1. Club Statements
1.1. Mission Statement
Barnsley Football Club has been at the centre of the town for over 125 years. Barnsley Football Club (“The Club”) aims to be a source of pride in the Metropolitan Borough Council of Barnsley.
The Club will increase national awareness by:
• Playing professional football at the highest possible level.
• Managing the Club to create a sustainable future for professional football within Barnsley.
• Looking after the interests of its supporters and encouraging involvement through liaison and consultation groups.
• Making the matchday experience more appealing to all supporters and especially families through eradicating anti-social behaviour.
• Maintaining the high standards in our Reds in the Community programme, creating opportunities for young people who are at a disadvantage or who have special needs to learn and to take part in sport.
• Promoting the place that football plays in our town’s heritage and culture.
• Developing the potential of our young people to achieve sporting excellence.
• Promoting the value to the wider community of sport with accessible and affordable community spectator facilities.
1.2. Equality Statement
Barnsley Football Club’s commitment is to promote inclusion and to confront and eliminate discrimination whether by reason of age, gender, gender reassignment, sexual orientation, marital status or civil partnership, nationality, ethnicity (race), religion or belief, ability or disability, pregnancy and maternity and to encourage equal opportunities.
These are known as ‘protected characteristics’ under the Equality Act 2010.
Barnsley Football Club will also commit to a programme of raising awareness and educating, investigating concerns and applying relevant and proportionate sanctions, campaigning, widening diversity and representation and promoting diverse role models, which we believe are all key actions to promote inclusion and eradicate discrimination within football.
2. Customer Service
2.1. Service standards you can expect of our employees
• We will respect our members.
• We will provide prompt, friendly, courteous and effiient customer service and always remain professional.
• If you are making a request that requires action, we will aim to provide a response within 7 working days.
• We will take ownership of your enquiry, follow-up and keep you informed of progress to completion.
• We will be realistic about what we can do and in what timeframes.
• We will show respect for your privacy in your dealings with us and the confientiality of information discussed.
• We will actively seek your feedback on our services to ensure they meet your needs.
In writing or email:
• We will write to you in clear, concise language that is easily understood.
• We will respond to your letter or email within 7 working days.
• If your enquiry requires in-depth research or follow up that will take longer than 7 working days, we will acknowledge your correspondence, and where possible, provide an expected completion date and details of the employee responsible for the response.
Via the internet or social media:
• We will maintain our website with relevant and up-to-date information that is easily understood and accessible.
• We will post interesting, engaging, relevant and up-to-date information on our social media platforms that encourages interaction and feedback.
• We will respond to enquiries and post on our social media platforms in a timely and professional manner.
• We will keep up to date with online services and community engagement tools and trends.
• We will continue to review Barnsley FC’s web-based and social media platforms to further engage and connect with our community and provide additional online self service facilities and tools.
The Club encourages customer feedback, comments, views or complaints about the Club, its staff or activities.
All such correspondence should, in the fist instance, be directed to the Chief Executive who will respond or arrange for an appropriate departmental head to respond on behalf of the Club.
Any contact from a customer, whether it be by letter, facsimile or email, will receive a response within seven working days. Should it not be possible to provide a full response within that time an acknowledgement will be sent and a comprehensive reply will follow at the fist possible opportunity.
Any unresolved matters will be referred to the Club Secretary and a final decision will be made.
Contact can be made as follows:
• Email: firstname.lastname@example.org
• Post: The Club Secretary, Barnsley Football Club, Oakwell Stadium, Grove Street, Barnsley, S71 1ET
Should a supporter be unsatisfied by the Clubs response or failure to respond to any supporter they can refer the matter directly to The Independent Football Ombudsman (IFO) at the following:
• Post: The Independent Football Ombudsman,
Suite 49, 33 Great George Street, Leeds, LS1 3AJ
2.3. Measuring and improving the quality of our service
We will measure and improve the quality of our services by:
• Implementing quality training and coaching activities for our staff.
• Using key performance indicators in corporate and business planning.
