🇬🇧📕👩‍🦽‍➡️ UK Guide for Disabled and Other Pedestrians Affected by Problems with City Streets

Inclusive Public Space Project

1. Who this Guide is for

This guide is for you if you are a disabled or other pedestrian who has been affected by a problem when walking or wheeling in city streets. Examples of common causes of such problems in the UK are:

  • Accessibility problems caused by temporary roadworks;
  • Uneven surfaces, potholes etc;
  • Obstacles on pavements, such as cars, café furniture, signs or bins;
  • The removal of kerbs and the lack of accessible dropped kerbs;
  • Bus stop by-passes;
  • Lack of clear workable controlled crossings; 
  • Inadequate separation from cyclists, e-scooters etc
  • Trees and bushes growing out over pavements;
  • Poor signage or lighting.

If you have come across a problem like this and want to do something about it, this guide aims to inform your thinking about what possible actions you could take and how you could go about it. It also includes contact details for people or organisations who might be able to help you and links to sources of further information.

Please note – this guide is not legal advice. If you are thinking about suing somebody, it is important that you seek professional advice first.

2. The Problem and What you Want to Get Out of Follow-Up Action

2.1 Identifying the Cause of the Problem

When streets are difficult to use, we often assume this is because of something about us – our inability to see, hear, think or move in the same way as other pedestrians. This might be because we are a disabled or an older person, or because we are walking or wheeling with a young child, a pushchair or even a large suitcase. In other words, we internalise the problem. Believing the problem is caused by something about us that we can’t change makes us feel we can’t do anything about it, except stay inside or perhaps try to go by car or with somebody else next time. This can trigger feelings of helplessness, dependence and isolation.

Instead of internalising the problem though, it is helpful to think about whether there is an external cause. In other words, it is helpful to consider whether the problem has been caused by something to do with how the street has been designed, managed, maintained or used – something which could be changed or improved. 

This approach is in line with the ‘social model of disability’. The social model is an idea developed by a disabled people’s organisation called the Union of Physically Impaired Against Segregation in 1976. The social model has often been called the ‘big idea’ of the disabled people’s movement because of its influence over disability politics. It challenges an ‘individual model’ of disability, which locates the source of disablement within individuals who have (or who are thought to have) an ‘impairment’. An impairment is a level of functioning less than those which have become regarded as ‘normal’ – for example, limited sight, hearing, mobility, memory or cognition. The social model instead locates the source of disablement in societal factors outside the individual. So, on this view, ‘disability’ means the disadvantage or oppression that is created by society, and which can therefore be challenged and changed.

2.2 Getting and Keeping Evidence to Prove the Problem Exists

Having a detailed record of the problem will be helpful to most types of follow-up action. So, it is important to make a note of exactly where the problem is. An address will usually be enough. If the problem is physically small, like a pothole, it can also be useful to use an app like ‘What Three Words’ to get a more precise location. 

It is also a good idea to take a photo or video of the problem. And, if somebody has seen you fall or injure yourself because of the problem, it might be helpful to ask if they would be willing to be a witness and tell others what they saw. If they are, remember to ask for their name and phone number.

More detailed guidance on how to gather evidence about problems (for disability discrimination claims) is provided by an organisation called Reasonable Access – see https://www.reasonableaccess.org.uk/resources/evidence-gathering/

2.3 Getting and Keeping Evidence of the Impact of the Problem

It is also useful to make a note of how the problem has affected you. Things to think about and note are:

  • The nature of any injury you suffered because of the problem. If you had to see a doctor, ask them for a note documenting the injury.
  • How any injury you suffered has affected you. For example, has it stopped you working, doing something else, or getting to where you wanted to be?
  • Even if you weren’t injured, did the problem affect you in some way? For example, did it make you late for something important to you, stop you going somewhere you wanted to go, or force you to go a different and longer way around?
  • How did the problem make you feel? For example, did it make you feel frightened, stressed or nervous about leaving the house and getting about on your own?
  • What was the date when you ran into the problem? Have some of the effects of the problem on you been longer-term? If so, note when they started and when they finished or if they are still ongoing.

