Assistance/Guide Dogs.

Agencies and other headaches, keys and cleaners, running costs and contracts...in short, all the things we spend so much of our time doing behind the scenes.<br>
Drax
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Location: Yorkshire Dales

Assistance/Guide Dogs.

Post by Drax »

It was mentioned in a previous subject that blind holidaymakers who have an assistance/guide dog must not be discriminated against by FHL owners who do not allow dogs on their premises.
In effect provided the holidaymaker pays for their holiday the FHL owner must allow the holidaymaker and their assistance/guide dog to stay in their property despite the owners ban.
Does anyone know if this correct and whether there are exemptions to this requirements i.e. health and safety of others, allergies etc that would allow the FHL owner to argue that the ban on all dogs, including assistance guide dogs, is reasonable and lawful?
Keep your powder dry.
zebedee
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Post by zebedee »

Drax
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Location: Yorkshire Dales

Post by Drax »

With regard to Assistance/Guide Dogs and whether a business can bar them I found the following guidance notes for businesses from the Equalities and Human Rights Commission;

'Refusing to allow access to people with assistance dogs because other people ‘might’ be allergic to dogs is likely to be unlawful disability discrimination. This is because the Equality Act 2010 states that service providers must make reasonable adjustments to policies for disabled people. This includes amending ‘no dogs’ and ‘no pets’ policies to allow access for assistance 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.'

It would appear that it is unlawful for a business to ban Assistance/Guide Dogs but there does seem to be some ambiguity in the last sentence with regard to a person suffering from an allergy to dogs.
I suppose for a holiday cottage owner who either cleans the cottage themselves or employs a cleaner, who suffers with an allergy to dogs, having a medical certificate confirming this allergy may legally allow the banning of all dogs but it is not clear cut.
This issue will not arise for most holiday home owners but it is important that we are aware of our legal obligations.
Keep your powder dry.
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CSE
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Post by CSE »

You see Assistance dogs in shops that sell food, where as other dogs are not permitted.
Not wanting to accept them due to other folk's allergies, then you are barking up the wrong tree :wink:
Never try to out-stubborn your guests.
newtimber
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Post by newtimber »

Drax wrote:
I suppose for a holiday cottage owner who either cleans the cottage themselves or employs a cleaner, who suffers with an allergy to dogs, having a medical certificate confirming this allergy may legally allow the banning of all dogs but it is not clear cut.
The owner can still make reasonable adjustments to accommodate the person requiring an assistance dog - the owner can find another cleaner for that particular rental.
zebedee
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Post by zebedee »

Newtimber has hit the nail on the head!

(You also couldn’t pass on the cleaning charge the guests).

It would be a brave person who put themselves in circumstances that would allow a test case to be taken out against them by one of the big organisations fighting for the rights of disabled people. However, I don’t think that it should ever come to that. Who is to say that one day you, or a loved one, won’t need the support of a guide dog or assistance dog and how terrible it would be to find yourselves thesubject of discrimination as well as your disability.

I accept dogs, and in the 13 years of having a holiday let have never had an assistance dog stay. The way in which these dogs transform peoples lives is awe inspiring.
Drax
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Location: Yorkshire Dales

Post by Drax »

newtimber wrote:
Drax wrote:
I suppose for a holiday cottage owner who either cleans the cottage themselves or employs a cleaner, who suffers with an allergy to dogs, having a medical certificate confirming this allergy may legally allow the banning of all dogs but it is not clear cut.
The owner can still make reasonable adjustments to accommodate the person requiring an assistance dog - the owner can find another cleaner for that particular rental.

Finding another cleaner for a 'one off job' would be very difficult if not impossible in our locality.
Keep your powder dry.
zebedee
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Post by zebedee »

It’s probably a job for an agency as a one off. You can find local agencies via google. Apparently there is a good agency in Bentham but I haven’t used them so can’t comment first hand.
Drax
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Joined: Thu Jul 21, 2016 4:36 pm
Location: Yorkshire Dales

Post by Drax »

zebedee wrote:Newtimber has hit the nail on the head!

