Hi Anthony
I found your response really helpful in trying to understand the possibilities.
However, there are now other statutory duties e.g. education, which are now
affected by the DDA so it could be argued that adjustments to statutory
duties for disabled people might also be subject to the DDA, particularly
as the bodies responsible for delivering the provision are now under new
duties in the DDA.
I have checked about Manchester's current policies and procedures and existing
policies allow for some residents to have dropped kerbs provided through
budgets
allocated under Housing or Social Services and dropped kerbs are provided along
"key routes" under existing highways budgets and included in all new
developments.
The problem would come for disabled people who live in private accommodation
and are currently offered the service at a reduced cost, so not as a right.
Best wishes
Flick
At 08:15 12/05/2005 +0100, you wrote:
>Sue,
>
>Though Part 3 CoP lists various highway services as "services" under the
>Act general discrimination law, as shown through case law and practice
>from the Race and Gender Acts, more widely usually excludes what may be
>termed statutory services. A distinction must therefore be drawn between
>what is prescribed as a duty under statute for a local authority and the
>wider concept of services under the DDA.
>
>Hence providing roads footways etc are a part of the Highway Acts.
>Benches, street furniture etc may not be and would be seen as a service
>under the DDA. To obtain more info on it see Brian J Doyle 2005
>"Disability Discrimination Law". It's a very good book on the DDA law.
>At the end of the day it will get properly defined when someone takes a
>Council to court!
>
>The provision of dropped kerbs I understood came under the Highway Acts
>as a part of the general duty upon a local highway authority to consider
>the needs of all highway users. It may not be listed a schedule but it
>is included.
>
>Anthony Rylands
>North Somerset Council Access Officer.
>
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]]
>Sent: 11 May 2005 21:08
>To: [log in to unmask]
>Subject: Re: Dropped kerb provision for disabled people
>
>Hi Sue
>
>I'm sure that there is no duty to provide flush kerb access as you
>describe
>just as there is no duty to provide crossovers for vehicles to access
>hard
>standings or driveways. It is usually the responsibility of the
>homeowner to
>apply and pay for such facilities(unless as part of a madatory or
>discretionary disabled facilities grant.)
>
>It would be reasonable as john said to provide flush kerb access to the
>footpath for general communal benefit which is what we do and we have an
>annual budget set aside to help facilitate this. The siting of these
>communal access points also needs careful consideration if they are to
>be
>safe and to reduce the risk of cars parking across them. (eg Position
>them
>where there are double yellow lines if possible).
>
>If you provide flush kerb access for one household, you would possibly
>have
>a duty to provide them for all dwellings in a given street and this
>would
>result in a very bumpy, uncomfortable, undulating pavement. And if there
>is
>on-street parking allowed in a street the cars could be forced to park
>across the flush kerbs because there would be no alternative.
>Enforcement
>would be a nightmare. This is a possible scenario on some estates as the
>residents get older.
>
>It is unfortunate that people don't yet recognise access problems when
>purchasing a home and only realise the shorcomings in their chosen
>location
>as they get older and/or become disabled in some way . In the future
>this
>will improve as people become more aware and as new more accessible
>housing
>and environments are built.
>
>Having said all this, there may well be occasions when it is reasonable
>to
>provide flush kerb access for an individual. Each case on its merits I
>think
>but with an eye to the possible implications of such actions.
>
>I hope my ramblings make sense..... it's getting late...
>
>Regards
>
>Alan Hunt
>Access Officer
>Pembrokeshire County Council.
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]]On Behalf Of
>Sue Fox
>Sent: 11 May 2005 16:08
>To: [log in to unmask]
>Subject: Dropped kerb provision for disabled people
>
>
>Your thoughts please..........
>
>Do Local Authorities have any duty to provide a dropped kerb for
>disabled
>people outside their dwelling? The kerb would be 900mm wide, and not for
>vehicles.
>Is this a reasonable adjustment under the DDA?
>
>----------End of Message----------
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>Run by SURFACE for more information on research, consultancy and the
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Chair, MDPAG (Manchester Disabled People's Access Group)
Office: [log in to unmask]
Website: http://www.mdpag.org.uk
Personal: [log in to unmask]
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