Hi folks,
I have been contacted by a lady who has had extreme difficulty with a spring latch on new section of footpath. She has already asked the community council to change the latch but they have refused on the basis that she is the only complainant.
I wrote to the clerk of the council politely pointing out their anticipatory duty and that this must not depend on number of users of a service who are disabled people and copied to the local footpath officer who kindly suggested a couple of alternative latches.
The council met and the clerk has reported that they are sticking to their “we might act if more people complain” position.
I could probably call their bluff by rustling up a few more complainants but this seems an important legal point that the council are ignoring: that it doesn’t matter how many or few people are affected - a barrier should be removed once identified.
The gate in question is left open by many walkers because they recognise that it is very heavily sprung but if the lady in question returns after someone has dutifully closed the gate then she really struggles to get through it and can be in pain for days afterwards.
I have started to compose a response to the clerk pointing out the legal basis for asking them to remove this barrier but would welcome others’ thoughts before I send it.
Many thanks,
Vin
Vin West
Chair
Arfon Access Group
01286880761
07771536760
Glyn Dwr
Llandwrog Uchaf
Caernarfon
LL54 7RA
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