Jurors, lawyers and social workers face 'resilience test' in inaccessible courts

Jurors, lawyers and social workers face 'resilience test' in inaccessible courts β€” Sport | Versia.media

By the time disabled social worker Vikki Walton-Cole arrived at court, she was already "in pain and unable to walk".

At that point, she was not a full-time wheelchair user. However, because the court lacked on-site or nearby parking, it took a "massive effort" to walk from much farther disabled parking, she told the BBC podcast Access All.

When she later found out the courtroom could only be reached by stairs, she "burst into tears".

"That's obviously not a great way to arrive at court as the professional."

Walton-Cole says access problems like these were a "massive factor" in her choice to quit social work "because there's just too many barriers in the court system".

The BBC has learned that inaccessible courts have caused various difficulties for disabled people, such as jurors feeling exposed, and lawyers having to participate in cases remotely despite being just metres from the courtroom.

Under the Equality Act, courts must provide "reasonable adjustments" for individuals with disabilities.

A HM Courts and Tribunals Service (HMCTS) spokesperson stated: "We are working closely with disability groups to reduce the barriers disabled people face when accessing justice."

Have you been impacted by the issues raised in this story? Contact Kateryna at: accessall@bbc.co.uk

Juries are 'supposed to reflect society'

After leaving social work, Walton-Cole encountered another aspect of court when she was summoned for jury duty last year at Guildford Crown Court in Surrey. She was eager to take part.

Now a full-time powerchair (electric wheelchair) user, she spent weeks asking "basic access questions," but says she eventually gave up after finding the experience "so stressful".

The court stated they felt they did everything possible to meet her access requirements.

Walton-Cole was repeatedly informed she could be exempted from jury service, but resisted that, stating: "As a jury, we're supposed to reflect society."

Victoria Gerrard is another wheelchair user who recently got a jury summons. She served as a juror earlier this year at Paisley Sheriff Court in Scotland.

She noted there was no accessible toilet in the jury area, and "there wasn't anyone practically saying, 'If you need to use the bathroom, here's how to manage it.'

"It doesn't seem like it had been particularly thought of."

Gerrard was unable to use the stair-only juror exit, and had to be escorted through public spaces.

This meant she frequently passed the accused and their family, who "glared" at jurors and had to be removed by police after an "outburst," leaving Gerrard feeling particularly vulnerable.

On the final day of the trial, all other jurors departed together and arranged onward travel in groups. Gerrard said she was "left sitting out the front of the building, feeling very exposed".

"No one even came to the door with me."

Barrister Holly Girven, who also uses a wheelchair, has commended court staff for being "absolutely excellent," but says she too has encountered several access obstacles.

She said one court initially denied her access to the upstairs floors of a court in case of a fire.

Girven described the accessible entrance to Edmonton County Court in London as a steep temporary ramp which she had to be pushed up by security and felt "so unsafe" using.

"I don't think putting essentially a wooden temporary ramp over a few steps you can really say that 'we are truly accessible,'" she said.

When a lift at Wandsworth County Court in London was out of order, Girven had to attend her hearing via Microsoft Teams from a separate conference room, "while everyone, including my client, went to the courtroom".

"I must have been 10 metres from the courtroom," she said.

"You wouldn't expect a hospital to not be wheelchair-accessible. So I don't know why it's acceptable for some courts not to be."

Several wheelchair users interviewed by the BBC acknowledged the difficulty and expense of upgrading old or listed court buildings, but said one straightforward improvement would be for courts to provide better access information.

The BBC examined the information provided by all courts in England and Wales and discovered varying levels of detail on accessibility.

When we contacted courts to try and collect more specific data on their accessible facilities, the Ministry of Justice told us that this level of information was not held centrally.

'Ambushed by inaccessibility'

Equality law barrister Gregory Burke, a wheelchair user and the founder of AccessAble, a website that creates detailed access guides, said accessibility also involves information, attitudes, and dignity, as well as the facilities themselves.

Burke said a coroner once told him that he was "lucky" they allowed him to address the court while seated, and he says a judge told him – in front of his client – "not to wreck the place" as he maneuvered the judge's chambers in a wheelchair.

He emphasized these incidents are notable exceptions, and that "overwhelmingly, the judiciary have been very inclusive and accommodating".

But he said disabled court users shouldn't be "ambushed by inaccessibility" and "have to undergo a resilience test" in going to court.

He said this extra "cognitive load" can impact a lawyer or witness's ability to provide their best evidence, which could "have a bearing on someone's liberty, or the custody of a child, or whether a business survives or not".

A report by the Magistrates' Association found that inaccessibility "severely damages morale and has led to resignations".

The issues highlighted in the report included a poorly positioned accessible toilet which "risked a wheelchair user falling down a flight of stairs".

The report concluded: "By failing to ensure all court buildings are accessible, the court estate is undermining the efficient administration of justice."

A HMCTS spokesperson said: "We understand that accessibility remains a challenge in some buildings.

"We prioritise making sure courts are accessible to all users by listing cases at suitable venues and equipping our staff with mandatory training on reasonable adjustments to deliver a justice system that meets everyone's needs."

The Scottish Courts and Tribunals Service said they have a webpage for jurors with information on accessibility, and jury liaison officers who can assist disabled jurors.

A spokesperson said: "We aim to make the courts as inviting and accessible as possible for everyone and welcome all feedback on how we can improve."

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