Dear Sue
I think you will find that the new Disability Discimination Act 2005 brings
a duty on local authorities not to discriminate and was included
particularly because certain functions carried out by local authorities
didn't clearly come within the earlier parts of the Act. As local
authorities have responsibilities for highways, it could be argued,
although there is no case law so far, that not providing a dropped kerb
discriminates against a disabled person. The references are in Chapter 13
which defines discrimination, a duty to make adjustments, including
physical features, and some "justifications" for not carrying out
adjustments, the main one being cost. However, it would be difficult to
argue a cost factor for a dropped kerb outside residents' houses or other
accommodation. Section 21 E is also relevant. In the earlier sections of
the Act, organisations are expected to budget appropriately for
adjustments, even if they can't provide adjustments immediately.
There is also the section on duties in 49A.
There doesn't seem to be anything on the DRC website about this but there
were minutes and reports of meetings and consultations as part of the
consultations around the Bill before it became law, which referred to
environmental responsibilities of local authorities.
Another opportunity to enforce this, arises as part of the new
responsibilities under the Local Development Frameworks where authorities
are expected to have much stronger sustainability policies and to consult
more widely and more effectively on the environment and related planning
issues. I hope that the inspectors who will be monitoring and approving the
LDDs (Local Development Documents) will encourage this kind of policy and
that members of this list will support these kinds of policies in their own
authorities!
Best wishes
Flick
At 16:07 11/05/2005 +0100, you wrote:
>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?
>
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Chair, MDPAG (Manchester Disabled People's Access Group)
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