Inclusive Public Space Project
1. Who this Guide is for
This guide is for you if you are a pedestrian with disabilities who has been affected by a problem walking or wheeling around city streets. It aims to help inform your thinking about possible ways of taking action to tackle the problem or get compensation for damage it caused. This is only a summary, but the full version includes contact details and links to other useful sources of guidance etc for each of these types of action. If you are thinking about suing somebody, it is important that you seek professional advice.
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. We internalise the problem, which can trigger feelings of helplessness, dependence and isolation. Thinking of the problem as something external to us β about how streets are designed, managed and used β is more empowering. It locates the problem in how things are done and, because they can be done differently, it makes change a possibility. This is a way of thinking prompted by an idea called the βsocial model of disability.β
2.2 Getting and Keeping Evidence to Prove the Problem Exists
- Make a note of the address of where the problem is.
- If possible, take a photo or video of the problem.
- If relevant, take the name and contact details of witnesses who saw you struggling with the problem.
2.3 Getting and Keeping Evidence of the Impact of the Problem
Make a note of how the problem affected you β eg:
- any physical harm you suffered, with doctorβs note where possible;
- any psychological/emotional harm you suffered, with doctorβs note where possible;
- how the problem affected your plans and activities on the day and, where relevant, longer term;
- Date or dates of the harms and limitations the problem has caused you.
2.4 Identifying Who is Responsible for Causing the Problem
Think about responsibility broadly β not just about strict legal responsibility. The purpose is to identify people and organisations who might be relevant to follow-up actions you want to take. Useful questions to help with this are:
- Who could have done something that would have stopped the problem happening or made it less serious?
- Who could do something differently which would remove the problem or make it less serious?
- You are likely to come up with more than one person or organisation.
2.5 Deciding How Much You Want to Put in and What you Want to Get Out of Taking Action
What do you want to achieve? How much of your time, energy and money do you want to put in?
3. Types of Follow-Up Action
3.1 Reporting the Problem to Somebody who can Remove it or Stop it Happening Again
Depending on what the problem is, consider reporting it to:
- The person in your neighbourhood causing the problem. Consider asking a friend or other supporter to accompany you, or even do this on your behalf, if you do not know the person causing the problem and are worried about how they might react.
- Your municipal government β eg via online complaint mechanisms in Utrecht and Almere.
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 (national and/or local) working to address problems of the relevant type; and/or
-persuading an organisation you are already involved with (eg a community or church group) to work on the issue.
3.3 Raising Public Awareness
You might think about doing this in different ways, eg, mainstream media; local newspapers, radio or television; and social media such as Blue Sky or Facebook.
3.4 Seeking the Help of People Elected to Public Office
Consider contacting somebody elected to represent you at local level (eg municipal government) and/or national level (eg Parliament)
3.5 Letting the Police Know About the Problem
If you think the problem amounts to a crime, report it to the police.
3.6 Bringing a Case for discrimination
Some inaccessible situations may feel like discrimination. If you are interested in bringing a case for disability discrimination, it is worth seeking legal advice. Useful starting-points, and sources of free advice, are the websites Discriminatie.nl and Gratis juridisch advies – Het Juridisch Loket. You can also report discrimination to the Netherlands Institute for Human Rights or call the national discrimination helpline.
3.7 Bringing a Case for Tort under the Civil Code
If you have been injured or suffered some kind of economic loss because of somebodyβs lack of care, you might consider bringing an action under the Civil Code. To find out whether this is a possibility, you should seek legal advice β eg from the Juridisch Loket.