Funfair Health Restrictions and the Equality Act

The Equality Act of 2010 was a landmark piece of legislation in the UK, streamlining various laws (including the Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995) into one comprehensive act. Its goal was to outlaw discrimination based on race, gender, or disability.

This legislation is relevant to all organisations, and fairground ride hire companies, event venues or amusement parks should therefore adhere to its requirements. Its aim is to ensure that everyone, regardless of their abilities, has the right to enjoy the fun and excitement they offer.

• Equal Access: The Act mandates that disabled individuals should have rights to access rides and attractions. This means that fairground operators must consider 'reasonable adjustments' to facilitate this access. Such adjustments could include modifications to restraints, crowd control barriers, walkways and slopes, or even by providing additional hand and foot bracing points to ensure safety for all.

• Safety First: While the Equality Act champions accessibility, it also acknowledges the paramount importance of health and safety. Operators have the right to refuse access to a funfair ride or fairground stall if they genuinely believe that doing so would compromise the safety of the individual concerned, other riders, or staff. This should be based on specific assessments, not general assumptions.

• Avoid Blanket Bans: Discrimination occurs when operators implement across-the-board rules that unfairly exclude disabled people from enjoying their facilities. Instead of a one-size-fits-all policy, the Equality Act encourages personalised assessments to determine whether an individual can safely use a ride.

• Engage and Consult: A key to compliance is not making assumptions about what disabled individuals can or cannot do. Fairground operators are encouraged to engage with disabled guests or their carers to make informed decisions together. This collaborative approach ensures that everyone has the chance to participate in a manner that's safe and enjoyable.

Consider the scenario of a fairground refusing access to a high-speed, physically demanding ride to a person with multiple sclerosis who uses walking sticks and cannot stand unaided. The ride requires leg strength for bracing. In this case, refusal based on safety concerns for the individual and others is likely justified under the Equality Act. This example underscores the importance of assessing each situation individually, focusing on safety while striving for inclusivity.

The Equality Act 2010 challenges fairground and amusement park operators to balance the need for safety with the right to access and enjoyment for all, including those with disabilities. By understanding and applying the principles of the Act, operators can create an environment where fun and safety go hand in hand, ensuring that the thrill of the ride is accessible to everyone.

Please contact us to book your spot with our funfair hire team, or visit our funfair safety guides for more information.