BA Disability Policy and Customer Service Dispute Page

Latest
15-04-08 New position: In this instance it appears an error was made and the policy was misinterpreted by local staff. It is now a misinterpretation by local staff and not an individual.

08-04-08 New & shifting position: We understand that Mr. Elmi told staff in dubai he could self-lift. On this occasion it appears that the individual at the check-in counter may have misinterpreted. (We point out in our response that three employees, including a supervisor, denied boarding).

13/03/08 We received the long awaited letter from BA’s solicitors Gates and Partners. They failed to give the precise reason why the airline denied Mr. Elmi boarding on the return leg of his journey. Instead Gates and Partners stated ..our client (British Airways) had the right to refuse carriage to Mr. Elmi and denies liability... We will post further developments soon.

27/02/08 the Equality and Human Rights Commission (EHRC) formally referred my case to the Civil Aviation Authority (CAA) for investigation.

The Civil Aviation Authority is responsible for enforcement of EC Regulation 1107/2006.
Breach of the regulation by a United Kingdom carrier is prosecuted under Statutory Instruments 2007 No. 1895 The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007.

Judging from the my experience with BA and the company's sheer arrogance I became convinced that I was not alone and other passengers are treated no better so I incorporated the feedback feature. The submissions these stats are extracted and content from this page will be moved to www.my-british-airways-nightmare.com.

To see full feedback stats so far click here.

British Airways discriminated against me on grounds of disability

Why I published this page

I have started this campaign because I have been treated appallingly by BA). I complained to BA Customer Relations and did not find anyone willing to listen to my complaint.

I am very angry at the way BA treated me and the subsequent lack contrition. I have decided to take legal action and make this case public. Despite my serious grievance with the airline I alerted their Press Office on 7th, 12th and 18th February 2008. I gave BA every opportunity to address my complaint and the fact you reading this means all else has failed.

Background

I am a fit 47 year old male and wheelchair user. I am a frequent traveller and have good mobility even without the use of my legs. I play basketball and swim long distance. In November 2007 I purchased two return tickets from BA to Dubai. From there I planned to travel to Africa where I would visit NGO organisations and charities I support in three countries. Travelling with me was my 74 year old mother who would was heading to Djibouti to stay with relatives. She planned to stay in Africa through to spring I planned to return between 24th-26th January 2008.

We travelled on flight 109 from London's Heathrow Airport on 13th November 2007. We arrived in Dubai and travelled on with another airline to Djibouti in East Africa without incident.

On 18th January 2008 I confirmed my booking on flight 108 return to London departing from Dubai on 26th January 2008. I informed them I was a wheelchair user travelling alone.

Denied boarding on grounds disability

On 26 January 2008 I arrived at Check-In and was told by the staff on the counter that I could not travel on the flight because they did not have the capacity to assist a wheelchair user. The Check-In duty manager, Brendan Hobkiric, told me that the best he could do was to ask the cabin staff if they would be prepared to take me. Shortly after he informed me that the cabin crew declined and I was informed that I would be left behind.

I pointed out that I had confirmed my booking and such decisions should be not be made by cabin staff but by the airline in accordance with policy. I argued they had a legal obligation to carry me as they had taken me Dubai in the first place. Aside from a breach of contract I informed Mr. Hobkiric that leaving me behind would be unethical and illegal.

Mr. Hobkiric told me that there would be nobody to help me to go to toilet or to assist me if an evacuation was necessary. Although this is an invalid argument in itself, I made it explicitly clear that I have good upper body strength and I am capable of transferring myself from my wheelchair. I explained that I frequently travelled alone and did not require any assistance to go to the toilet other than a crew member to push the special adapted airline wheelchair along the isle (this is always necessary because the isle is narrow and the design of onboard wheelchair makes very difficult to use alone).

Mr. Hobkiric was adamant that the flight did not have the resources to take a disabled passenger. I requested a booking on the next flight but was told that the situation would be the same in all subsequent flights unless I could get somebody to travel with me for the sole purpose of being my aide during the flight.

I asked the airline arrange accommodation whilst it resolved the issue. Mr. Hobkiric made it clear that I should make my own travel and accommodation arrangements as he could not assist me any further. They completely washed their hands of me and I was left stranded in a foreign country with no means, support or assistance.

The whole experience was a nightmare. There was no customer care, nobody thought about my welfare or knows what became of me. They simply washed their hands of me.

II feel British Airways discriminated against me, failed in its duty of care, infringed on my human rights, breached EC Regulation 1107/2006 and breached its contract with me. BA haven’t apologised or even refunded my ticket (I purchased my ticket home from Emirates Airline). If you would like to help please feature this incident on your website and link back to this page. If you can provide any other assistance please contact equalaccess@business-inc.co.uk.

Please bookmark this page as I will be posting regular updates as the situation develops.

M A Elmi

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