The law on accessible toilets

The law on accessible toilets

Speak to anyone with mobility problems about ways to improve their life, and the availability of accessible toilets will likely be high on the list. For those with CRPS or other chronic pain conditions, the difference that such facilities make in terms of independence, comfort, and dignity in public places is quickly apparent.

If you are a wheelchair user or attempting to protect a CRPS-affected limb, having to answer the call of nature in a cubicle the size of a small wardrobe with a narrow door and no grab rails is a nightmare scenario. And don’t forget that some people with CRPS suffer from bowel or bladder dysfunction.

Therefore, it’s little surprise that even a short trip from the house often requires careful thought and planning around the accessible toilets en route.

So, what is the law on accessible toilets?

The Equality Act 2010

The Equality Act 2010 (“the Act”) aims to ensure disabled people can access the same toilet facilities as the non-disabled. The Act has seen an increase in accessible toilets, particularly in public places and the workplace. It also makes it unlawful to discriminate against disabled people regarding toilet use or access. However, the law concerning accessible toilets is not limited to the Act. Instead, it’s an amalgam of the Act and:

• Building Regulations;
• British Standards; and
• The Workplace (Health, Safety and Welfare) Regulations 1992.

What size should accessible toilets be?

Accessible toilets are necessarily larger and typically fitted with special equipment. They also often offer higher levels of privacy than a conventional cubicle. With wheelchair accessibility in mind, cubicles must be a minimum of 1,500 mm wide and 2,200 mm long. The door should open outwards and be at least 900 mm wide.

What facilities must an accessible toilet include?

There are a host of facility requirements for accessible toilets. These include (but are certainly not limited to) the toilet seat height, which must be suitable for ease of transfer from a wheelchair. There must also be room inside the cubicle to accommodate a hand basin. Light-reflecting handrails contrasting to the walls (to assist the visually impaired) should be fitted correctly in a particular pattern.

Changing places toilets

Changing places toilets are larger accessible toilets designed to accommodate the needs of people relying on support from a family member or carer. They also often provide access equipment such as a hoist and an adjustable-height adult-sized changing bench.

Are accessible toilets a legal requirement in all public access buildings?

Accessible toilets are required in public access buildings. ‘Public access’ means just that: any building where the public has access, including (but not limited to) government and local authority buildings, shops, hotels, restaurants and cafés. Not having a compliant accessible toilet can result in a fine and closure of the premises pending compliance. Public bodies such as local authorities, hospitals and schools have additional duties under the Act and human rights law.

The building’s size and layout may require building work to accommodate a compliant accessible toilet, which can result in a significant financial outlay for the occupier.

Misconceptions

There are some common misconceptions concerning accessible toilets.

First, nothing prevents non-disabled people from using an accessible toilet. The requirement is simply that accessible facilities must be available to avoid discrimination. However, many disabled toilets can only be opened with a Radar Key.

Second, nothing in principle prevents a charge from being levied for using an accessible toilet. However, the charge must apply to all toilets available to the public, not just the accessible ones. Understandably, this is controversial, and there have been some well-publicised cases where charges for using accessible toilets have ultimately been suspended.

Third, businesses are perfectly entitled to restrict the use of their toilet facilities to their customers, disabled or otherwise. However, in practice, most allow you to use their toilet if you have a medical need and (of course) you ask. People feel less awkward asking if they have some proof of their need. Accordingly, some organisations provide cards explaining the nature of the relevant condition. For example, awareness charity Burning Nights CRPS Support produces awareness cards for those with CRPS.