Help required please

[mikeymack2002]

As a regular Cagger I often look for new legislation and points of law to assist any and all posters. With this in mind I have been looking for ways to assist disabled people of all types and the use of mobility scooters/wheelchairs/power chairs in a public/enclosed public spaces finally tower/office blocks that have lifts and the like.

 

 

Why would I do this? I myself am disabled and have often been shunned by Local Government and many more service providers. Today whilst drafting a formal letter of observation/s to my LA housing provider and their Arms length Management Organisation (ALMO) I came across this nice little piece of information. See here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441785/BR_PDF_AD_M1_2015.pdf

 

 

PDF attached in case the link gets broken. The reason for my enquiry is as follows.

 

 

1. Is this now legislation? see the section marked (Main changes in the 2015 edition) page 2

2. Can it be used to defend the banning of mobility aids?

3. Can it force any LA/others to adapt their properties under this (Act?) if it is already an Act

3a. (It does state it comes under the buildings Act 2010 (Amended 2015?))

4. What impact can this have on any type of "Premise" in the future?

5. What impact will/could this document have under Equality Act 2010?

 

 

This is a thread of interest for many disabled persons and I think worthy of discussion, why since there have been significant cuts in services for those that are disabled I feel it is time to fight back and get the full protection of the law....

 

 

As always your thoughts please.

 

 

Note to admin:

 

If you can find a home for this thread in the correct forum please feel free to move it for me please....

[obiter dictum]

As far as as i am aware mandatory disabled access and facilities are only instigated in new builds, not existing buildings

 

I am disabled through Arthritis in my Knees

 

The local housing authority found me a Ground floor flat that had a walk in shower and a hand rail at the front and back door

 

It does not take much alteration to an existing property to make life a little better. But that does depend on the level of a persons disability.

 

I myself am glad it was my knees and not my back

 

My own housing authoritity have been fantastic in their obligations

Edited October 11, 2015 by obiter dictum

[mikeymack2002]

Sorry in advance for the long read but it may be of use to do so.

[mikeymack2002]

But adaptions are a must.... I successfully fought for 4 brand new compliant lifts and won, this was for the benefit many other residents not just the disabled. Also you now have the six inch step rule to contend with.

[mikeymack2002]

Many LA's are great as is mine, but they do lack in some areas and I am hoping this new document can assist both the LA, Almo, and home providers of all types. With the new rules listed within it. Maybe it could/will make the life of those affected possibly much easier for them would you agree? There are many disabled persons living in Tower blocks (above ground floor) that are being penalised for having a scooter and I am looking for ways in which to help them get help by providing this information...

[obiter dictum]

I sit on the fence with scooters, I even refuse to use crutches, just a walking stick

 

Scooters tend to make peope lazy, people in my position such as arthritis need regualr exercise and not creature comforts

 

Scooters are there for a defined mobility impaired need, not a fashion accessory

 

No individual who is mobility impaired should be living in a tower block as that would make you a prisoner your own home. If the lift malfunctions, how will they will exit the building with an evacuation if the fire alarm is sounded?

[unclebulgaria67]

It is an interesting subject, as the laws that exist do not often make it easy for people to get help e.g reasonable adjustments. What is reasonable often becomes a financial cost question.

 

Door sizes in most UK homes do not make it easy for people who are disabled. Where i live, a chap had to move from his house which he owned, because his back condition made it impossible. I know he collapsed a few times down the stairs and had spells in hospital. I don't think it would be possible to adapt his house to allow him to live there. He has moved into a ground floor flat provided by the local authority and i don't think he will be able to return to his house.

 

Most of the shops in my local high street are subject to conservation area protection, so they cannot change the doors where needed to allow wheelchair access. At the local Spar shop the elderly in wheelchairs/scooters go to the front door, give the shop assistant a list to do the shopping for them and they complete the transaction on the pavement outside. Not very good when it is raining, but they don't generally go shopping in bad weather.

