Emergency Tab Emergency

Handler Training

Welcome to this free training resource! This training is aimed at assistance dog handlers to help them understand their rights and support available.

 

This course is provided for educational purposes only. 

What is an assistance dog?

Assistance dogs in the UK are auxiliary aids, meaning that they help a person overcome their disability. They help by increasing independence, functionality, and wellbeing, providing a higher quality of life, and are therefore essential.

 

Under UK Law (Equality Act 2010 (E,S, & W) and Disability Discrimination Act 1995 (NI)), disabled people are entitled to reasonable adjustments, such as being accompanied by their auxiliary aid (assistance dog).

A brief history of assistance dogs

There is a long history of dogs helping humans, with evidence of dogs helping visually impaired people as early as 1260. The first organisation training guide dogs was founded in Oldenburg, Germany in 1916. A British company called the British Guide Dog Associated soon followed, founded in 1931. Since then, numerous organisations around the world have been established to support the training and working of assistance dogs.

 

While the exact number of assistance dogs in the UK is unknown, ADUK state that over 7,000 people rely on assistance dogs trained by their member organisations.

Terminology

Around the world, there are a wide range of different terminologies used to describe dogs that work alongside humans. It is important to ensure that you are using the correct terminology.

Assistance Dog

A dog that mitigates a persons disability. 

Service Dog

A police or military dog. 

Therapy Dog

A dog that provides therapy to a group of people. 

Pet Dog

A dog that does not have a job. 

It is important to be aware of some additional and alternative terminologies that will be commonly seen. In America, the term "Service Dog" is used to describe a disability assistance dog. They also use the term "Emotional Support Animal" to describe an animal that provides comfort to a person. While some people may use the term emotional support to describe how their dog helps them, this is not a job role in the UK. 

How assistance dogs help

Assistance dogs differ from pet dogs because they are able to mitigate their handler's disability. As a disabled person, you will need to consider the barriers caused by your disability and think of ways that your dog can help reduce the impact of those barriers. 

 

The way that dogs mitigate disability is commonly refered to as a "Task". Below are examples of some ways that assistance dogs can help mitigate disability. 

Guide

Helping their handler navigate the world through a harness. 

Hearing

Alerting their handler to sounds they cannot hear. 

Mobility

Physically assisting their handler with movement and balance. 

Medical Alert

Alerting their handler to an oncoming medical episode or emergency. 

Medical Response

Keeping their handler safe while experiencing a medical episode or emergency. 

Psychiactric

Helping manage psychiactric/mental health conditions.  

Autism

Supporting autistic people in managing their day-to-day lives. 

Allergen Detection

Informing their handler to the presence of an allergen.  

PTSD

Assisting their handler in managing their condition. 

Retrieval

Fetching and returning items to the handler. 

Mobility Aids

Helping a person move around the world. 

Companionship

Boosting confidence and facilitating independence. 

Choosing an Assistance Dog

 

In the UK, there are several ways of obtaining an assistance dog. Each option has pros and cons, so it is important to explore all options and choose which is right for you. 

  • Pre-Trained - These dogs are chosen and trained by a company/charity and then placed fully trained with a disabled handler. 
  • Residential Trained - These dogs are chosen by the disabled handler and then sent to a company/charity for residential training. 
  • Organisation/Trainer Assisted Owner Trained - These dogs are chosen by the disabled handler and they work with an organisation or trainer to train the dog. 
  • Independent Owner Trained - These dogs are chosen by the disabled handler and trained by them, without any external support. 

Some individuals will use a mixture of the above methods. 

What is disability?

 

The Equality Act 2010 defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on a persons ability to carry out normal day-to-day activities (1) (2).

 

In order for a person to be accompanied by an assistance dog, they must have a disability. Please remember that not all disabilities are visible and that a persons disability is their private medical information.

What is an auxiliary aid?

 

An auxiliary aid is a anything that prevents a disabled person from being disadvantaged (3). There are lots of different types of auxiliary aids that disabled people may utilise, such as a wheelchair or specialist computer. Auxiliary services, such as a BSL translator, are also a type of auxiliary aid.

