Council to amend cycle barriers following indirect discrimination claim

Newcastle City Council has agreed to amend a set of cycle barriers after receiving a letter before claim from a disabled cyclist who said the design constituted indirect discrimination as it blocked his access to the cycle path.

Alastair Fulcher, who lives with Parkinson's disease, which affects his balance, core strength and ability to walk, was prevented from accessing the cycle path because of the barrier design.

He could not manoeuvre his recumbent tricycle, which is a two-metre cycle widely used by disabled people, through the barriers.

In his letter before claim he argued that the installation of the barriers put the council in breach of the European Convention on Human Rights (ECHR) and Human Rights Act 1998, the Equality Act 2010 and planning guidance of local authorities.

He also claimed that, among other things, as he had been put at a disadvantage by the barriers, indirect discrimination had taken place in relation to his protected characteristic of disability.

The city council and Urban Green Newcastle, which installed the barriers, argued that the cycle path was attracting motorcycles and that the barriers were intended to deter them.

However, the council has now agreed to modify the barriers in consultation with Fulcher and following a review by accessibility specialists.

Alaistair Fulcher said: "I have mixed feelings about agreeing to an out-of-court settlement, I have a nagging suspicion that local authorities will not improve their behaviour around this issue until such time one of them is taken to court and loses with the award of a substantial cash settlement."

Commenting on the case, a spokesperson for the disabled people's cycling organisation Wheels for Wellbeing added that it hopes councils across the UK "will begin to recognise that barriers which prevent legitimate users from accessing public spaces and public rights of way are unlawful".

Ryan Bradshaw of Leigh Day Solicitors, who represented Fulcher, said: "I am delighted that Alastair has achieved his aim of getting the barriers removed and highlighting the indirect discrimination that was caused.

"Institutions responsible for transport infrastructure need to do more to ensure that the rights of disabled people are respected and that planning decisions are not made without fully consulting with members of the disabled community. I hope that Alastair's example will inspire others to take action where they feel discrimination has occurred."

In a joint statement, Urban Green Newcastle and Newcastle City Council said: “We would like to thank Mr Fulcher for bringing this issue to our attention and agreeing to work with us to find a solution that works for everyone.

“Following a meeting onsite with Mr Fulcher, Sustrans, and Northumbria Police, it is clear that the recent resurfacing works on the National Cycle Network has inadvertently created an access problem due to the location of a newly installed barrier. We have agreed to relocate the barrier on the east side of the path and consult with Mr Fulcher during the process. 

“The barriers in Walker Riverside Park have been in place for a number of years to curb persistent antisocial behaviour along this section of the National Cycle Network. Working with Mr Fulcher, we look forward to improving accessibility in the park and along the popular Coast to Coast route.”

Adam Carey