Inclusive Public Space Project

1. How This Guide Has Come About and Who it is For

This guide is based on the information given to us, in 2020-2021, by people who took part in our research project in the UK. We interviewed 83 pedestrians – 50 in Leeds and 33 in Glasgow. Of these, 80% identified as disabled people. Many were also older people. Several of our participants were parents of young children who navigated streets with pushchairs or buggies. We also interviewed 23 legal, policy and activist stakeholders working across the UK.

Many of the points made in this guide are illustrated by films and audio-stories. These have all been made by our pedestrian participants or with their help and guidance. We are enormously grateful to all our participants for their time, experience and insight.

This guide is for any member of the public who wants to make sure they do not accidentally create obstacles or dangers for disabled and other pedestrians. It is therefore, we trust, aimed at all of us!

It highlights things we can all do to remove or reduce problems – problems that made getting around very difficult or dangerous for our participants. Thousands of other people in other towns and cities are likely to be affected by the same types of problem.

The perspective we take is rooted in what is known as the ‘social model of disability’. This locates the problem, not in the physical, cognitive, sensory or other functional limitations of an individual, but in the way streets are designed, managed or used. Solutions therefore lie in changing how those streets are designed and used. We can all be part of that solution.

Many of the suggestions below reflect legal obligations. Although we refer to relevant laws, this guide is not a comprehensive account of the relevant law. And it is not limited to legal obligations. It includes some suggestions which go beyond the law. References to relevant law are included for anybody who would like to follow up and find out more.

2. The Guide: What We Can Do to Help Make Pedestrian Spaces More Inclusive

2.1 When We’re at Home or Work

Make sure no trees or bushes stick out from our property over or onto the pavement. Head-height or thorny obstructions are particularly dangerous for adults and children, especially those with visual or mobility impairments.
Avoid creating trip hazards across the pavement – eg charging cables for electric cars.
Position bins in places that allow pedestrians (including wheelchair-users) to pass through without having to go onto the road. Ideally, bins should not be on pavements at all. Moving on and off pavements is not safe or possible for many disabled people. Where geography makes it difficult to find suitable places for bins, consider reaching out to a local residents’ group and/or the local authority for help in agreeing an appropriate bin collection and drop-off point. This might be somewhere that can be used by neighbours with similar space problems.
For those of us who have cars, ensure that there is somewhere to park which is not on a pavement and which does not block dropped kerbs (or other key access points to pavements) for people with mobility impairments or parents/carers with pushchairs, buggies etc.
Try to keep the pavements running alongside our properties clear of leaves and snow.
Report any faults or hazards in the pavements near where we live or work to local councils so that they are aware of the need for repair.

Our Legal Obligations

Occupier’s Liability

The Occupiers Liability Act 1957 and the Occupiers Liability Act 1984 impose a duty of care on occupiers toward both lawful visitors and trespassers. Under the two Acts, a duty of care is imposed on a person who occupies premises. The duty owed to a lawful visitor is higher than the duty owed to a trespasser.

An occupier is someone who has a sufficient degree of control or “occupational control” over the premises.

The term “premises” has been interpreted broadly by the courts to include, for example, scaffolding and ladders. So, for example, if an occupier leaves a ladder on a pavement and a pedestrian trips over it, the occupier might be liable under either Act if the danger arose from the state of the premises.

The Occupier’s Liability Act 1957 is at: https://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents

The Occupier’s Liability Act 1984 is at: https://www.legislation.gov.uk/ukpga/1984/3/contents

Negligence/Delict

Homeowners, tenants and occupiers may also owe a duty of care to pedestrians under the law of what is termed ‘negligence’ in England and Wales and ‘delict’ in Scotland. They will be liable for injury or harm caused to a pedestrian if:

They owe a duty of care to the pedestrian;
They breached that duty; and
There is a causal link between the injury or harm suffered by the pedestrian and their breach of duty.

Negligence/delict can be summed up as a general duty not to cause injury or harm because of careless or negligent behaviour. As such, liability can be avoided where people act as a reasonable, prudent person would have done in similar circumstances.

