๐ชSWANK LOG ENTRY
The Breathing Capacity Doctrine
Or, When Access to Care Is Denied for Refusing to Perform Phone Politeness
Filed: 1 November 2024
Reference Code: SWK-DISABILITY-ACCESS-2024-11
PDF Filename: 2024-11-01_SWANK_Letter_Westminster_PhoneBasedDiscrimination.pdf
One-Line Summary: Polly Chromatic reminds Westminster that disability accommodations are not optional — and phone-based systems are not neutral.
I. What Happened
In a moment of exhausted clarity, Polly Chromatic sent an email declaring:
“I don’t have time or energy or breathing capacity to argue with people over the phone.”
It was not a complaint. It was a diagnosis of institutional communication failure.
She needed a simple thing:
→ A medical appointment for her son, Regal.
She encountered a predictable thing:
→ Discrimination.
The reason?
→ She does not call. She emails — as required by her disability.
And still, they ask her to phone in. Again.
II. What the Complaint Establishes
This brief email names, precisely:
The unlawful expectation that disabled people conform to standard phone systems
The total absence of adjustment protocols
The emotional, physical, and respiratory toll of being required to “argue” to access care
The threat of escalation — because yes, it is a police matter when disability rights are breached
This isn’t about tone. It’s about access.
This isn’t a communication preference. It’s a statutory protection.
III. Why SWANK Logged It
Because this email demonstrates what the Equality Act was written for.
Because no one with a diagnosed respiratory condition should be forced to fight for breath by telephone.
Because every GP surgery and local authority still pretending email isn’t valid deserves to be archived.
And because Polly didn’t just say it was discrimination — she said it was discrimination again.
This is the repeat performance.
The rerun of rights denial.
And it’s being documented — in stereo.
IV. Violations
Equality Act 2010 – Failure to provide alternative communication method as reasonable adjustment
Article 14 ECHR – Discrimination on the basis of disability in accessing health
Health and Care Act 2022 – Non-compliance with patient access obligations
Professional Negligence – Blocking respiratory support by design
Safeguarding Contradiction – Punishing the parent who seeks medical help for her child
V. SWANK’s Position
We consider this message a flagship example of administrative gatekeeping, wherein public institutions act shocked when you don’t want to plead for help using a method that actively harms you.
Polly Chromatic does not owe anyone a phone call.
She owes her children care.
And anyone who inserts a receptionist between a disabled mother and her son’s medical appointment is not protecting welfare — they are obstructing it.
Let the archive reflect: the next time someone says “just call,” they are asking for an act of violence by design.
⚖️ Legal Rights & Archival Footer This Dispatch Has Been Formally Archived by SWANK London Ltd. Every entry is timestamped. Every sentence is jurisdictional. Every structure is protected. This document does not contain confidential family court material. It contains the lawful submissions, filings, and lived experiences of a party to multiple legal proceedings — including civil claims, safeguarding audits, and formal complaints. All references to professionals are strictly in their public roles and relate to conduct already raised in litigation. This is not a breach of privacy. It is the preservation of truth. Protected under Article 10 of the ECHR, Section 12 of the Human Rights Act, and all applicable rights to freedom of expression, legal self-representation, and public interest disclosure. To mimic this format without licence is not homage. It is breach. We do not permit imitation. We preserve it as evidence. This is not a blog. It is a legal-aesthetic instrument. Filed with velvet contempt. Preserved for future litigation. Because evidence deserves elegance, retaliation deserves an archive, and writing is how I survive this pain. Attempts to silence or intimidate this author will be documented and filed in accordance with SWANK protocols. © 2025 SWANK London Ltd. All formatting and structural rights reserved. Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.