Who am I?

My name is Rachel. I'm mum to a 12 year old boy, Adam, and I have been battling for Adam's right to be provided with an accessible toilet at a theme park.

We have, as a family, been annual passholders at Flambards in Cornwall for many years. Adam, is a full time wheelchair user who cannot stand or walk and who cannot self transfer to a toilet. But, like everyone else, he still needs to "go". Adam needs toilet facilities which have a ceiling hoist and an adult sized changing table, as well as a toilet and basin, known as Changing Places toilets.

That's why decided to stick our heads above the parapet and launch a legal challenge on behalf of Adam and all disabled people.

We launched a legal challenge simply to get my yongest son Adam what he, and all disabled people, have a right to: public toilet facilities he can use. Once proceedings had been issued, they improved facilities at the park and the solicitors were discussing terms of a settlement to be paid to Adam. 

Although the legal case won the changes we were looking for, Flambards have obtained a Court Order requiring Adam to pay their legal costs. We can't afford that kind of cost - so we need help. Please contribute what you can and share this page with your friends family and on social media.

Case Background

We've been going to Flambards for years. When my son was smaller I used to take him back to our car in the car park where I would use the wheelchair lift to put him in the car before unfolding a portable camp bed and and lifting my son onto it to sort his clothes before lifting him onto a supportive commode. All in the back of our car, in a busy car park!

It was hideous but my son eventually grew too big for even this process. For a long time we stayed away. My son would ask if he could go and made up excuses as to why we could not. But that was never a plan which would work in the longer term. My son is disabled, he isn't stupid!

So we started contacting them asking them to update their toilet  facilities to include a Changing Places toilet, which is a larger toilet with a ceiling hoist and an adult sized changing table. 

The request was ignored for almost two years, by which time Adam was struggling with feeling unwanted and unwelcome just because he is disabled. So we took the scary step of beginning legal action.

So after years of being told to bring our own toilet for Adam, we launched County Court proceedings against Flambards to require them to install a Changing Places facility.

Once proceedings were issued, and after the media brought additional focus on the issues, Flambards improved their facilities by knocking down a wall, installing a mobile hoist and height adjustable changing table. 

Chris Fry, Adam's Solicitor and Changing Places Supporter says, "It's really important that Adam is not penalised financially for forcing Flambards to provide accessible toilet facilities, and hopefully with sufficient support we will be able to take this campaign on to other cinemas, supermarkets, and public places which are currently off limits to disabled people and their families.

We’re now being told to pay Flambards' legal costs even though they know that Adam was right to bring his case, and where he has achieved so much for other disabled people in accessing Flambards.

How much are we raising and why? 

We want to raise money to ensure that Adam is not financially disadvantaged by this opportunism and to provide us with a fund to take on other service providers who refuse to provide accessible toilet facilities for Adam and children and families like us.

Flambards does not have to pursue the costs order. They are choosing to do so, even though they know that this legal technicality was not Adam's fault. They are also applying for a costs order to be placed on Adam's home, potentially causing more stress to a family which has achieved a great deal for the Changing Places campaign.

“Rachel and Adam’s legal case has raised the profile of the vital importance of Changing Places toilets for over 250,000 people and their families across the UK. Although Flambards has not provided a full Changing Places toilet it has made efforts to improve their provision which shows a recognition of the need. We welcome the fact that the current Government consultation should make Changing Places toilets a mandatory requirement in large public new builds but it is crucial that legislation is also strengthened to improve provision in existing buildings.”  Clare Lucas, Head of Policy and Campaigns, Muscular Dystrophy UK, co-chairs of the Changing Places Consortium.

The Equality Act is only strong if there are people prepared to use it. We will be raising £2,000 towards the cost order. The full costs order is £8913.67 and it would be an amazing show of strength from people if we raised the full sum. It would certainly show Flambards that people believe in equality.. Anything raised beyond this would be used to create a fund to protect others taking similar cases.

Please contribute if you can. And please, most importantly, share this page with your friends and family and on any social media that you use. Together we can make a difference.