Bye-laws

In relation to wheelie bins, local councils have the power to issue Public Spaces Protection Orders (PSPOs), which ban certain types of behaviour in a specific area. In Leeds, for example, there are PSPOs that require residents to clear wheelie bins from the roads and pavements outside of specified hours in Armley, Harehills and North West Leeds. These can be seen at:

https://www.leeds.gov.uk/antisocial-behaviour-and-crime/public-spaces-protection-orders

2.2 When We’re Driving

Ensure we comply with The Highway Code, including stopping to let pedestrians cross roads.
Avoid parking on pavements.
Avoid parking so as to block dropped kerbs or pedestrian crossings.
Ensure that, when parking, there is nothing sticking out from our vehicles across the pavement. Such obstructions are dangerous – particularly for people with visual impairments who will not see them, and for people with mobility impairments who will struggle to get around them.
When parking, check for passing pedestrians before opening doors onto the pavement. Giving such pedestrians plenty of space – people with visual, balance, mobility or cognitive impairments (which will not always be obvious) may need more time than average to take avoiding action.

Our Legal Obligations

Relevant parts of The Highway Code

The Highway Code is not a legal document in itself. It is a code of good practice. While the direct prohibitions in it are backed up by law, a failure to comply with other parts of The Highway Code can also be used to establish liability in a civil claim, eg for negligence/delict.

Rule 192 recommends that in slow-moving and queuing traffic, drivers keep crossings completely clear, as blocking these makes it difficult and dangerous for pedestrians to cross.

For zebra and parallel crossings, The Highway Code requires that drivers must give way when a pedestrian has moved on to a crossing (Rule 195; Traffic Signs Regulations and General Directions 2016, schedule 14, part 5). It also recommends that drivers look out for pedestrians waiting to cross and be ready to slow down or stop to let them cross (Rule 195).

For signal-controlled pelican crossings, drivers are required to stop when the red light shows and, when the amber light is flashing, to give way to any pedestrians on the crossing. (Rule 196; Traffic Signs Regulations and General Directions 2016, regulation 14; Road Traffic Regulation Act 1984, section 25).

The Highway Code prohibits parking on a crossing or in the area covered by the zig-zag lines (Rule 191; Road Traffic Regulation Act 1984, section 25(5); Traffic Signs Regulations and General Directions 2016, schedule 14 parts 1 and 5).

The Highway Code prohibits parking in a dangerous position or where it causes any unnecessary obstruction of the road (Rule 242; Road Traffic Act 1988, section 22; Road Vehicles (Construction and Use) Regulations 1986, regulation103).

The Highway Code prohibits driving on or over a pavement or footpath except to gain lawful access to property, or in the case of an emergency (Rule 145; Highway Act 1835, section 72; Road Traffic Act 1988, section 34; Roads (Scotland) Act 1984, section 129).

Rules 204 to 225 of The Highway Code lay out the rules for interactions with road users most at risk from road traffic, including pedestrians, particularly children, older adults and disabled people. It notes that in any interaction between road users, those who can cause the greatest harm have the greatest responsibility to reduce the danger or threat they pose to others.

Bye-laws and Devolved Legislation

Pavement parking is prohibited in London (see Greater London Council (General Powers) Act 1974). In England and Wales, parking on the pavement is not prohibited at a national level, but local councils can issue a Traffic Regulation Order (TRO) to prohibit parking on the pavement. If this is the case, there should be signs/markings that clearly show where pavement parking is prohibited. Once parking on the pavement is prohibited in a particular area, Civil Enforcement Officers are then able to enforce the restriction by issuing a Penalty Charge Notice. See https://www.westyorkshire.police.uk/ask-the-police/question/Q387

Even if not prohibited, parking a vehicle on the pavement could be an offence if it causes an obstruction – see the Road Traffic Act 1988, section 22; Road Vehicles (Construction and Use) Regulations 1986, regulation 103.