 

Assistance dogs are auxiliary aids because they help disabled people overcome disadvantage(s).

Reasonable Adjustments

 

Disabled people are entited to reasonable adjustments from service providers. The Equality Act 2010 mandate 3 adjustments (4):

  • A change to a policy or procedure.
  • A change to a physical feature.
  • Providing an auxiliary aid.

In relation to assistance dogs, adjustment 1 and 3 apply. A “no animals” policy must be reasonably changed to accommodate a disabled persons auxiliary aid (assistance dog). This accommodation should be written into the policy so that disabled people are not disadvantaged.

 

It is reasonable to allow access for assistance dogs in most situations. It is only in exceptional circumstances where it would be unreasonable to allow an assistance dog, such as in a sterile surgery. Religion, potential allergy and preference are not reasonable reasons to refuse an assistance dog access (5).

 

It is unreasonable to place additional costs on a disabled person because of a reasonable adjustment (4).

Anticipatory Duty

 

Service providers should anticipate and consider the barriers that could affect a disabled persons ability to access a service (6). Action must then be taken so that the adjustments can be implemented immediately. Failing to do so may result in being unable to provide a required adjustment.

 

While it is not possible to anticipate the needs of every individual, reasonable consideration should be made to reduce barriers for different disability groups. If an individual requires an adjustment that has not yet been considered, it might be reasonable to take steps to arrange that adjustment. This information should inform revisions of policies and procedures, with changes made to adjustments as the service develops.

 

Due to a high number of disabled people utilising assistance dogs, it would be reasonable to anticipate and make reasonable adjustments for the accommodation of an assistance dog.

Understanding Reasonable

 

Deciding if an adjustment is reasonable is important (7), however it is ultimately only a court that can make the final decision.

 

The first thing to establish is if the adjustment will overcome the barrier. If it will not support the disabled persons access, then it is not being effective in removing disadvantage. If an adjustment is deemed beneficial, the practicality must then be considered, including:

  • Does the service have sufficient resources/funds to make the adjustment?
  • Are the costs associated with making the adjustment reasonable?
  • Would the adjustment fundamentally change the service?
  • Does the adjustment compromise safety?
  • Would the adjustment cause unreasonable disruption?
  • Is the adjustment achievable?

 

In most situations, it would be considered reasonable to allow assistance dogs. Some locations, such as sterile hospital wards or when in contact with live animals at zoos, may be reasonable to restrict assistance dog access for safety reasons.

 

If a dog were acting in a disruptive or dangerous manner, it may not be reasonable on that specific occasion.

Types of discrimination

 

It is unlawful to discriminate against a disabled person. The law sets out four types of disability discrimination.

 

Direct discrimination –  Treating someone less favourably because of their disability or perceived disability (8). Example: Refusing to serve all disabled people.

 

Discrimination arising from disability – Treating someone less favourable because of something related to their disability (9). Example: Refusing to allow a disabled person into the premises due to their assistance dog. Note that discrimination arising from disability does not apply if they could not have reasonably known that the person is disabled.

 

Indirect discrimination – Producing a policy that places a disabled person at a disadvantage (10). Example: A “no animals” policy with no exemptions.

 

Failure to make reasonable adjustments – Where a disabled person is put at a disadvantage because the service provider has not made reasonable adjustments (11). Disabled people are entitled to reasonable adjustments, such as changing a policy so they are not disadvantaged (12).  Example: Refusing to adapt a “no animals” policy to accommodate a persons auxiliary aid (assistance dog).

 

The law also prohibits harassment (13) and victimisation (14).  

 

More information on disability discrimination is available from the Equality and Human Rights Commission.

Implications of discrimination

 

Discrimination is unlawful. This means that civil proceedings can be brought against a person who has been discriminatory (15). 

 

Employers are responsible for preventing discrimination. If they fail to do so and discrimination occurs, they would also be liable (16). 

