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Refused Toilet Access - slightly different circumstances

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FranticTraveller | 17:52 Sun 22nd Jan 2012 | Law
66 Answers
Good Day! I generally understand how a merchant has every right to refuse access to their toilet facilities to a customer.

However, I'm hoping someone with a legal background may be able to take into consideration some additional circumstances:

My elderly father went for an eye exam at a High Street optician...just in fairness I considered whether it would be fair to name them. It was Vision Express!

During his eye exam he was asked what medications, if any, was he taking. Along with his anti-hypertensives he was just starting a rather strong diuretic. As he described it to me it has an effect to place one into a state of almost panic with the urgent/desperate need to immediately urinate.

He tells me that whilst undergoing his medical history with the ophthalmologist he told her the names of each medication and even alluded to the fact her needed to go but would endure.

The exam took much longer than anticipated as he needed to have some extended tests involving prisms ...(I'm pretty sure that's what he called it).

He had selected his frames before the eye exam and when he came out of the exam he was directed to a chair to have the frames sorted. He explained we was pleased but he needed visit the loo.

He says the manager told him, with a rather syrupy smile, that he wasn't permitted to use the loo. My father asked, rather excitedly why? The woman told him it was due to that ever-elusive and despised phrase we've adapted in this country called 'Health and Safety.' My father quickly retorted there was indeed going to be a health AND safety problem if he didn't go to the loo then!

'No, I'm sorry, you'll have to go elsewhere, I think the toilets may still be open further down the High Street,' She told him. (It was already dark so I doubt it.)

My father left instantly.

Sadly, his endeavours failed. My father is a kind, warm, and ever-so dignified gentleman who is incapable of saying anything demeaning about anyone! He was mortified, humiliated, and exasperated. He phoned me in distress, asking that I come immediately to collect him. He could not go inside anywhere and was standing outdoors in the cold as he waited the twenty minutes for me to drive to him.

Out of frustration and mortification he refuses to go back to buy his glasses from them, which I certainly understand. But he's also compelled to go back to collect his prescription so he can take it elsewhere.

I'm heartbroken for him. I can't imagine anyone being so callus and dismissive of his plea. Yet this soulless, gutless individual didn't give sweet fanny adams about his well-being. I think their behaviour is despicable, regardless of whatever absurd EU mandate our nation has fallen afoul of. It certainly isn't the Britain I know!

This clearly wasn't a 'personal injury' and if we were to phone one of those ambulance chasing places that bombard us with their stupid pleas about using the wrong ladder, having a ding a year ago, or whatever, we'd be laughed off of the phone.

So I'm not certain whether there is anything we can do at all other than name and shame these disgusting people.

I'd be grateful for any advice you might be able to offer.

Thanks!
FT+
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Question Author
Anne, I smiled reading your contribution. I've had the same chat with him about this very thing. But I end up enduring a diatribe over how tesco, et al, are a blight on the landscape of Britain and the source of the closing of independent businesses across the country.

But now I can gladly add to my ammunition "Well crum Daddy, at least you can have a wiz on them without punitive consequences!"

thanks for that!
Is it possible to carry a bottle for emergencies, that he can use in a car ?
Question Author
Tam - neither of us ever foresees this happening again. As I've shared earlier in the thread My father does not suffer from incontinence nor a particularly abnormal framework of time between the need to void. This was an exceptional event where he was compelled to supplicate himself before strangers due to circumstances created not by him, but by an appointment that began late and lasted far longer than he was told.

He will be on steady keel here on provided he's never again compelled to endure the optician's vicissitudes.

