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----------
Run by SURFACE for more information on research, consultancy and the
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Run by SURFACE for more information on research, consultancy and the
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