The Equality Act of 2010 requires that disabled people are not disadvantaged by any ‘provision, criterion or practice’. You might be familiar with its implications in the workplace or in providing customer services, but the law also applies to the public realm.
If we’re thinking about streets, for example, certain clauses of this Act mean that councils have a duty to ensure that access is as easy for a disabled person as it is for anyone else.
We’ve recently become aware of people making good use of our Freedom of Information site WhatDoTheyKnow to challenge cycle routes that are impassable for some, for example where a cyclist would have to dismount to get past, or where an adapted bike or tricycle would not fit through the space allowed.
“I’m honestly shocked at how easily FOI can get results”
The request-makers identify barriers to access, and ask the relevant authorities to confirm that all requirements of the Equality Act have been adhered to in their implementation, from the carrying out of an impact assessment to the making of ‘allowances and accommodations’ for those that need them.
It’s easy to find such requests by searching for the term “Was an Equality Impact Assessment carried out at this location” on WhatDoTheyKnow, which brings up several examples.
These FOI requests have been inspired by a request-maker going by the name of Heavy Metal Handcyclist, who provides a template for others to use as an example — and whose WhatDoTheyKnow account shows him using the Act to very good effect himself, as for example with this request picking up on some obstructive barriers in Warrington. And he gets results: in this case the issue was dealt with constructively by the authority concerned; and a request to Warwickshire County Council will mean that some ill-placed new barriers in Clifton upon Dunsmore, Rugby will be removed:
We came across this little seam of activism thanks to an article by Jamie Wood, in which the author writes affectingly about how cycling has returned to him some degree of the independence and mobility that his Multiple Sclerosis took away: he goes on to say, however, that there are frequent frustrations in the form of paths blocked by thoughtlessly-placed bollards, posts and barriers that he can’t navigate on his tricycle. Constructive engagement and polite letters to his local council didn’t do the trick, and so he turned to activism.
“In the vast majority of cases, an FOI request should be enough, with no need to resort to legal means.”
Describing his learning curve, Jamie pointed to the Heavy Metal Handcyclist as well as to this letter on Doug Paulley’s DART website — which brings us full circle, as Doug is a WhatDoTheyKnow volunteer as well as an accomplished campaigner on accessibility for disabled people.
As Doug quotes on his site, court cases have established that:
“The policy of the (Equality Act) is not a minimalist policy of simply ensuring that some access is available to the disabled: it is, so far as reasonably practicable, to approximate the access enjoyed by disabled persons to that enjoyed by the rest of the public.”
We admire the level of knowledge and clarity in these requests and we hope that they bring good results. At the same time, we recognise that this sort of work shouldn’t be left purely to the disabled people who are affected by blockades and impediments: we can all keep an eye open for where such barriers may be making paths impassible for some. And, thanks to the examples linked to in this post, it is simple enough for us all to follow their lead.
As Jamie says, “It’s the Equality Act itself that can be only be used by people directly affected; anyone can make an FOI request”.
He also points us towards this report from the York Cycle Campaign, released last week, identifying more than 30 places across the city where the requirements of Equality Act have not been met. Kate Ravilious from the campaign says, “If City of York Council does not step into gear and rectify the problems, they will be forced to take legal action, which could end up with the council having to fork out as much as £50,000 for every person that pursues action via the small claims court.”
But Jamie points out that Freedom of Information is a softer and sometimes more effective first step towards getting these issues fixed: “In the vast majority of cases, an FOI request should be enough, with no need to resort to legal means.”
The Heavy Metal Handcyclist agrees:
“Whilst it is true that local authorities continue to install barriers to access despite their S.149 obligations, it is entirely possible to force almost immediate removal of barriers both new and predating the EA2010 by using a sufficiently pointy FOI request. To date, only one authority has needed further legal action, with officers in almost all the others immediately recognising the problem and addressing the issue quickly. I’m honestly shocked at how easily FOI can get results in this regard.
“WhatDoTheyKnow has been an excellent tool to catalogue and track FOI requests, particularly with regards to time limits.”
Image: York Cycle Campaign