Nevertheless - You are correct:

we exist "in omnia paratus"

FT
I know this might not be much good advice to you now but is it possible next
time your father has an appointment or needs to go out could he delay
taking his pills until he got home? My husband has to take these pills but
takes them at different times in the day if he has to go out.
just as a point of interest,why did you only register here yesterday (according to your profile) to ask for advice? is there a regular here that thought you might get help?
I think i seem to be somewhere in the middle here -

i totally sympathise with your dad and i imagine it was horrible for him... my own father i think would feel the same as him... and i agree they were a bit heartless knowing how desperate he was....but i also agree with bednobs...i think you are being a bit dramatic with it all... your wordy and convoluted diatribes at the youth of today and the fall of society and your tone towards anyone who isn't simpering with sympathy just seems a touch over the top here...
As you state, the shop is under no obligation to provide a toilet... his medical issues are irrelevant in terms of their legal responsibilties, and are certainly not special circumstances - all they are guilty of is poor customer service.
You seem to claim she more or less did it on purpose and derived some sick pleasure at your dads suffering...maybe... but seems unlikely... is your dad cantankerous? could he have wound them up a bit?

That said, I agree they were mean in saying no, and could have shown more compassion.
My parents owned shops and often had to refuse people who began to make a habit of thinking it was a public convenience...they also heard allsorts of excuses...so they used the H&S thing too - it was just easier ... so i see why this person may have been instructed to refuse by head office...

i do agree that under the circumstances they could have and should have made an exception - given that they knew he was genuine, but they didnt...and i am afraid you cannot do anything about it.

you could write and complain - i would - but even then, they dont owe you anything...they are just a shop like any other... it is not their fault your dad had this accident... they would just think he should have had a backup plan....or just opened his zip and did it on a wall... you said it was dark and raining....that he chose to wee on his pants is not their fault.
the best you can hope for is that they change their policy - it certainly isnt a matter for solicitors etc.

also, hope you are not saying all this stuff to your dad too...going on and on about it, talking about law and solicitors etc...you will just be making it worse for him....let him forget it... maybe his quietness etc is because you are making such a fuss?

sorry if i sound blunt...its hard not to in text, i dont mean to sound as though i dont care - i do and i hope he feels better soon.
Question Author
Joko - Good morning...lots to digest so many apologies if I miss any salient points you've made. Firstly, I could not more agree with you, my views and everything I've written is subjective. I'm proud to be the world's greatest expert at my own opinion. My frustration with the disparity of generations may be something many of us share - I said (wrote) what I feel. It's not proffered as a scream of anguish but a footnote of sadness. That's all.

Earlier in the thread I thought I mentioned that at no time had I told my father I was discussing this with anyone. Since the event there has been no further discussion about the incident. It would only serve to remind him of a moment he wishes to forget.

As I continue here, part of this is in response to Bunkmore; I've come to AB several times in the past to seek answers or to read what others have experienced. This has generally come through my finding links on Google. In various sections I saw over the past year there were occasionally thoughts or comments offered by clearly knowledgeable people, especially the few times I found myself in the law section. Each of us possess different talents and last night I sought to seek guidance and opinion. Whilst it may appear otherwise, I was not seeking validation. Had I received a definitive response that stated 'in accordance with the whatever Act of whatever year, no one should be denied....' I would have thanked the contributor and gone to bed. Quite frankly, I was a bit surprised by the volume of contributions made. Some were actually quite helpful in the sense that I received referrals, such as Mamya's contribution early in the thread (Thank you again), some I felt were cold and discounting. But I accept this with the same aplomb as I would a nurturing comment. Without a doubt, the issue I raised is a subjective one. As some of our human rights become minimised as a consequence of finance, such as the closing of public toilets, it compels us to at least rhetorically ask 'then what do we do?' For some the answer is very clear...go before you go, don't take tablets, carry a bottle, etc. Fine. If that's the answer then we should never anticipate someone writing a thread complaining about finding urine filled bottles left on trains, the high street, or in car parks.

And the questions/advice Cupid and Tamborine have proffered, the same point was addressed earlier in the thread and I again replied that the circumstances surrounding the event were out of the ordinary. It is not something we envisage experiencing in the future.

