Hi,
I would have thought that a footpath also comes 
under the Public Sector Duty of the 2005 DDA since 
it is part of Local Government provision, and that 
would require disabled people to be treated more 
favourably if that is necessary to achieve an equal 
outcome.

Vin
----- Original Message ----- 
From: "Jan Loveless" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 24, 2008 12:40 PM
Subject: Re: Public footpaths and the DDA


Hi Sue
I presume you have seen this, but just incase you 
haven't, this is an
extract from "By all Reasonable Means".
http://naturalengland.communisis.com/naturalenglandshop/docs/CA215.pdf

I am not aware of any case law, but it seems 
impossible to find it nowadays
anyway.

"The Disability Discrimination Act 1995 (DDA 1995)8 
makes it unlawful
to discriminate against anyone on the grounds of 
his or her disability in
connection with employment, public transport, 
education and the
provision of goods and services. Parts II and III 
of the DDA 1995 apply
to service providers' premises, a term that 
includes land.
The DDA 1995 affects all those responsible for 
providing access to
the countryside as 'service providers' but also 
often as employers and
sometimes as educational institutions. It covers 
the whole range of
countryside services including guided walks, 
events, visitor centres,
information, interpretation, signage, paths and 
trails and so on. The Act
also covers everyone involved in providing a 
service to the public,
including volunteers.
The DDA 1995 does not outline specific standards 
but requires that
reasonable provision should be made.What is meant 
by reasonable will
ultimately rely on the courts but the Disability 
Rights Commission's
(DRC) Code of Practice gives helpful guidance (DRC, 
2002).9
The Disability Discrimination Act 2005 was passed 
in April 2005 and
amended the existing DDA. It brings significant 
changes. For example,
it requires public bodies to positively promote 
disability equality and to
have Disability Equality Schemes in place by 
December 2006.The DRC
will publish a Code of Practice and guidance on how 
these Schemes
should be produced, promoted and evaluated. A 
Disability Equality
Scheme will need to:
. Explain how you will promote equality for 
disabled people
. Challenge discrimination against disabled people
. Help remove barriers for all disabled people
The DDA 2005 covers all functions of public bodies, 
not just services,
and therefore includes the provision of public 
footpaths and other
rights of way."

Bests
Jan

-----Original Message-----
From: Accessibuilt list 
[mailto:[log in to unmask]] On Behalf Of
Sue Fox
Sent: 24 September 2008 12:14
To: [log in to unmask]
Subject: Public footpaths and the DDA

Is the jury still out on whether a public footpath 
comes under the DDA part
3?
Any caselaw welcome.
Thanks
Sue

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