In Scotland, parking on pavements was prohibited by the Transport (Scotland) Act 2019. Once this Act is fully implemented, it will be illegal to park on a pavement. Parking on a pavement is defined as a stationary vehicle with one or more of its wheels on any part of the pavement (see Transport (Scotland) Act 2019, section 50(1)-(4)). It will also be illegal to double-park – which means parking more than 50 centimetres from the edge of a carriageway (see Transport (Scotland) Act 2019, section 54). There are a number of exceptions. These include where the motor vehicle is being used for eg police or ambulance purposes, or in connection with road works, to remove a traffic obstruction, or for postal services (see Transport (Scotland) Act 2019, section 55(2)-(3)).

Negligence/Delict

Besides the requirements set out in The Highway Code, motorists and road users owe a common law duty of care to other road users, including pedestrians. Liability in negligence/delict could arise where a driver’s actions cause injury or harm to a pedestrian.

2.3 When We’re Cycling

Ensure we comply with The Highway Code.
Avoid cycling on pavements – if we need to use a pavement, and are able to walk, we should dismount and push the bike whilst on the pavement.
When in a cycle lane, being alert to pedestrians who might need to cross, particularly if they have a white cane, a guide dog or a mobility device.
Slow down and stop to let pedestrians cross.
Be aware, when we come across pedestrians walking or wheeling in a cycle lane, that it is the last place they might want to be. Cycle lane markings which might seem clear to most people may not be detectable to people with visual or cognitive impairments; and some people with mobility impairments may be forced onto the cycle lane because there is no access to (or exit from) a pavement – eg because dropped kerbs are blocked, broken or absent. So, we should try to be considerate and helpful to pedestrians in the cycle lane without making the situation any more stressful for them.
When cycling in a space that is shared with pedestrians, always being mindful of them. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, we should dismount and push our bikes instead of riding them.
Make sure our bikes have a working bell, so that we can alert pedestrians (politely) of our presence.

Our Legal Obligations

Highway Code

The Highway Code makes it unlawful to cycle on pavements (Rule 64; Highway Act 1835, section 72; Roads (Scotland) Act 1984, section 129);

it sets out recommended behaviour when cyclists share spaces with pedestrians, noting that some pedestrians may have hearing or visual impairments and that this may not be obvious (Rule 63).

Under the Road Traffic Act 1988, sections 28-30, it is an offence to ride recklessly on a road or in a dangerous, careless or inconsiderate manner, or while under the influence of drink or drugs.

Negligence/Delict

Liability in negligence/delict could arise where a cyclist causes injury or harm to a pedestrian. Cyclists owe a duty of care to pedestrians. The case of Brushett v Hazeldean, where a pedestrian looking at her phone whilst on a pedestrian crossing was hit by a cyclist, attracted a good amount of media attention. Although both parties were found to be equally to blame for the incident, pedestrians who are already on the road must be given way to, even where a motorist or cyclist has the right of way – see: https://metro.co.uk/2019/06/18/cyclist-ordered-pay-compensation-woman-stepped-front-looking-phone-9996411/

As this case shows, courts have been willing to prioritise pedestrians over other road users, even when the pedestrians are partly to blame. This notion has been referred to as “causative potency” – that is, the potential damage that one road user could cause to the other. Thus, the road user with a greater potential to cause damage often bears a greater burden before the courts in terms of determining liability.

2.4. When We’re Using Scooters or Other Micro-Mobility Devices

Ensure we comply with The Highway Code and all relevant laws and guidance, including not going onto public roads or pavements with a privately owned scooter.
Never riding scooters on pavements, even if it is technically lawful to do so. Dismounting and pushing scooters when on pavements.
When in spaces that are shared with pedestrians, always being mindful of pedestrians. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, dismounting and pushing scooters instead of riding them.

Our Legal Obligations

The Highway Code

Under The Highway Code, users of powered wheelchairs and mobility scooters are permitted to use pavements when available, but should give pedestrians priority and show consideration for other pavement users, particularly those with a hearing or visual impairment (Rule 38).

The Highway Code also prohibits users of powered wheelchairs and scooters from travelling faster than 4 mph (6 km/h) on pavements or in pedestrian areas. (Rule 39; Use of Invalid Carriages on Highways Regulations 1988, regulation 4).

