Information about assistance dogs, their handlers and the law!
What is an assistance dog?
The Equality and Human Rights Commission states that Assistance Dogs:
- are highly trained
- will not wander freely around the premises
- will sit or lie quietly on the floor next to its owner and are trained to go to the toilet on command and so are unlikely to foul in a public place
- Most are instantly recognisable by the harness or identifying dog jacket they wear (although this isn’t a legal requirement)
The Equality Act lays out that in relation to protecting the rights of a disabled people when accessing private hire transport, an Assistance dog means
(a) a dog which has been trained to guide a blind person;
(b) a dog which has been trained to assist a deaf person;
(c) a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person’s mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects;
(d) a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind.
Identifying an assistance dog & handler
It is also not a legal requirement for assistance dogs to wear a harness, jacket or lead slip.
It is not a legal requirement for Assistance Dog users to provide ID.
Service providers legal obligations
Assistance dog owners have important rights under the 2010 equality act (EA) and the Disability Discrimination Act 1995 (NI) . This law allows people with disabilities to have the same rights as everyone else to use the services supplied by shops, banks, hotels, libraries, pubs, taxis and restaurants and that reasonable adjustments must be made in order to avoid discriminating against disabled people (These reasonable adjustments will range from creating an access route for a person with a wheelchair to modifying a “no dogs policy” in order that a disabled person may be accompanied by their assistance dog.)
Fully trained Assistance dogs perform practical assistive tasks for their disabled partners or alert to life-threatening medical conditions to enable their owners to be independent.
For this reason, it is reasonable to allow assistance dogs to accompany their owners into most situations where pet dogs would not be permitted, or for service providers to make reasonable adjustments in providing safe and secure accommodation for a dog and support for its handler in the dog’s absence, in, for example, an infection control clinical setting.
A disabled person should not be put at a disadvantage due to their assistance dog. For example, a disabled person should not be asked to sit in a specific area to keep the dog out of the way or asked to pay an additional fee for cleaning.
In 2004 the law was extended to state that service providers must consider making changes to ‘physical features’ which make it unreasonably difficult for disabled people to use their services. It is against the law for service providers to treat people less favourably because of their disability, or because they have an assistance dog with them.
The Equality and Human Rights Commission have produced a guide that informs businesses of their legal obligation to allow access to assistance dogs. Download and read Assistance Dogs, A guide for Business.
Assistance dogs in the workplace
If an employer is considering becoming more pet friendly, they might want to consider how having multiple dogs in the workplace will impact on an assistance dog and their handler. This guide aims to introduce employers to the topic of welcoming assistance dogs to the workplace.
It is important to remember that not every person with an assistance dog has a visible disability. Unless the information is needed in order to make reasonable adjustments, it is not appropriate to question an employee about the nature of their disability.
An employer is required to make reasonable adjustments to enable an disabled employee with an assistance dog to attend their workplace and carry out their job. This could include:
- Making space for the dog and its bed, potentially moving a workstation to a quieter part of the office/space.
- Providing or allocating an outside space or ‘spending area’ where the dog can relieve itself (if outside space is available).
- Making changes to working hours to accommodate short breaks to allow the dog to have a comfort break.
It is good practice to speak with employees about the introduction of an assistance dog and how to appropriately interact with a dog.
Allergy to dogs is sometimes given as a reason to not admit assistance dogs. While the prevalence of allergies generally is increasing worldwide, the incidence of allergies to dogs may be less than perhaps commonly thought. In the UK it is estimated that only 8% of adults are sensitive to dog allergens.
Where a clear allergy risk to a specific individual is identified by an employer, steps should be taken to reduce this risk, but a refusal of access for assistance dogs based on the possibility that other people ‘may’ be allergic is unlikely to be classed as a reasonable response.
Refusing access to an assistance dog user in the workplace due to fear of dogs amongst other employees is also unlikely to be considered a reasonable response.
Assistance dogs in rented accommodation
Under the Equality Act 2010, it is against the law for service providers, including landlords, rental agencies and housing associations, to treat disabled people less favourably because of their disability, or because they rely on an assistance dog or guide dog.
Landlords, rental agencies and other housing providers must make reasonable adjustments for disabled people who use assistance dogs.
A landlord may be required to make changes to any policies or practices they have which may disadvantage a tenant because of their disability. This includes making changes to a tenancy agreement. For example, saying pets are not allowed in the property should be changed to allow a disabled person to have their assistance dog.
A landlord cannot increase rent or charge additional cleaning fees to assistance dog or guide dog owners, even if a contract states they charge extra for pet fees. An assistance dog should not be treated as a pet in this context. Charges for actual damage caused by the dog can be made.
Assistance dogs around food
Assistance dogs are highly trained, have regular veterinary treatments and are tested on a regular basis to make sure they don’t present a health risk. The Chartered Institute of Environmental Health has determined that they are unlikely to present a risk to hygiene and should be allowed access to restaurants, cafes, hotels, food shops and other food premises.
There is no conflict with food hygiene laws in allowing access for assistance dogs.
Assistance dogs and allergies to dogs
If there is an identifiable person with an allergy to dogs then employers and service providers should take reasonable steps to ensure that person has minimal or no contact with dogs; reasonable steps are unlikely to include banning all assistance dogs.