Keeping this sort of record is important if you decide to bring a case against somebody. It is also helpful if you decide on other types of follow-up action, such as reporting the problem to your local authority, or campaigning for problems like this to be removed.

2.4 Identifying Who is Responsible for Causing the Problem

If somebody is ‘legally responsible’ for a harm, it means they can either be sued for it in a civil case or prosecuted for it in a criminal case. There are strict rules for deciding whether somebody is legally responsible.

At this stage, it is helpful to think about responsibility more broadly than just focusing on ‘legal responsibility’. This is because you may want to take follow-up actions that do not involve going to court. Another way of phrasing this question is who could have done something that would have stopped the problem happening or made it less likely? Or who could do something about it now?

More than one person or organisation will often have some responsibility for the problem. For example, if a car parked on the pavement is blocking your way, the driver of that car has some responsibility. If it was against the law to park there, the local council or police might also have some responsibility – for example, for not doing enough to let people know about the relevant law, or for not enforcing it strongly enough. If it wasn’t illegal to park there, then perhaps questions could be asked about whether central or local government could have done more to make it illegal.

2.5 Deciding How Much You Want to Put in and What you Want to Get Out of Taking Action

Take some time to think about what you want to achieve. For example, do you want financial compensation for an injury or some other harm? Do you want the particular problem to be removed so you won’t come across it again? Do you want to stop that kind of problem happening anywhere else, so you and other people won’t run into it anywhere else in your town or perhaps in other towns too?

Your thoughts about what you want to get out of taking action are likely to be influenced by how much you would need to put in to making them happen. So extra questions to think about are:

  • How much time do you want to put in?
  • Do you want to work on your own or would you prefer to work with other people?
  • Would you like to meet and work with other people who have been affected by the same sort of problem? 
  • Are you willing to spend some money or take the risk of losing some money? This is important to think about before deciding to sue somebody, and one of the reasons why it is important to get legal advice before going to court.

3. Types of Follow-Up Action 

3.1 Reporting the Problem to Somebody who can Remove it or Stop it Happening Again

If the problem is caused by somebody who lives or works in your neighbourhood, consider letting them know about the problem and its impact on you. If you do not know them well, and are worried about how they might react, it is sensible to ask a friend, neighbour or other person to come with you. They might help explain the problem and advocate for you, or just be there to support you and give you confidence. Or, depending on the situation, you might prefer to ask them to speak to the person causing the problem without you being there at all. 

If the problem is in a public space (eg a pavement), it is always worth raising the issue with your local council. You can identify your local council using this link: https://www.gov.uk/find-local-council

There will probably be various ways of reporting problems. For example, on the Leeds City Council website at: https://www.leeds.gov.uk

the following can be reported: 

And, on the Glasgow City Council website, the following problems can be reported:

3.2 Working with Others to Take Collective Action 

Is the problem something you want to work with others to change? If so, consider contacting and joining one or more organisations working to address problems of the relevant type. Different types of organisations are likely to be working on the issue – at national or local level. Examples of types are:

  • Access organisations;
  • Disabled People’s Organisations;
  • Older people’s organisations;
  • Parents’ organisations;
  • Pedestrian or walking organisations; 
  • Local community or neighbourhood groups.

3.3 Raising Public Awareness

Mainstream Media:

  • Local newspapers
  • Local radio
  • Local television

Social Media:

  • Blue Sky
  • Facebook Groups

3.4 Seeking the Help of People Elected to Public Office

You can also take action by seeking help from somebody whose role it is to represent you in their elected office.

At the local level, you can write to your local councillor or speak to them at one of their regular surgeries. Details of how to find out who they are and how to contact them are at: https://www.gov.uk/find-your-local-councillors

At the national level, you can contact your Member of the Westminster Parliament. Online details of how to find out how to contact them are at: https://members.parliament.uk/members/Commons

Or you could ring the House of Commons Enquiry Service on 020 7219 4272. Callers with a text phone can talk through Text Relay by calling 18001 followed by 020 7219 4272.

