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Waved through: when an easier journey raises a harder question

Digital access, staff confidence and Martyn's Law: making freedom of movement and safety work together.

12 October 2026·Chris Fry, Strategic Access Advisory Limited·Legal Insight
Commuters passing through ticket barriers at a metro station

Photo: Pexels

Ross Hovey recently described a day in London that raised a question every venue and transport operator should be able to answer.

At the railway barriers, staff opened the accessible gate without asking to see his ticket. On the train, inspectors checked other passengers' tickets but only asked Ross where he was getting off. Later, at a restaurant with tight security, his companions went through checks while he was waved through, even though he had a rucksack hanging from his wheelchair.

Ross had a valid ticket throughout, and he liked having fewer things to negotiate. Then he asked the question that matters: was this thoughtful customer service, unconscious bias, or discomfort about dealing with a disabled person?

Ross lives with spinal muscular atrophy (SMA), a genetic condition that causes muscle weakness. He uses a powered wheelchair, and on his own website he explains how his care team supports his working and social life. For someone in that position, every check, queue and conversation costs time and energy that other travellers don't have to spend. A smoother journey isn't a small thing.

His question shouldn't lead businesses to make travelling harder. It should lead them to keep that ease and make it dependable. Right now, the ease he enjoyed rested on what each member of staff happened to notice, and how each one happened to feel, at each point of the day. That's a lucky outcome, not a system. And a system is what the Equality Act 2010, and soon Martyn's Law, expect you to have.

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The rest of this article sets out the practical framework, the legal analysis, the Martyn's Law position and a downloadable copy. Members of The Access Advantage on Substack can read it in full and keep a copy.

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What members get in the full article

The legal analysis

Why a wave-through isn't a lawful substitute for a consistent process, and what sections 20 and 21 of the Equality Act 2010 ask of service providers.

Bias, discretion and discomfort

Three different problems that look identical from the customer's side of the barrier, and the fix for each.

Martyn's Law, applied

How to keep security screening proportionate, dignified and consistent, without exempting or singling out disabled people.

CF
Chris Fry

Accessibility specialist and legal professional. Postgraduate legal qualifications, CEDR mediation accreditation. Experience in Court of Appeal and Supreme Court cases, contributions to House of Lords and Commons Select Committee proceedings. Director, Strategic Access Advisory Limited.

This article provides general legal and operational information and doesn't constitute legal advice. For organisation-specific guidance, contact us.

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