• Recognising our staff for customer service delivery excellence.
2.4. Standards expected of you to our staff
You can help us meet our commitments to you by:
• Being courteous, polite and respectful of our employees.
• Respecting the rights of, and provide courtesy towards, other customers.
• Being open and honest with us by providing accurate and complete details when contacting us.
• Letting us know when your situation changes, for example, your address or personal details change, especially if you are a season ticket holder.
• Using the appropriate channels for customer requests, complaints and compliments while using online social media channels for general dialogue.
• Working with us to solve problems.
• Telling us where we fall short on our service in any aspect so that we may improve our services to you.
• Helping us recognise our employees by telling us when you have received excellent customer service.
3. Staff Conduct
The Club expects the highest possible standards of conduct from members of staff whilst on Club premises or when representing the Club away from Oakwell.
The Club has adopted an anti-discrimination policy, a copy of which is available for inspection at the Club during office hours.
The Club is aware of its responsibility to the community and the members of staff are also aware of their own roles within it.
The Club recognises its responsibility to the safety and well-being of children and young persons who participate in the Reds in the Community activities.
The Club has adopted a formal Child Protection Policy and ensures that all personnel adhere to it accordingly.
4. Club Liability
The Club is not liable for any loss, damage or injury sustained or incurred (howsoever arising) by any individuals or groups of individuals whilst on Club premises.
The Club consults with its supporters on an on-going basis through a variety of formats. These include one to one contact, regular meetings with representatives of the Supporters Trust, regular attendance of Club personnel at Supporters Trust meetings, participation in League surveys and supporters on line questionnaire through the EFL.
The Club publicises its position on major policy issues in the Club programme, on the Official Website at www.barnsleyfc.co.uk and via media releases both local and national.
The Club continues to develop ways to consult with its customers, Sponsors, the Local Authority and other interested parties.
The Club has Supporter Liaison Offiers (SLOs) who can be contacted via SLO@barnsleyfc.co.uk.
The Club will seek new ways to encourage increased spectator access to Barnsley Football Club fixtures.
The Club will offer an appropriate band of ticket prices.
The Club operates a scheme to enable supporters to pay for season tickets by instalments.
Fees: a transaction cost can be applicable for online, postal and telephone credit/debit card bookings.
6.2. Match Day Tickets
Supporters wishing to purchase home match day tickets may do so either:
• In person at Oakwell Stadium, Grove Street, Barnsley, South Yorkshire S71 1ET
• Via the internet for home matches at www.eticketing.co.uk/barnsleyfc
• By telephone on 01226 211 183
At least 5 per cent of tickets for each match will be made available to non-season ticket holders.
The Club gives the earliest possible notice of any changes to its ticketing policy and the reasons for the changes via the Club programme, official website and social media channels, and/or via the local media.
6.3. Ticket Concessionary Rates
Concessions are available to Junior supporters (19 years and under), Young Adults (19-21 years) and Senior Citizens (65 years and over). However, the Directors reserve the right to amend these age limits.
Tickets for juveniles will not be available for purchase on the turnstiles.
6.4. Disabled Supporters
The Club encourages the attendance of disabled supporters and their carers. Where the need for personal support has been identifid, the Club will admit the personal assistant free of charge on the understanding that they are providing a service to the disabled supporter to enable them to access match facilities.
Disabled supporters who register the need for a personal assistant may be refused entry should they arrive at the ground unattended as the club cannot guarantee that this service will be provided by club staff. No carer
may enter the ground using their complimentary ticket if the person to whom they provide assistance is not attending the game.
The Club disabled policy is as detailed in Appendix 1 of the Customer Charter, copies of which can be obtained either through the Club Official Website or at the General Offie. The Box Office Staff and the Club’s
Disability Liason Offier (DLO), Vicky Campbell are available on 01226 211 183 for information.
6.5. Away Matches (Including Cup Competitions)
Where it is likely that the requirement for tickets will outstrip the availability, away clubs or their local police force, may make the match “all-ticket” for Barnsley Football Club supporters only.