Perhaps we will embrace a time-honoured custom of our neighbours just across the Channel. All children will be unceremoniously pointed to the kerb (and hopefully a drain - but usually not) and the adults will avail themselves (hopefully) of the vespasiennes which simply exist 24 hours a day AND you can continue chatting face-to-face with your friends and observe the world as you relieve yourself on the pavement. (In fact, we had a trial one installed just...er...um...peeing distance from the Oscar Wilde monument behind St Martin's Church on Adelaide Street. It may be that we will segue to the types of facilities offered in Mumbai and Delhi, literally a dent in the wall, a brick on the ground, and the flowing open sewer in which to find relief, whatever the need.

As I've mentioned, I'm most grateful for everyone's contributions. This has been an interesting experience for me and I never once imagined receiving so many contributions. Should I ever have something to ask in the future I feel this may be just the place to visit again.

Many kind contributors have masticated this to such a point that I can't imagine anything that may be new.

I'll leave this now with my sincere appreciation to you all!

<a href="http://www.worldofstock.com/slides/TAN1
369.jpg

">New Concepts in Public Conveniences 1</a>



FT
i was thinking about this a bit more while i was having my lunch today (i know - toilets; what a nice subject to ponder on whilst eating a chicken sandwich!)
Anyway, i'm not sure this is a new phenomenon. When i was 15 i worked in a shop. The toilets were through the stock room, past the safe, up some stairs, through the staff rest area, and in the area where everyone kept their coats and handbags. I would absolutely expect the manager or whoever was in charge on my shift to do all they could to prevent members of the public having access to this area - no exceptions. While i am sitting down with my feet up and a cup of tea on my break, the last thing i would want is some random person passing to use the loo in an area where my real clothes were and my handbag. I would have thought it "disgusting" if someone had been allowed through, and i'm sure i wouldn't be the only one. Even looking back at this through the distance of time and life experience, i don't think differently.
I also was still pondering on why your father didn't go and see if the loos he had been directed to were open. You say you "doubt" they were open, which leads me to think that he didn't go and see, as if he had and they were open, he would have used them, or if he did and they were closed, he would have told you and you could now be venting your anger towards the local council instead of vision express.
thats an interesting point bednobs...what would happen if something was stolen or broken... ? who would be held responsible....? the manager or FTs dad...?
it is also a perfect opportunity for dodgy staff members to steal and have someone to blame... (happened to me when i did work experience once...perfect scaepgoat, blame the WE girl and get away with it...everyone just accepted it no question... it was extra upsetting because i was offered a great job...and then it was revoked because of this...)
in my mums shop the toilet was visible from the shop floor but also at the back and past a lot of stock...they could have filled their pockets and nobody would have seen... and of course my mum couldnt leave the till to accompany them ....
its just a normal shop not a cafe so they werent expectesd to provide a loo.

or what if the person slipped and broke a hip...

FT...yes obviously you are hurt for your dad... i would be too...and i think writing a letter to head office will help you feel that you have at least addressed the issue.... but i do suspect the 'rule' is dependant of the layout of the shop and the individual manager or staff.

incidentally as it was dark and raining i suspect no-one would even have noticed... which is something... i know his pride is hurt mostly
also thinking about the notion that they are in some way bound by a duty of care i dont think stands... they offer no treatment for medical conditions... highstreet opticians really just assess your vision and sell you a pair of glasses... they are not doctors....any more than the pharmacist at boots has to offer you a loo because of your medical needs. if they find you have any problems they would refer you to your gp or hospital, not treat you themselves.
Apparently-the loo in this case was in full view-not hidden away. That almost implies that it *could* have been for customers use...at the discretion of whomever was in charge. FT has already said he took his father to another opticians where he(FT) was allowed to use the facilities.

As for suggesting that he should have gone in search for the public toilets that were about 1/3 of a mile distant....put yourselves in the position of an elderly person...on a dark and wet night. What would you do? At 64-I am considered by many to be 'elderly'...and I am quite fit...but I'm not sure I would want to go off on what was quite probably a wild goose chase. FT has already said that the toilets in question would have been shut. This is due to the need for councils to both keep us safe-and save money.