Dogs in Training

 

There is no such thing in law as an assistance dog in training, however it’s a term commonly used by the community. Depending on why the dog is labelled as in training will depend if the dog is a reasonable adjustment.

 

Some companies will use the term training to identify that a dog is being trained by a non-disabled handler. In this instance, the person is not protected by the Equality Act 2010 to bring the dog as they are not entitled to reasonable adjustments. Despite this, it is important for these dogs to access services to refine their skills so they can go on to help a disabled person. Where reasonable, please allow them access.

 

In other situations, training can be used by a disabled person to signal their dog may make mistakes. In this instance, if the dog is able to mitigate the persons disability and its reasonable for them to be there, then the person is protected by the Equality Act 2010 to bring the dog with them as a reasonable adjustment.

 

Please remember that not all disabilities are visible. Just because a person doesn’t look disabled, doesn’t mean that they aren’t protected by the Equality Act 2010.

 

Housing

 

The Equality Act 2010 places a duty to make reasonable adjustments on Landlords. This means that when you are in private or social housing, you are still entitled to reasonable adjustments as discussed previously. 

 

In most housing situations, it is reasonable to adjust the tenancy agreement to make provision for an assistance dog and to make practical provisions to allow for the assistance dogs care (e.g. toileting area). Your landlord cannot charge you extra for having an assistance dog on the premises, however, if the assistance dog causes unreasonable damage, you may be required to cover damages. If you feel that the costs are discriminatory or poorly reflects the damage, this can be challenged (17). 

Work

 

The Equality Act 2010 places a duty to make reasonable adjustments on employers (18). This means that while you are employed, you are entitled to reasonable adjustments as discussed previously. 

 

In order to get reasonable adjustments your employer must know or be reasonably expected to know that you are disabled (19). Your employer is reasonsible for covering the costs of any reasonable adjustments, with cost being a factor when considering if an adjustment is reasonable. 

 

An assistance dog will usually be considered a reasonable adjustment. In rare circumstaces, such as sterile areas, it may not be reasonble to allow an assistance dog. 

Education

 

The Equality Act 2010 places a duty to make reasonable adjustments on Schools (20) and Further and Higher Education establishments (21). This means that students are entitled to reasonable adjustments. 

 

When considering assistance dogs in schools, it is important to consider the age of the child and the support available. Discussions on specific circumstances will be needed regarding who is responsible for the dogs care needs and behaviour while at school. 

 

In Further and Higher Education, it is generally considered reasonable to allow an assistance dog as a reasonable adjustment.

 

In some instances, an assistance dog can be written into a students EHCp. 

Taxis and Private Hire Vehicles

 

The Equality Act 2010 makes clear provisions for assistance dogs in taxis (22). This is the only section of the Equality Act 2010 that defines an assistance dog. For the purposes of Taxis and Private Hire Vehicles, an assistance dog is:

  1. A dog trained to guide a blind person
  2. A dog trained to assist a deaf person
  3. A dog trained by a prescribed charity* that assists with epilepsy, mobility, manual dexterity, physical co-ordination, or handling every day objects. 
  4. A dog of a prescribed category trained to assist a disability not falling under point 3. 

 

* The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulation 2003 outlines the prescribed charities as (23):

  • "Dogs for the Disabled"
  • "Support Dogs"
  • "Canine Partners for Independence"

Note that two of these charities are now operating under different names. 

 

As there is no provision within UK legislation that defines a prescribed category, this provision is unenforcable. 

 

This means that many assistance dog handlers are not protected by the Equality Act 2010 when traveling in Taxis and Private Hire Vehicles. Many companies, such as Transport for London, have policies in place which protects the carrage of all assistance dogs. 

 

Taxis and Private Hire Vehicles must carry assistance dogs as defined above unless they have a valid exemption certificate. 

Attacks on Assistance Dogs

 

The Dangerous Dogs Act 1991 makes it an offence for a dog to be dangerously out of control where they injure another person and/or assistance dog (24). This legislation defines an assistance dog using the Taxis and Private Hire Vehicles definition discussed above (25). 