In the case of prestigious away matches where demand is likely to outstrip supply, where possible there will be a guaranteed period designated by the Club for Season Ticket Holders to claim their tickets on the basis of one per member, followed by members of Club schemes that give members second priority, before going on general sale.
Ticketing arrangements for all away matches are publicised on the Club’s website (www.barnsleyfc.co.uk), in the Club programme and press releases.
Supporters are advised to retain their ticket stubs from both home and away games.
6.6. Home Cup Competitions
Tickets for cup competitions are priced in agreement with the opposing Club, but usually no higher than for League matches.
A refund is given on pre-purchased match tickets returned to the Box Office up to the advertised time of kick-off, providing the ticket holder is considered to have a genuine reason for returning the ticket(s). No refunds are given after this time.
Season tickets are sold as packages and no part of those packages will be accepted by the Club for exchange or refund.
6.8. Abandoned/Postponed Matches
If a match is postponed prior to the turnstiles being opened for a particular match. Supporters in possession of pre-purchased match tickets will be able to use them when attending the re-arranged match.
If a match is postponed after supporters have been admitted to the stadium, but before kick-off, ticket holders will be offered free admission to the re-arranged match. If a match is abandoned after kick-off and before the half time interval ticket holders will be offered half - price admission to the re-arranged match. A valid ticket from the postponed or abandoned match must be produced as directed by the Club to activate the free or reduced price admission.
6.9. Accommodation Away Supporters
The Club does not charge admission prices to supporters of the visiting club that are higher than those charged to its own supporters for comparable accommodation.
In particular, concessionary rates offered to Senior Citizens (65 and over), Junior supporters (19 years and under), Young Adults (19-21 years) also apply to supporters of a visiting club.
Tickets for juveniles will not be available for purchase on the turnstiles.
7. Reds Superstore
The Club will provide information relating to the launch date and expiry date of replica kits.
A detail of the next intended change of kit is available from the Retail Manager who is based at the Reds Superstore at Oakwell.
Details of the next intended change of kit (where known) will be displayed on the Club Website.
The Club carries out its obligations under EFL regulations to prevent price fiing in relation to the sale of replica strip.
The Club offers refunds and exchanges on merchandise in accordance with its legal obligations.
8. Charity Requests
The Club has a commitment to supporting local charitable requests.
The Club does not make monetary donations and, due to the high number of requests, the Club does not support personal enquiries for signed merchandise for events such as birthdays or weddings.
The Club is committed to supporting The EFL’s chosen charity.
All applications must be accompanied by a letter of authority from the benefiting charity and must be received six weeks prior to the required event date.
9. Community Activities
The Club is proud to play a strong role in the community.
The Reds in the Community is the charitable arm of Barnsley Football Club who provide valuable support for our community activities.
Through the Club’s Study Support Centre, a wide range of school children from across the borough are given the opportunity of attending ‘learning through football’ courses.
The Club actively helps to promote and publicise local charitable causes, community events and other good causes by arranging for players to attend public events (subject to availability).
The Club supports all Equality and Diversity, and is also committed to Inclusion and Anti-Discrimination and this is relayed through messages in the Club programme, on the official website, stadium PA system, media releases and in conjunction with the Barnsley Multi Agency Panel.
It is further committed to taking a strong position towards the use of racist language, chanting or behaviour at its stadium.
11. Barnsley Football Club Anti-Discrimination Policy
Barnsley Football Club’s disability policy covers Equality Act 2010.
For the purposes of the Equality Act 2010, a disabled person is someone who has physical or mental impairment which has substantial and long-term adverse effect on their ability to carry out normal day-to-day activities; or has had such impairment in the past (See appendix RE defiitions).
Barnsley Football Club provides 57 wheelchair bays for HOME supporters.
These are situated in the Corner Stand at Oakwell Stadium and limited numbers in the South Stand. Tickets for disabled supporters in these areas are priced at the appropriate category. Helpers go free.
Disabled supporters in the Corner Stand should enter Oakwell Stadium via Gate One (South East corner). For the South Stand disabled supporters should enter through gate 33 on Grove Street.