Really-this is not about any legalities concerning what a business should or shouldn't provide-it's more about using some discretion when odd situations like this arise...putting ourselves in the other persons shoes...being a bit compassionate.
Hi FT
Know what you mean !! I have prostate cancer and also take a diuretic and often need the loo urgently. I was in a branch of Specsavers last year and needed the toilet so asked if I could use their facilites - no problem was the answer. In the USA and Canada it is the norm for the general public to use shops/cafes/restaurants as a matter of course - it should be the same over here as most public toilets are now non exisient due to vandalism. Wish your Dad well.
FBG40
i haven't read all the responses, so apologies if i repeat anyone else's view. I understand why your dad would be upset, but did he tell the manager would a desperate situation he was in at the time? and when told that they weren't for public use, did he then explain that he was desperate because of the tablets he's on? unfortunately, they are perfectly within their rights to refuse access to the toilets - its not a case of them being mean or awkward on purpose, if something had happened to your dad on the way to the toilet (ie not in the public part of the shop) insurance would not have covered him for any injuries etc. some laces ive worked have toilets hiden well away from the public area, through corridors full of boxes and all sorts of health and safety issues - it wouldn't be mean to refuse someone to borow them - it would be for their own safety.

you say that he needed the loo while giving his medical history, then went on to have the exam, and had selected frames before asking the manager if he could use the loo - i am very sorry that he got himself in such a predicament over all this, but in fairness to the shop, perhaps he should have popped away for 5 minutes to the public toilets that would, in all likelihood, have been open at that time.

I'm not really sure what it is you actually want from this? legal advice for what?
Nini...if you had read the whole thread,you'd be aware that the public toilets were a fair distance away,and - as it was already dark - most likely closed. This was confirmed by the OP.
Question Author
I'm terribly sorry everyone - each of you has made valuable contributions and indeed, throughout today I've considered the sum of this thread.

Because of my poor communication skills I have clearly not spelled out many of the facts, but they are now moot.

He selected his glasses BEFORE the exam

The toilet, bearing a CLEAR sign was immediately to his left as he turned right to go into the exam room. What presumption might be made from this - that the staff often forget where it is and need a reminder in the case they may accidentally conduct an exam in there?

It was dark, it was a third of a mile to the loos, he was desperate only AFTER he stood up from the extended exam and even had he needed to void prior to going in for the extended exam he did what I believe any reasonably intelligent individual might deduce from an advertised toilet, that it was their for use by customers, et al.

The toilets had closed at dusk. I verified that with the council the following day, but again a moot point as what might have happened by the time he got there? Same outcome! And to prevent anyone kindly suggesting this here, NO - he would not have walked back to the optician to politely explain that thank you - I went there but found it closed, but would you terribly mind in this one instance if I were to use the loo, I'll gladly even pay and forgive me, that's not urine on your floor, it's rain. -

As I wrote late last night - this has truly been masticated.

There has been no equivocal statement by anyone that their response about the licensing parameters of opticians is authoritative, but it remains a footnote.

Thank you FBG. I'm so sorry friend, I pray there will be a positive resolution to your challenge.

Whilst in my brief reverie of the moment called 'lunch,' as I too 'enjoyed' a chicken sandwich (it was as difficult writing that as it was swallowing it!), I had a bit of an epiphany - I remembered from Uni a poem I read by the Irish poet WB Yeates, who for some reason felt 'old' from the age of 40 and went kicking and screaming into old age - he wrote:

The Irish poet, W B Yeats, who apparently felt old from the age of forty, went kicking and screaming into old age:

‘What shall I do with this absurdity, O heart, O troubled heart - this caricature, decrepit age which has been tied to me as to a dog's tail?' - he asked.


As they said in ancient Greek - tetelestai !

Good evening
This is sadder than Corrie...............:-(
Question Author
Perhaps more so just an introspective on evolving social norms.
I have every sympathy with your fathers plight, however the retailer has every right to refuse access to the toilets. Supposing your father had slipped and banged his head in their toilets, would you go to a solicitor and claim for damages? Was there a public house nearby?
Question Author
I previously described what was in the community surrounding the optician.

Thank you
pasta, just cause there is a door marked "toilet" doesn't mean there is a toilet directly behind it!

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