Bus Eireann ordered to pay €5k to autistic boy who was not allowed eat toast in back of school taxi

In the Equal Status case, the Workplace Relations Commission (WRC) found that Bus Eireann discriminated against the 16-year-old on the grounds of his disability.

WRC Adjudication, Gerry Rooney has ordered Bus Eireann to pay €5,000 to the school child and also further ordered Bus Eireann to consult with the boy's family without delay in order to reasonably accommodate the needs of the teenager over his school transport needs.

In his report, Mr Rooney records that the boy has autism with severe impairments in social interaction and communication skills

In the case, the boy’s parents submitted that due to their son’s particular dietary requirements he would have his breakfast in the taxi en route, and where his breakfast included a slice of toast, a banana, and fruit juice.

The parents maintained that due to their son’s diagnosis of autism, his routine was an extremely important element of his life and where any changes in his routine could cause difficulty and regression in his development.

New taxi

From 2015, the boy’s needs were facilitated by a taxi-driver contracted by Bus Eireann to provide the school transport service to a special needs school.

In 2016 a new taxi driver was appointed by Bus Eireann to provide the driving, and where the routine of the teenager eating his breakfast while in transit to the school each morning was accommodated without a problem.

However, on January 27, 2017, the new taxi driver said that he was getting a new taxi worth €60,000 and asked that the teen no longer eat toast in the cab of the new taxi.

The boy’s father indicated that his son had been allowed to eat toast with the previous and current driver and it was a part of his daily routine, and the decision not to be allowed eat the toast was a very distressing change to his son’s routine.

The taxi driver maintained his opposition to the boy eating toast in the back of the cab in spite of the parents’ offer to buy the taxi driver a portable vacuum so that he could hoover whatever dust fell.

The taxi driver replied that he had a portable vacuum but did not want the clean up after the teenager

The taxi driver told the parents that it was a Bus Eireann policy not to eat in the school transport, and there were health and safety issues that related to eating on the transport.

Discrimination

The parents contacted Bus Eireann a number of days later and spoke to an Inspector who indicated that the taxi driver was being reasonable and told the parents that the teenager will be given one week to stop eating the toast and that was the policy, where it was based on health and safety grounds.

The boy’s parents advised that they requested the Inspector to send them any information on Bus Eireann’s no eating policy.

As they received no information they argued that a no eating policy did not exist.

The parents stated that despite their attempts to get the information they had failed to find a no eating policy on Bus Eireann’s website, or in the terms and conditions regarding the provision of school transportation services.

The parents contested there was no reason to stop their son from eating his toast, and in stopping him eating the priority was the appearance of a new taxi rather than the reasonable accommodation of their son.

On that basis, the parents submitted their son was discriminated against on the basis of his disability.

They stated that as a consequence of these changes their son stopped eating breakfast altogether and that the effect of the decision not to reasonably accommodate him had a significant impact on his behaviour and development.

The boy’s parents submitted that in general, they experience particular challenges regarding their son’s diet with having to provide him with a very set menu and type of food on a daily basis throughout the year, even when on holidays.

They submitted that the decision not to reasonably accommodate their son compounded the discrimination he experienced.

Bus Eireann denied that it discriminated against the boy and submitted that the services were being provided by a taxi subcontracted by Bus Eireann.

Bus Eireann submitted that the correct respondent to the complaint should be the taxi company that was providing the services.

However, in his findings, Mr Rooney said that the evidence provided demonstrates that the boy’s disability requires structure and routine in his life to accommodate his disability.

Mr Rooney stated that the boy’s care plan identifies that his parents and carers have developed eating programs and routines, which enables him to eat frequently, and gradually increase the range of foods which he will eat.

Mr Rooney said that toast is specifically mentioned as a food of choice of the teenager.

Mr Rooney states that the evidence provided supports that the teenager was facilitated in this routine from 2015 and up until January 2017.

He said: “It appeared the changes took place due to the taxi driver that was providing the service on behalf of Bus Eireann acquiring a new taxi, and where the taxi driver at that stage decided he did not want the complainant to eat toast any more in the taxi.”

Mr Rooney said that as the provider of the service he find Bus Eireann had an obligation to facilitate the specific needs of the boy’s disability.

Mr Rooney stated that the evidence shows that despite written correspondence from the boy’s parents to Bus Eireann, “it failed to reasonably engage with the parents to review the matter and to consider how the complainant could be reasonably accommodated”.

He said that in reality, the granting of permission for the boy “to eat toast in the taxi is not an accommodation that would give rise to a cost, other than a nominal cost, if at all”.

He said: “There was no evidence provided that when the Complainant was being reasonably accommodated previously that any soiling of the taxi occurred, our if soiling had occurred in the past that it presented an unreasonable cost to the taxi driver or the Respondent.”

Mr Rooney stated that whilst Bus Eireann was relying on health and safety risks, it failed to demonstrate where any risk assessment had been made of the teenager’s eating requirements due to his disability.

Mr Rooney also stated that Bus Eireann failed to demonstrate it consulted with the teenager or his representatives in deciding not to accommodate his eating needs, or to consult on the consequences to the teenager for any change in the accommodation that had been provided to him over the previous 18 months.

He said that on this basis he found Bus Eireann is in breach of its obligations under the Equal Status of the Act and has failed to reasonably accommodate the teenager.