Court backs parents in BSL discrimination claim

A county court judge has ruled that a concert promoter discriminated against three deaf mothers by failing to provide a British Sign Language (BSL) interpreter for support acts at a Little Mix concert in 2017.
Media reports following the case suggested the judgment could lead to better access for deaf people at large events.
Sally Reynolds, Victoria Nelson and Sarah Cassandro attended the gig at South of England Showground in Sussex on 1 September, and while they were able to secure an injunction for promoter LHG Live Limited to provide BSL access for Little Mix’s performance, an interpreter wasn’t provided for the warm-up acts Ella Eyre and Germein (then known as The Germein Sisters).
The court heard that LHG Live Limited had offered Sally carer tickets for her to provide her own interpreter, but this was turned down as it was the company’s responsibility to provide an interpreter.
According to The Limping Chicken, the UK’s independently-run deaf blog and news site, District Judge Avent said: “Live sought to impose what it considered to be solutions in a rather high-handed manner and in a vacuum of ignorance and understanding as to any of the claimant’s disabilities and needs. There was no enquiry from Live at any point as to the extent and nature of their disabilities.
“Overall, the thrust of Lives’ position in relation to the support acts was that there was insufficient time to deal with the issues which arose. I reject that contention.
“Where concerts of this magnitude and size are being provided for a particular band, with or without support acts, for one night only at a specific geographic location, it seems to me generally speaking that the provision of a BSL interpreter will always be more than likely a reasonable adjustment to make or provide.”
The Judge also said he would grant a declaration that LHG Live Limited discriminated against the three parents, in breach of the Equality Act 2010.
The three set up a crowdfunder on the fundraising site CrowdJustice to provide financial protection in case they had to pay the defendant’s £100,000 legal fees.
Sally said: “All we wanted was the same access to the event that everyone else had. Thanks to Judge Avent we feel thoroughly vindicated for bringing the action.
“We didn’t just bring this action for us though, we brought it on behalf of the deaf community who are routinely denied access to interpreters in everyday situations. Deaf people have rights and it is about time that service providers recognise that we have the same value as everyone else.”
Lawyer Chris Fry, who acted for the three families and runs his own private practice through Scott Moncrieff and Associates in London, added: “Being deaf doesn’t mean you should expect second best.
“I hope that this decision will help people who use BSL as their first language will see that change is possible with the right legal help and support.”
To read the full report on The Limping Chicken website visit https://limpingchicken.com/2021/09/16/breaking-little-mix-concert-promoter-discriminated-against-deaf-parents-judge-rules/