(You also couldn’t pass on the cleaning charge the guests).

It would be a brave person who put themselves in circumstances that would allow a test case to be taken out against them by one of the big organisations fighting for the rights of disabled people. However, I don’t think that it should ever come to that. Who is to say that one day you, or a loved one, won’t need the support of a guide dog or assistance dog and how terrible it would be to find yourselves thesubject of discrimination as well as your disability.

I accept dogs, and in the 13 years of having a holiday let have never had an assistance dog stay. The way in which these dogs transform peoples lives is awe inspiring.

You are quite correct with regard to organisations 'taking up the mantle' fighting for the rights of 'injustices' suffered by minorities. Using taxpayers money we have seen them 'taking a sledgehammer to crack a nut'. The ones that spring to mind are that of homosexuals suing and probably bankrupting guest home owners for refusing them B&B lodgings because of the guest house owners religious beliefs.
There is a suspicion that the unfortunate guest house owners were deliberately targeted by the homosexuals and I suppose a similar case could arise with regard to FHL owners that impose a no dog policy.
As you state it would be a brave person that would take a stand because they would probably lose and incur crippling legal costs.
We have a 'no dog' policy for our own reasons, including health but in the case of guide dogs we would obviously have to relent and try to overcome the health issues (thanks for the tip on agency cleaners).
Perhaps the bar on children that some FHL owners impose could be the next test case in the law courts.
Keep your powder dry.
Circé
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Post by Circé »

As a qualified Ambassador for Guide Dogs in France I can confirm that a property owner would be unwise to refuse access to their B&B or holiday let simply because a person is accompanied by their registered qualified assistance dog. They would be breaking the law.
Here's a useful link in English about assistance dog rights in the UK
http://www.assistancedogs.org.uk/law/
And in France, in English too:
https://www.chiensguides.fr/acces-rapid ... ols-france
If you read this second link you will see that the law giving access also applies to dogs in training accompanied by their instructor or puppywalking person/family.
You can't charge a supplement for the dog either, it's a working dog not a pet so you can't charge a dog/cat/pet fee nor for extra cleaning.
i'd say put on your best smile and welcome your handicapped guest and their four-legged helper, you'll get a warm feel-good feeling out of it AND a nice pic could enhance your publicity.
However if you really feel strongly about giving an assistance dog access to your property why not check out the legal situation pertaining to your particular situation (allergy, fear of dogs or whatever), by contacting a national assistance dog association in your country, talking to your chamber of commerce or tourist board, and taking legal advice?
Drax
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Joined: Thu Jul 21, 2016 4:36 pm
Location: Yorkshire Dales

Post by Drax »

Circé wrote:As a qualified Ambassador for Guide Dogs in France I can confirm that a property owner would be unwise to refuse access to their B&B or holiday let simply because a person is accompanied by their registered qualified assistance dog. They would be breaking the law.
Here's a useful link in English about assistance dog rights in the UK
http://www.assistancedogs.org.uk/law/
And in France, in English too:
https://www.chiensguides.fr/acces-rapid ... ols-france
If you read this second link you will see that the law giving access also applies to dogs in training accompanied by their instructor or puppywalking person/family.
You can't charge a supplement for the dog either, it's a working dog not a pet so you can't charge a dog/cat/pet fee nor for extra cleaning.
i'd say put on your best smile and welcome your handicapped guest and their four-legged helper, you'll get a warm feel-good feeling out of it AND a nice pic could enhance your publicity.
However if you really feel strongly about giving an assistance dog access to your property why not check out the legal situation pertaining to your particular situation (allergy, fear of dogs or whatever), by contacting a national assistance dog association in your country, talking to your chamber of commerce or tourist board, and taking legal advice?

Thanks for this Circe, very helpful and conciliatory.
Keep your powder dry.
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