Introduction
Every summer thousands of volunteer-led organisations run camps, residential trips, sports tours, holiday clubs and activity programmes. Their focus is rightly on safeguarding, health and safety and creating memorable experiences for children. Yet one of the greatest legal risks is frequently overlooked: operational accessibility.
Accessibility isn't simply about ramps and accessible toilets. It's about decisions, communication, planning, training and leadership. Most complaints arise because somebody makes a decision that unintentionally places a disabled child at a substantial disadvantage.
The Equality Act 2010 isn't designed to punish volunteers acting in good faith. It's designed to ensure organisations remove avoidable barriers before they arise.
Who owes legal duties?
Responsibility rarely rests with one organisation alone. The venue may owe duties in relation to its premises and services. The organisation running the event may owe duties as both a service provider and, where applicable, an Association. Specialist providers, transport operators and contractors may each have separate responsibilities. Effective planning means understanding where those duties overlap, rather than assuming someone else is dealing with accessibility.
Associations and service providers
Many membership organisations overlook that the Equality Act contains specific provisions relating to Associations as well as services. Where an organisation falls within those provisions it must consider disabled members proactively, avoid discriminatory practices and make reasonable adjustments. The fact that activities are organised by volunteers doesn't remove those statutory duties.
Volunteer status is not a defence
One of the most common statements heard after an incident is “we're only volunteers”. That sentiment may explain why a mistake occurred but it doesn't remove the organisation's legal responsibilities. Volunteers acting on behalf of an organisation are often carrying out its functions. Trustees and senior leaders therefore need to ensure that volunteers understand equality duties, know when to escalate decisions and have access to appropriate support.
Training should cover more than legal awareness. Volunteers should understand practical decision-making, communicating with parents, documenting agreed adjustments, safeguarding interfaces and how to respond when circumstances change during an activity.
Operational accessibility
In my experience the greatest risks no longer arise from inaccessible buildings. They arise from inaccessible systems. Registration forms, booking processes, medication arrangements, transport, communication, behavioural policies, emergency procedures and complaints handling all influence whether disabled children can participate equally. This is what I describe as operational accessibility.
The greatest risks no longer arise from inaccessible buildings. They arise from inaccessible systems.
Learning from recent litigation
Two cases involving the Scout Association show how quickly a well-intentioned organisation can find itself in Court, and why individual assessment always outweighs blanket rules.
Wheeler-Ashurst v Scout Association
Michael Wheeler-Ashurst was an autistic 11-year-old who had earned a place in his Scout group's Gang Show, a variety performance involving singing and dancing. The Scouts operated a practice of removing young people who missed the start of the final Sunday rehearsal. Michael's mother had told the group he'd be arriving late because of a prior rugby commitment, but the group held to the rule and he lost his place, with performances still a week away.
The legal question turned on the provision, criterion or practice: the requirement to attend from the start of the rehearsal, with removal from the show as the consequence for anyone who didn't. The trial judge found the Scouts had failed to make a reasonable adjustment and awarded Michael £8,000 for injury to feelings.
The Scouts appealed before HHJ Holmes, arguing that Michael's mother had “chosen” to prioritise rugby, so he wasn't at a substantial disadvantage, and that no adjustment was reasonable. Both arguments were rejected. The Court found the organisation had failed to properly consider the PCP as pleaded: a provision that carried removal from the show as its sanction, not mere lateness.
Catherine Casserley and Ameer Ismail of Cloisters Chambers represented Michael. Read Catherine Casserley's full analysis at Cloisters Chambers.
Ben Gleeson and the 10th Harpenden Scout Group
Ben Gleeson, also autistic and aged 11, joined the 10th Harpenden Scout Group in January 2015. In March 2016, following a short but distressing episode at camp, Ben became upset when he was asked to change into shoes he couldn't find and declined to take part in an egg-and-spoon race because of a phobia of spoons. The group responded by telling his family he couldn't travel on the group bus or take part in athletics without dedicated one-to-one supervision.
His family considered that a ban. It singled Ben out and made him feel different from his peers. The family brought claims under the Equality Act 2010 alongside breach of privacy and data protection claims. The case settled out of court for £42,000 plus costs. Chris Fry was the legal representative for the family. The BBC reported on the settlement.
Contracts and planning
Before any activity begins, organisations should review contracts with venues and providers. Who's responsible for accessible accommodation? Who manages emergency evacuation? Who provides communication support? Who stores medication? Who adapts activities? If responsibilities are left to assumption, important gaps frequently emerge.
When disagreements become personal
Most disputes begin with misunderstanding rather than malice. Parents advocate for their child. Volunteers feel criticised. Trustees become defensive. Soon the discussion is no longer about inclusion but about personalities. The child is often caught in the middle.
Organisations should have clear escalation pathways, encourage respectful dialogue and review decisions quickly before positions become entrenched.
Mediation and early intervention
The best outcome is rarely achieved through litigation. Early intervention and mediation provide opportunities to rebuild trust, preserve relationships and keep children participating. Success should be measured not by whether an organisation “wins” a complaint but whether confidence is restored and lessons are learned.
Data protection, records and reputation
When disputes escalate they frequently trigger wide-ranging Subject Access Requests. Depending on the circumstances, relevant personal data may exist in emails, meeting notes, text messages, WhatsApp conversations, Teams messages and handwritten notes where those records are held on behalf of the organisation or relate to its processing of personal data. Organisations should have clear governance around volunteer communications and record keeping.
Poor compliance with UK GDPR can result in complaints to the Information Commissioner's Office and, in appropriate cases, compensation claims. At the same time, emotional disputes create a heightened risk of unsubstantiated allegations, damaging rumours and potentially defamatory statements. Good governance reduces both legal and reputational risk.
Summer Programme Accessibility Self-Assessment
20 questions across 5 categories. Find out where your volunteer programme's accessibility gaps are before the first child arrives.
Practical checklist
Review your Equality Act responsibilities as a service provider and, if applicable, as an Association.
Clarify responsibilities with venues, transport providers and specialist contractors before the programme begins.
Train volunteers before the activity starts — including practical decision-making, not just legal awareness.
Record agreed reasonable adjustments and ensure they're accessible to all relevant volunteers.
Nominate a named accessibility decision-maker for each programme.
Ensure communication channels between your organisation and parents are appropriate and documented.
Prepare a clear complaint resolution process with named escalation pathways.
Consider mediation at an early stage before positions become entrenched.
Learn from complaints and update systems before the next season.
How Strategic Access Advisory can help
The best time to identify accessibility risks is before the first child arrives. Strategic Access Advisory provides Operational Accessibility Planning Reviews to examine governance, contracts, volunteer training, operational systems and complaint pathways before programmes commence.
Where complaints have already arisen, we undertake independent Operational Accessibility Reviews, identify practical improvements, support organisations through investigations and, where appropriate, facilitate mediation to restore relationships and reduce the likelihood of prolonged disputes.
A single systems review before the summer season can often prevent months of complaints, Subject Access Requests, regulatory engagement and litigation.
Chris Fry
Director, Strategic Access Advisory Limited. Postgraduate legal qualifications, CEDR mediation accreditation. Contributor to House of Lords and Commons Select Committee proceedings and Court of Appeal cases.