In Scotland, you can find your Member of Scottish Parliament by entering your postcode on The Scottish Parliament website at: https://www.parliament.scot/msps/current-and-previous-msps

or by phone on 0800 092 7500; 

or using British Sign Language (BSL) through the BSL video relay service on the Contact Scotland BSL website at: https://contactscotland-bsl.org

In Wales, you can find your Members of the Senedd by entering your postcode on the Welsh Parliament website at: https://senedd.wales/find-a-member-of-the-senedd

Or by phone on 0300 200 6565; 

Or by using Relay UK at https://www.relayuk.bt.com

3.5 Letting the Police Know About the Problem

If you think the problem in question amounts to a crime, you can contact the police to report it. Unless there is a real emergency, you should dial 101. The Police UK website provides more information on what to report and how to report it: https://www.police.uk/pu/contact-the-police/what-and-how-to-report

3.6 Bringing a Case for Disability Discrimination

If you think you might have a case for disability discrimination under the Equality Act 2010 (which applies to England, Scotland and Wales), it is worth seeking legal advice. The Act is complex and bringing a case, particularly without a lawyer, can be very demanding. It can also be expensive, although it doesn’t have to be.

Working out where to go for legal advice can be daunting. The Citizens Advice Bureau is a good source of free advice. In England, details are at: https://www.citizensadvice.org.uk

In Scotland, details are at: https://www.citizensadvice.org.uk/scotland

And in Wales, details are at: https://www.citizensadvice.org.uk/wales

There is a House of Commons Library briefing paper which provides information about sources of legal help and advice, and how to pay for it, including: Finding legal help; Self-representation; Legal aid; Pro bono legal help; Other ways of finding legal advice, including organisations which provide help and advice in connection with specific legal issues. It is at: https://researchbriefings.files.parliament.uk/documents/SN03207/SN03207.pdf

The Law Centres Network defends the legal rights of people who cannot afford a lawyer. It includes a searchable directory. It is at: lawcentres.org.uk

MyGov.Scot provides a list of legal advice organisations in Scotland at: https://www.mygov.scot/legal-advice

For disabled people, the Disability Justice Project provides resources to help find legal support and guidance at: https://www.disabilityjustice.org.uk/where-to-find-legal-advice/

The Disability Law Service provides specialist legal advice for disabled people, their families and carers on various issues including disability discrimination at: http://dls.org.uk/

By Telephone at: 020 7791 9800.

Specific advice on equality and human rights matters is freely available from the Equality Advisory & Support Service at: https://www.equalityadvisoryservice.com/app/home

It provides a helpline, advice and assistance which can be reached by phone –

Helpline: 0808 800 0082; 

Textphone: 18001 0808 800 0084.

It also makes various template complaint letters available on its website, which you could adapt for your own particular case.

Reasonable Access is a disabled people’s organisation that aims to empower other disabled people in the UK to assert and enforce their right to access through peer assistance and information. On its website, there is a range of very helpful guidance, including on how to make a complaint about disability discrimination: https://www.reasonableaccess.org.uk/resources/complaining-about-disability-discrimination/

The Disability Justice Project 

https://www.disabilityjustice.org.uk/ is run by Inclusion London; it supports London Deaf and Disabled People’s Organisations to use the law to help Deaf/Disabled people make their rights to independent living and access to goods and services a reality. On its website at: https://www.disabilityjustice.org.uk/learn-more-and-take-action/

there are interactive themes, which provide information about your rights, what to do when things go wrong, and template letters – one of which is ‘physical barriers’: https://www.disabilityjustice.org.uk/take-action/physical-barriers/

If you choose to bring a case without legal representation, make sure you are fully aware of the risks and costs before going ahead. Doug Paulley has written a helpful Guide to help Disabled People Sue Service Providers for Disability Discrimination, as Unrepresented Litigants in Person in England. This is called DART – the Disability Attitude Readjustment Tool) and available at: https://www.kingqueen.org.uk/dart/

3.7 Bringing a Case for Negligence/Delict or a Related Type of Legal Wrong

If you have been injured or suffered some kind of economic loss because of somebody’s lack of care, you might consider bringing an action for what is called ‘negligence’ in England Wales and ‘delict’ in Scotland. To find out whether this is a possibility, you should seek legal advice. The sources of legal advice mentioned at the beginning of Section 3.6 above are good starting points for this type of claim, as well as for discrimination claims.

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