Barnsley Football Club also provides facilities for supporters with a visual impairment. These are also situated in the Corner Stand at Oakwell Stadium and visually impaired supporters can enjoy the atmosphere at the big game via match commentary.
Visually impaired supporters should enter Oakwell Stadium via Gate One (South East corner).
There are also 18 wheelchair bays available for away supporters in the North Stand.
Parking is provided for disabled supporters. The number of designated disabled bays in the Oakwell car park is 59, although these are sold to season permit holders in the home car park. Away supporters should advise the steward on their arrival to the away car park. Oakwell Stadium has disabled toilets for both home and away supporters.
For more information on Disabled ticketing arrangements, prices and allocations, please contact the Oakwell Box Office on 01226 211 183.
Barnsley Football Club’s ticket policies are the same for disabled and non-disabled supporters.
The Club’s ticketing policies provide for personal assistants and carers (PAs) to be admitted without charge, where a disabled supporter requires a PA in order to attend a match, on condition that the PA provides support to the disabled person as required.
The Club’s concessionary ticket policy for disabled supporters applies to all disabled supporters, regardless of their needs based on the need to be accommodated in a designated disabled seating area, such as for wheelchair users, and/or the need for PA support in order to be able to attend the match.
Separate home and away facilities are provided for disabled supporters. Barnsley Football Club endeavour to provide weather protection for disabled supporters in exposed areas of Oakwell Stadium.
Information about access and other facilities for disabled people is easily available via the Club’s offiial website, www.barnsleyfc.co.uk and in the Oakwell Box Office.
The Club has designated a disabled car parking area. More information can be obtained from the Oakwell Box Office.
12. Barnsley FC against Discrimination
Barnsley FC is determined to apply equal treatment across all supporters, users and consumers of Barnsley FC’s activities and services regardless of gender, race or ethnic origin, age, religious beliefs, disability, sexual orientation or practices that are deemed to be unfair or considered discriminating.
The Club consistently promotes and increases awareness around the issues of racism in football, particularly using Match Day campaigns and Reds in the Community programme of activities to help reduce the barriers to participation.
The Club deploys a zero tolerance to discriminatory behaviours, either physical and verbal, and uses appropriate pathways to report and remove those that disregard the Club’s stance on discrimination.
You can report discriminative behaviour by contacting your nearest Match Day Steward, or alternatively contact Kick It Out on 0800 169 9414.
Barnsley FC is committed to safeguarding and continues to develop its policies and activities to meet its legal obligation.
Barnsley FC has a duty to safeguard the welfare of children, young people and vulnerable adults and puts in place relevant policies and procedures to meet the requirements of the English Football League (EFL) and
Football Association’s (FA) safeguarding frameworks.
The full safeguarding policies can be located within the
Club’s website, although the below can be contacted should you require information.
Shaun Selby: email@example.com.
The Club deploys one steward per 250 of anticipated attendance to undertake a mobile role. This stewarding number is increased when participating in high profie fixtures.
In addition, a number of stewards are deployed at strategic points within the North, East, South, West and corner stands.
Stewards are clearly visible via their dress and their main tasks is to ensure the safety of all spectators and stewards follow a training programme aligned with the National Occupational Standards (NOS) for spectator safety:
• Prepare for spectator events
• Deal with accidents and emergencies
• Control the entry, exit and movement of people at spectator events
The Club undertakes an annual inspection of its premises, its ability to take reasonable precautions for the safety of spectators, review of policies and procedures and its effectiveness in communicating with the Police, Fire and Rescue and Ambulance services in line with the Safety of Sports Grounds Act 1975.
There are grounds for an appeal for supporters that are subject to a Barnsley FC stadium ban (but not subject to being banned via a court procedure) and for those that have already completed a ban from the courts.
These are usually carried in consultation with the Club’s safety officer/stadium manager and South Yorkshire Police and other nominated officers. Appeal decisions are final following an appeal.
