Council responsibility to maintain wheelchair access?

[Ham]

I'm sure some here will have knowledge.

I've unfortunately become all too aware of the struggle to use a wheelchair on "normal" pavement, with poor surfaces, slopes, overhanging hedges all adding to the fun that an everyday part of life for a wheelchair pusher. While there may be a technical responsibility it is clearly impossible to rectify most of this, so living with it is the only option.

But, what about where it amps up to 11?

There's a road near me we often have to use. There is only pavement on one side, and that is (a) Narrow (b) intruded into by mature trees and (c) cars parked that obstruct the already narrow gap. Here is the road in question, and this was what I had to negotiate yesterday, it may not be visually obvious there is quite a hump to get over  the tree roots





I will be writing to Newham, I wondered if there is any chapter and verse I could cite? (A large number of cars are parked overhanging the pavement, this is just one of the worst)

[rogerzilla]

Who.authorised that dropped kerb, given that only a 2 seater Smart car could possibly fit onto the driveway?

[Ham]

LB of Newham.

There are many, many dropped kerbs with cars hanging over the pavement. This one even has a sign saying "Do not park in front as it blocks my parking" or some such, I intend printing an additional note and sticking it on saying "As that will stop me blocking the pavement with my car"

[Kim]

Who.authorised that dropped kerb, given that only a 2 seater Smart car could possibly fit onto the driveway?

There's one on a road nearby that wouldn't even fit that.  If you go back in time on google streetview you eventually see handrails and a Class 3 mobility scooter, which makes sense.  But it seems that once such things are on the books they never expire.

[lissotriton]

The council will just use it as an excuse to cut down all of the trees...

[rogerzilla]

Yup, councils hate street trees, which is understandable given the state of their budgets.  They create an ongoing maintenance cost and an insurance liability.

[grams]

I suspect it may be easier for you to move house than get the council to do anything.

You could buy some cheap lurid lipstick and make your feelings known on the back window.

[ScumOfTheRoad]

Mrs Scum is a wheelchair user and tree roots like that are a menace.
For the car and the dropped pavement - contact your local council, specifically the Building Control Department.
Tell them that this is not compliant with the Equalities Act
(for info the Disability Discrimination Act is now the Equalities Act)

Make sure to CC in your local concillors.

[rogerzilla]

Or get a wheelchair with Ben-Hur wheel spinners.

[Kim]

Mrs Scum is a wheelchair user and tree roots like that are a menace.
For the car and the dropped pavement - contact your local council, specifically the Building Control Department.
Tell them that this is not compliant with the Equalities Act
(for info the Diability Discrimination Act is now the Equalities Act)

It's the Equality Act, and it carefully avoids being prescriptive about physical infrastructure (that's left to things like the Building Regulations), it's all about 'reasonableness'.  Crucially in this context, the Equality Act only comes into play when an actual person is disabled by that infrastructure, and it's their responsibility to enforce it through the civil courts (with the obvious results).

So unless they respond to Asking Nicely, you need a disabled person to threaten them with legal action.  You can't just point out that a thing isn't compliant with some standard and have a statutory body come along and enforce it.

[Ham]

There's a parking enforcement email address, so I've sent this to them

My wife is a wheelchair user, and Capel Road is a route we need to take frequently.

The section of road between the Golden Fleece pub and Tylney Road is particularly poor  for a wheelchair, as the single sided pavement (there is none on the other side of the road) is very narrow and particularly uneven, with frequent pinch points caused by mature trees, whose roots often add to the complication.

However, it appears that car owners with dropped kerbs feel they have an absolute right to block the pavement,  with their cars overhanging. While it seems to be established and allowed (?) procedure that has been going on for years, a driver at 124 Capel Road has now taken this to an absurd level, as shown in the pictures.

Surely Newham has a responsibility to the disabled, and should be able to prevent this extraordinarily selfish and car-centric behaviour, not blocking a pavement should be a condition of planning for a dropped kerb. Please could you tell me what Newham policy is in this regard. Thanks very much. 

[Regulator]

There's a parking enforcement email address, so I've sent this to them

My wife is a wheelchair user, and Capel Road is a route we need to take frequently.

The section of road between the Golden Fleece pub and Tylney Road is particularly poor  for a wheelchair, as the single sided pavement (there is none on the other side of the road) is very narrow and particularly uneven, with frequent pinch points caused by mature trees, whose roots often add to the complication.

However, it appears that car owners with dropped kerbs feel they have an absolute right to block the pavement,  with their cars overhanging. While it seems to be established and allowed (?) procedure that has been going on for years, a driver at 124 Capel Road has now taken this to an absurd level, as shown in the pictures.

Surely Newham has a responsibility to the disabled, and should be able to prevent this extraordinarily selfish and car-centric behaviour, not blocking a pavement should be a condition of planning for a dropped kerb. Please could you tell me what Newham policy is in this regard. Thanks very much. 

I'd copy that to the Highways team, as they are the onces responsible for agreeing dropped kerbs and parking related matters.  Whoever agreed that dropped kerb needs adjustment with a lump of clue by four.

https://www.newham.gov.uk/transport-streets/new-roads-pavements and https://www.newham.gov.uk/transport-streets/new-roads-pavements/6