Access Problems

 

Access problems are usually very stressful. Unfortunately, the lack of understanding about assistance dogs in the UK means that discrimination occurs more often than it should.

 

An access refusal occurs when a service completely refuses you access due to your assistance dog. 

An access challenge occurs when a service refuses you access however corrects their stance after education. This does not negate the initial discrimination experienced. 

 

Here are some things you can do to help if you experience an access challenge/refusal:

  • Stay calm
  • Communicate clearly using aids if needed - click here for free advocacy resources

  • Document - click here for documenting tool

 

It is important that you follow up with any access problems to help support the work tackling discrimination faced by assistance dog handlers. You can get help with access problems by contacting Equality Advisory and Support Service (EASS). 

Discriminatory Policies

 

When using a new service, some assistance dog handlers will check or be told about the companies assistance dog policy. In some instances, this policy may be discriminatory. Here are some examples of discriminatory policies:

  • Registered assistance dogs only - There is no legal requirement for registration so this is discriminatory towards any team not registered. 
  • Guide dogs only - Guide dogs are one type of assistance dog, by only allowing guide dogs, they are discriminating towards assistance dog handlers who do not have visual impairments. 
  • Assistance dogs only permitted in the porch - It is usually reasonable to allow an assistance dog to the same places members of the public are permitted to enter*, by restricting access to designted areas, they may be being discriminatory. 

* Note that some locations, such as sterile areas or areas with free roaming animals, it may not be reasonable to allow an assistance dog due to safety. 

 

Most establishments will have a sign or sticker that communicates their policy regarding animals entering the premises. These can also be discrimnatory. 

 

If you encounter a discriminatory policy or sign, it is important to take steps to resolve this. The Equality Advisory and Support Service (EASS) can support you if you have experienced discrimination. Please also use our documenting tool (available here) to report instances of assistance dog related discrimination. 

References

 

  1. Equality Act 2010, Section 6.

  2. Equality Act 2010, Schedule 1, Part 1.

  3. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.47). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  4. Equality Act 2010, Section 20.

  5. Equality and Human Right Commission. (2017). Assistance dogs: A guide for all businesses. Retrieved from https://www.equalityhumanrights.com/en/publicationdownload/assistance-dogs-guide-all-businesses

  6. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.20). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  7. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.29). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  8. Equality Act 2010, Section 13.

  9. Equality Act 2010, Section 15.

  10. Equality Act 2010, Section 19.

  11. Equality Act 2010, Section 20.

  12. Equality Act 2010, Section 21.

  13. Equality Act 2010, Section 26.

  14. Equality Act 2010, Section 24.

  15. Equality Act 2010, Part 9.

  16. Equality Act 2010, Section 109.

  17. Citizens Advice. (2023). Asking for adjustments to help you’re your disability. Retrieved from https://www.citizensadvice.org.uk/housing/discrimination-in-housing/taking-action/asking-for-adjustments-to-help-with-your-disability/

  18. Equality act 2010, Section 39

  19. Equality and Human Rights Commission. (2011). Employment. Statutory code of Practice (Provision 6.17). Retrieved from https://www.equalityhumanrights.com/sites/default/files/employercode.pdf

  20. Equality Act 2010, Section 85.

  21. Equality Act 2010, Section 91.

  22. Equality Act 2010, Section 168-173.

  23. The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulation 2003, Regulation 3.

  24. Dangerous Dogs Act 1991, Section 3

  25. Dangerous Dogs Act 1991, Section 10.

Reccomended Reading

 

  1. Equality and Human Rights Commission. (2017). Assistance dogs: A guide for all businesses. Available at https://www.equalityhumanrights.com/en/publicationdownload/assistance-dogs-guide-all-businesses
  2. Equality and Human Rights Commission. (2017). Take the lead: a guide to welcoming customers with assistance dogs. Available at https://www.equalityhumanrights.com/en/publicationdownload/take-lead-guide-welcoming-customers-assistance-dogs