15. Supporter Engagement
Barnsley Football Club is proud to support the Football League’s Supporter Liaison Officer (SLO) initiative, and currently four SLO’s continue to represent the Club and our supporters.
These roles are backed by UEFA and are designed to ensure that fans have a dedicated point of contact and someone who will best represent the needs of fans within the Club, ensuring that the most common issues are raised at the highest level within Oakwell.
UEFA fist adopted the principle of the Supporter Liaison Officer (SLO) as part of their football club licensing platform, and it is centered on improving communication and providing a focal point for supporters to make their voice heard.
The SLO is an independent position which reports directly to the Chief Executive, meaning that fans have an independent representative putting their views forward.
The Supporter Liaison Offiers will be on hand to meet and interact with supporters at every game both home and away, and will subsequently meet with the Club management team. A dedicated email address (firstname.lastname@example.org) has been set up for use by the SLOs, which supporters can now use to make contact and raise any points.
The Club is also implementing the EFL Regulation (111) Supporter Engagement whereby the Club complies with the regulation by holding at least two meetings/fans forums per season to which its supporters (or representatives) are invited in order to discuss signifiant issues relating to the Club.
The meetings will be represented by the Club’s majority owner, board director(s) or other senior executive(s) with Fans Forums being generally smaller meetings. Where meetings are not open to all supporters wishing to attend, Supporter Representatives will be elected, selected or invited in line with basic democratic principles.
The Club will act responsibly and will not exclude any individuals without good reason. As an example, refusal could be if the fan was subject to a banning order.
16. Ground Regulations
Entry to the Ground is expressly subject to acceptance by the visitor of these Ground Regulations and the rules and regulations of FIFA, UEFA, The Football Association, the Premier League and the English Football League (EFL) in respect of the relevant competition.
The Ground Regulations incorporate the Club’s Customer Charter (if any). Entry to the Ground shall constitute acceptance of the Ground Regulations.
“Ground” means this football stadium and all locations owned, occupied or utilised by the Club.
“Club” means this football club.
“Match” means any association football match (or any part or aspect of such a match) taking place at the Ground.
“Material” means any audio, visual or audio-visual material or any information or data.
“Football Authority” means each of the English Football League (EFL), the Premier League, The Football Association, the Football Association of Wales, FIFA, UEFA and any other relevant governing body of association football.
16.1. Notwithstanding possession of any ticket the Club, any police offier or authorised steward may refuse entry to (or eject from) the Ground any person:
16.1.1. that fails (or in the Club’s reasonable opinion is likely to fail) to comply with these Ground Regulations or any reasonable instruction issued by a police offier or authorised steward;
16.1.2. whose presence within the Ground is, or could (in the Club’s reasonable opinion), constitute a source of danger, nuisance or annoyance to any other person.
16.2. On no account will admission be granted to a person who is the subject of a current Banning Order under the Football Spectators Act 1989 (as amended) or has been convicted of ticket touting offences under the Criminal Justice and Public Order 1994 (as amended).
16.3. The Club excludes to the maximum extent permitted by law any liability for loss, injury or damage to persons/property in or around the Ground.
16.4. No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date and the Club reserves the right to reschedule the Match without notice and without any liability whatsoever.
16.5. In the event of the postponement or abandonment of the Match, refunds (if any) will be made in accordance with the Club’s Customer Charter. The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, such as (but not limited to) loss of enjoyment or travel costs.
16.6. All persons seeking entrance to the Ground acknowledge the Club’s right to search any person entering the Ground and to refuse entry to (or eject from) the Ground any person refusing to submit to such a search.
16.7. The following articles must not be brought within the Ground - knives, fireworks, smoke canisters, air-horns, flares, weapons, dangerous or hazardous items, laser devices, bottles, glass vessels, cans, poles and any article that might be used as a weapon and/or compromise public safety. Any person in possession of such items will be refused entry to the Ground.
16.8. Further, you may not bring into the Ground any sponsorship, promotional or marketing materials save in respect of offiial club merchandise and/or other football related clothing worn in good faith nor may you offer (either free or for sale by any person) any goods (including literature) of any nature without the express written approval of the Club’s management.
