Solicitors risk Equality Act issues: disability survey

The legal sector needs urgent reform to improve conditions for those with disabilities and neurodiversity, according to research by Glasgow based law centre Legal Services Agency (“LSA”).

Issues could arise under the Equality Act 2010 for solicitors who fail to make reasonable adjustments for those who find it difficult to access legal services.

Initial findings of a survey carried out by Disability Scotland at the request of LSA demonstrate a number of barriers to disabled and neurodiverse people facing issues accessing justice and legal support. Most notably, the research shows that many people felt that their disability was not understood by legal professionals and that there was a difficulty in finding solicitors who were able to take on their case, resulting in a lack of appropriate measures being taken. 

One respondent explained that their autism was not understood by their solicitor, resulting in a difficult interview and information provided in an inaccessible format. 

With physical inaccessibility also an issue, one response cited a lack of lifts in the office, which meant they were unable to attend for a meeting. This resulted in the solicitor providing a home visit; however, the respondent was charged £70 for this, despite the office being only 10 minutes from their home.

There is a lack of BSL interpreters, and methods of communication other than telephone or video calls are rarely offered to disabled clients. Where clients were given a BSL interpreter, some have been shocked to find that they were charged for use of the service.

LSA points out that service providers, including solicitors, are required to make “reasonable adjustments” to their services under the Equality Act to ensure that people with disabilities are not placed at a substantial disadvantage. Providing a home visit to a client with reduced mobility or providing a BSL interpreter are actions which could be reasonable adjustments depending on the circumstances. The Act makes it unlawful for the cost of reasonable adjustments to be passed on to the disabled person. Law firms should therefore carefully consider whether the adjustment in question is likely to be considered a “reasonable adjustment” under the Equality Act. If it is, it should be made at no additional cost to the client.

“Responses to the survey have shown that a number of respondents are put off from seeking legal assistance in the future”, LSA commented. “The numbers of barriers in place are essentially denying disabled people from accessing vital legal services, leaving many feeling cut off from legal support. Accessibility problems, a lack of understanding and discrimination are issues that disabled people face every day, and when legal support is sought to rectify these situations, often they are made far worse. There is no doubt that the legal sector must improve its treatment of disabled people and ensure that these services are available to everyone.

“Legal Services Agency is seeking further responses to the Access to Justice Survey and would welcome responses with anyone who has experience of neurodivergence or a hidden disability.”

The survey and an easy-read version can be accessed here.