Hi Vin,
I wonder if there is anyone at the Fieldfare Trust who might be able to
provide some support? http://www.fieldfare.org.uk/.
Or maybe the Disabled Ramblers who I'm certain would support your view on
this: http://disabledramblers.co.uk/
http://disabledramblers.co.uk/wp3/wp-content/uploads/2014/01/Enjoy-The-Countryside-V5Ra.pdf
I hope this helps?
Best wishes,
Brian
Brian Seaman
Associate at Access New Business
T: 0845 124 9974 / 01293 776225
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W: www.accessnewbusiness.co.uk
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----- Original Message -----
From: "Vin West" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, April 27, 2015 10:01 AM
Subject: Anticipatory duty
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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