16.9. The use of threatening behaviour, foul or abusive language is strictly forbidden and will result in arrest and/or ejection from the Ground. The Club may impose a ban for one or more Matches.
16.10. Racial, homophobic or discriminatory abuse, chanting or harassment is strictly forbidden and will result in arrest and/or ejection from the Ground. The Club may impose a ban for one or more Matches.
16.11. The following acts are offences under the Football (Offences) Act 1991 (as amended):
16.11.1 The throwing of any object within the Ground without lawful authority or excuse.
16.11.2 The chanting of anything of an indecent or racialist nature.
16.11.3 The entry onto the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse.
Conviction may result in a Banning Order being made.
16.12. All persons entering the Ground may only occupy the seat allocated to them by their ticket and must not move from any one part of the Ground to another without the express permission or instruction of any steward, offier of the Club and/or any police offier.
16.13. Nobody may stand in any seating area whilst play is in progress. Persistent standing in seated areas whilst play is in progress is strictly forbidden and may result in ejection from the Ground.
16.14. The obstruction of gangways, access ways, exits and entrances, stairways and like places is strictly forbidden. Nobody entering the Ground shall be permitted to climb any structures within the Ground.
16.15. EFL stadia are smoke-free and smoking is not permitted inside the Ground.
16.16. Mobile telephones and other mobile devices are permitted within the Ground PROVIDED THAT (i) they are used for personal and private use only (which, for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and (ii) no Material that is captured by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites.
16.17. Under the Sporting Events (Control of Alcohol etc) Act 1985 (as amended), the following are offences for which a person can be arrested by a police offier and conviction could result in a Banning Order being made:
16.17.1 Attempting to enter the Ground or being inside the Ground whilst drunk;
16.17.2 Being in possession of any intoxicating liquor, or bottle, can or other portable container and which could cause damage or personal injury, when entering the Ground or in a public area of the Ground from which the event can be directly viewed.
16.18. Any individual who has entered any part of the Ground designated for the use of any group of supporters to which he does not belong may be ejected from the Ground either for the purposes of his own safety or for any other reason.
16.19. Save as set out in paragraph 16 above, no person (other than a person who holds an appropriate licence) may capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may they bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material.
Copyright, database rights and any other intellectual property rights in any unauthorised recording or transmission is assigned (by way of present assignment of future
rights) to the Club and the EFL. You further agree (if and whenever required to do so by the Club and/or the EFL) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the Club and the EFL absolutely and with full title guarantee.
16.20. No goods (including literature) of any nature may be offered either free or for sale by any person within the Ground without the express written permission of the Club.
16.21. Tickets are not transferable and may not be offered for sale without the prior written permission of the Club - or otherwise in accordance with the relevant ticket terms and conditions. Any tickets that are transferred are transferred subject to these Ground Regulations. Any tickets offered for sale may be conficated by any steward, officer of the Club or any police officer. The Club reserves the right to refuse admission to or eject from the Ground and/or “blacklist”, any person who has offered for sale or transferred his/her ticket in contravention of the relevant ticket terms and conditions (and/or the holder of any ticket that has been transferred in contravention of the relevant ticket terms and conditions). Tickets remain the property of the Club at all times.
16.22. CCTV cameras are in use around and in the Ground. Body worn video cameras recording video and/ or audio may also be used as appropriate, for example to record prohibited behaviours as referenced in paragraphs 9 and 10. The Club may itself use or pass to the police or any Football Authority or other
clubs, any recordings for use in any proceedings.
16.23. At all times whilst present in the Ground, persons must comply with any and all instructions of any steward or offier of the Club and/or any police offier. Failure to comply with any instruction may lead to immediate ejection from the Ground.