These sections of The Highway Code do not extend to e-scooters and other forms of micro-mobility. E-scooters are classed as motor vehicles under the Road Traffic Act 1988, which means their use on pavements is prohibited and the rules that apply to motor vehicles also apply to e-scooters including the need to have a licence, insurance and tax. It is against the law to ride privately owned e-scooters in any public place in the UK, including on roads and pavements. The Department for Transport has provided an overview of the law applicable to e-scooters and how they can be used at: https://www.gov.uk/government/publications/powered-transporters/information-sheet-guidance-on-powered-transporters

Negligence/Delict

As mentioned above, all road users, including pedestrians, owe a duty of care to each other. Using an e-scooter in a negligent or unsafe manner, such as riding on the pavement at speed, could give rise to civil or even criminal liability. A 14-year-old boy was recently found criminally liable for causing the death of a 71-year-old woman after colliding with her while riding a private e-scooter on the pavement – see: https://www.theguardian.com/uk-news/2023/mar/08/boy-sentenced-for-causing-death-after-crashing-into-woman-with-e-scooter

2.5 When We’re a Pedestrian

Be alert to the possibility that other pedestrians may be disabled people and that their impairments may not be apparent. Anticipating where there are narrow gaps and giving them time and space to navigate through.
Keep any phone calls whilst on the move short and stopping in an out-of-the-way place for longer calls – to avoid walking whilst being distracted from what is going on around us.
At controlled crossings, being aware that people with visual impairments and people who are Deaf-Blind might need to locate the control box so they can feel the spinning cone underneath it.
Being aware that the spinning cones on crossing boxes do not always work. If a disabled person has been trying to cross a road for some time, ask if they’d like any assistance. If they say no, trust their judgement and let them be. If they say yes, let them explain how they would like to be helped – eg being told when it’s OK to cross, taking an arm etc.
Not dropping litter – it might become slippery or a trip hazard.

Our Legal Obligations

Negligence/Delict

Pedestrians owe a duty of care to other road users, including other pedestrians. Although courts have been willing to prioritise pedestrians over other road users, this does not mean a pedestrian will be shielded from liability where their careless or negligent behaviour causes injury or harm to another road user.

Moreover, pedestrians are not exempt from the rules contained in The Highway Code. Rules 1-35 set out the recommended behaviour for pedestrians.

2.6. When We’re Running a Business

Not putting advertisement or other boards/signs on the pavement where they will restrict pedestrian space or where pedestrians (eg those with visual impairments) might bump into them.
Not attaching to buildings which adjoin pavements anything that sticks out and might cause an injury to a pedestrian – eg a visually impaired person who is following the building line with a long cane; or a person with a mobility impairment who is left with too little space to get round.
When placing cafe furniture etc outdoors, ensuring that it is within some kind of surrounding border fence which extends to floor-level so that it can be detected by people with visual impairments using long canes.
Keep pavements outside the business premises clean.

Our Legal Obligations

Negligence/Delict and Occupier’s liability

Businesses owe a duty of care to their customers and others in their vicinity and could be held liable if their actions cause injury or harm to pedestrians.

The Occupier’s Liability Acts apply to business owners just as they do to residential occupiers. And the rules of negligence/delict, described above, also apply.

Bye-laws

Section 137 of The Highways Act 1980, which applies to England and Wales only, prohibits the obstruction of footways, footpaths and pavements. The corresponding provision in Scotland is Section 129(2) of the Roads (Scotland) Act 1984. Examples of obstructions that have risen to the level of a statutory offence for the purposes of Section 137 of The Highways Act include the placing of a mobile food cabinet (measuring 6.7 feet long by 3 feet wide) and an advertisement board in a pedestrianised street (Westminster City Council v Alladin Ltd [1996] CLY 5123); the placing of a trailer from which vegetables were sold but which took up half the width of the footpath (Hertfordshire City Council v Bolden [1987] CLY 3779); and the regular blocking of the footpath with shopping trolleys (Devon City Council v Gateway Foodmarkets Ltd [1991] CLY 3148). Unlike Section 137, there is little case law on the scope of Section 129(2) of the Roads (Scotland) Act.