[mikeymack2002]

I sit on the fence with scooters, I even refuse to use crutches, just a walking stick

 

Scooters tend to make peope lazy, people in my position such as arthritis need regualr exercise and not creature comforts

 

Scooters are there for a defined mobility impaired need, not a fashion accessory

 

No individual who is mobility impaired should be living in a tower block as that would make you a prisoner your own home. If the lift malfunctions, how will they will exit the building with an evacuation if the fire alarm is sounded?

 

 

This was an issue for me but was finally resolved as I lived on the 9th floor, not funny when the lift broke down, as it did on numerous occasions' I now live on ground floor accommodation and now have so much more freedom, this is very nice for me. as far as scooters go the law says this.

 

 

6. Use by non-disabled people[1]

If you are/ aren’t disabled, you can only drive a mobility scooter or powered wheelchair if you’re:

 

• demonstrating the vehicle before it’s sold
  
• training a disabled user
  
• taking the vehicle to or from maintenance or repair
  

 

[1] Mobility scooters and powered wheelchairs: the rules - GOV.UK Accessed 11/10/2015

[mikeymack2002]

UB: you make a very good point with your post, this is a reason for this thread, segregation of a disabled person by shops transport and other means is wrong and adaptions MUST be made under the EA 2010..

[obiter dictum]

The Regualtions also state that Scooters have a 4mph max speed.

 

Modern scooters can travel at 8mph and the regulations ignored on our pavements

 

Mobility scooters are there for a defined need and individual freedom for people who are mobility impaired. Yet you only have to look at shops and companies selling these scooters now which have exploded in popularity

Edited October 11, 2015 by obiter dictum

[mikeymack2002]

The Regualtions also state that Scooters have a 4mph max speed.

 

Modern scooters can travel at 8mph and the regulations ignored on our pavements

 

Mobility scooters are there for a defined need and individual freedom for people who are mobility impaired. Yet you only have to look at shops and companies selling these scooters now which have exploded in popularity

 

 

There are 2 types of scooters class 2 (max 4mph and class 3 8mph) the latter requires to be registered with the DVLA and a tax disc obtained (registered now) the former requires no such registration or tax. Looks like I have touched a sore subject with you OB it was not my intention to do so. further information regarding mobility scooters and the law can be found here. This will clarify misconceptions' regarding scooters.

 

https://www.gov.uk/mobility-scooters-and-powered-wheelchairs-rules/overview

[obiter dictum]

Being disabled myself and seeing people abusing these scooters is a sore point with me.

I have to use a stick through my own choice and being in considerable pain but people on these scooters in our town centre expect you to jump out of the way for them. That includes very young children.

 

Having an individual tear down the pavement at 8 mph is simply not on, especially kids and dogs etc running out onto the pavement

 

The majority of scooter owners are considerate and respect pedestrians but at the end of the day pavements are there for pedestrians, not motorised vehicles

 

You do not abuse a privilege or a statutory right

Edited October 11, 2015 by obiter dictum

[mikeymack2002]

This could be a topic for a new thread one I am happy to start if required? I do agree with you, I often get the nice comment "thank you for being considerate", if I call out say "I am coming up behind you"

 

 

Either way the scooter has a right to be on the pavement, but at the correct speed with consideration as to the flow and volume of other users....

[unclebulgaria67]

This could be a topic for a new thread one I am happy to start if required? I do agree with you, I often get the nice comment "thank you for being considerate", if I call out say "I am coming up behind you"

 

 

Either way the scooter has a right to be on the pavement, but at the correct speed with consideration as to the flow and volume of other users....

 

In a local town centre, i regularly see men and women speeding on their scooters as if they were in a race. it is great that they have this mobility, but they should have consideration for other people. I should imagine that there have been accidents involving small children they have not seen.

[mikeymack2002]

UB this is one of my bugbears you can be prosecuted under a very old law see here This offence is created by section 35 of the Offences against the Person Act 1861 (drivers of carriages injuring persons by furious driving):

 

 

Link here http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/35

[citizenB]

Thread relocated in "Special Needs, Disability, etc.

[mikeymack2002]

Thank you citizenB There seems so many places on CAG to find a home for a thread after all this time I am still amazed at what I find ..

[citizenB]

Thank you citizenB There seems so many places on CAG to find a home for a thread after all this time I am still amazed at what I find ..

 

 

You and me both, mikeymack