16.24. By entering the Ground, all persons are acknowledging that photographic images and/or video recordings (and/or stills taken from video recordings) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the game or by or on behalf of the Club or any Football Authority (or their commercial partners) for marketing, training or promotional purposes. Entry into the Ground is confimation that all persons have consented to such use of their image. If these images should feature an individual prominently the Club will make reasonable efforts to gain the consent of that person before publishing such images, however, if this is not possible, then entry into the Ground shall be deemed consent unless the Club is notifid in writing to the contrary.
16.25. Further to paragraph 24, if such person is under 18 years of age, the parent, guardian, or responsible adult who is accompanying them into the Ground shall be deemed to have provided consent on their behalf.
16.26. Refused entry to (or ejection from) the Ground may lead to further action by the Club including, but not limited to, the withdrawal of any season ticket (without reimbursement), Club Membership and other benefits.
18. Appendix - Definitions
18.1. “A person with a physical or mental impairment”
This includes those with mobility impairments, sensory impairments (hearing, eyesight), learning diffiulties and mental impairment. It is no longer necessary that a mental impairment be ‘clinically well-recognised’.
Other people covered by the Act include:
• People with severe disfiurements, even where these do not directly affect day-to-day activity.
• People with cancer, multiple sclerosis or HIV infection are included from the moment of diagnosis (i.e. even where, currently, there is no effect on day-to-day activities).
• People with other progressive conditions (e.g. muscular dystrophy, rheumatoid arthritis) are included from the moment that the condition has some effect on their ability to carry out day-to-day activities, provided that at some point in the future it will have a substantial effect.
• People whose physical or mental impairment is substantially corrected or controlled by the use of prosthesis (such as artifiial limbs) or medication (except if an impairment is controlled or corrected by spectacles, eyeglasses or contact lenses, in which case it is only if the residual effect is suffiiently adverse that the person
would be covered).
• Children under the age of six who would be covered by the DDA if they were an adult.
People with the conditions below are expressly not covered by the Equality Act 2010:
• Those whose impairment consists only of addiction to nicotine, alcohol or any other substance (unless the addiction resulted from medically prescribed drugs or treatment).
• Those with conditions giving them a tendency to set fies (pyromaniacs), a tendency to steal (kleptomaniacs), a tendency towards physical or sexual abuse, exhibitionism or voyeurism.
• Those with seasonal allergic rhinitis (hay fever).
• Those with a severe disfiurement consisting of an unremoved tattoo or body piercing.
18.2. The impairment must have a “substantial adverse effect”
Substantial, in this context, means only ‘more than minor or trivial’. As stated above, if an impairment is corrected by use of a prosthesis (other than spectacles) or by medication, that correction must be discounted before determining whether the effect is “substantial.”
18.3. The effect must be “long-term”
This means that:
• It must have lasted, or be expected to last, at least 12 months.
• It is likely to last for the rest of that person’s life.
• It is likely to re-occur if it is currently in remission.
18.4. The impairment must adversely affect “normal day-to-day activities”
This means activities that are normal for most people, not specialised activities such as the ability to play a musical instrument.
The following are the day-to-day activities covered by the Act:
In most cases, it will be clear whether or not a person meets the above defiition and it should not therefore be necessary to make signifiant checks on eligibility. However, there may be cases where the Club is not certain that the person presenting a disabled person is actually a disabled person as defied by the Act. In that event, if the Club is offering a concession or if the person is seeking a reasonable adjustment (such as a ticket for a PA) the Club is entitled to seek evidence from the person.
Typical evidence that a Club could seek would be one of the following:
• Entitlement to the medium or higher rate care component of the Disability Living Allowance (DLA).
• Entitlement to the mobility component of the DLA.
• Holder of a Blue Badge (with the person named as the disabled person).
• Letter of confimation from the Local Authority Social Services Department that the person is in receipt of support services.
• Letter from the person’s GP confiming that they are a disabled person with a recognised impairment that requires extra help.
In the case of DLA, the award may be for life or for a specified period. Accordingly, it would be reasonable for a Club to check periodically (e.g. annually), whether a disabled person remains eligible, although where an award is made for life the Club’s systems would record this so as to avoid the need for periodic checks of that person’s eligibility.