected again, appealed again, accepted at the third attempt, wrong amount compensated, several further emails and finally all sorted the week before Easter.

Good job she’s a stubborn so and so