We don't know whether the most recent response to this request contains information or not – if you are Simon Willis please sign in and let everyone know.

New barriers on Holst Grove / Grovefield Way - Equality Impact Assessment and EA2010 Obligations

We're waiting for Simon Willis to read recent responses and update the status.

Dear Gloucestershire County Council,

I write to you in relation to the recently installed barriers at the end of Holst Grove, Cheltenham with specific reference 51.885369, -2.132428 where Holst Grove connects to the shared path alongside Grovefield Way.

I write to ask the following questions.

1) When was this barrier installed?

2) Was an Equality Impact Assessment carried out at this location, as required by the Equality Act 2010 S.149, prior to the installation of this barrier;
3) Could you please provide a copy of that Equality Impact Assessment;
4) Who installed this barrier?
5) Who approved this barrier?

I note that this route joins part of a signposted and mapped cycle route in Gloucestershire.

6) Who does this cycle route fall under the remit of?
7a) Were they consulted prior to installation?
7b) If so, what was their response?
7b.i) If they did not approve, why was this ignored/overruled/disregarded, and by whom?
7b.ii) If they did approve, please provide evidence to support this.

As this forms part of the signposted and advertised local cycle network, it is not unreasonable to expect cyclists, including disabled and adaptive cyclists, to wish to pass through here, as they are legally entitled to do.

It is also reasonable to assume that many cyclists passing through here may not be familiar with the immediate local area, and may struggle to find an alternative route;

It is further reasonable to assume that this route will see a higher proportion of less experienced and less-able cyclists, who are less likely to be able to achieve or maintain higher paces, and, accordingly, should not be forced onto main roads and away from quieter routes like this.

I remind you that dismounting is not an option for the majority of users of adaptive cycles, such as handcycles, trikes and so on, and requiring a dismount for users of such 'cycles is a contravention of EA2010 S.20(3)(4), and constitutes an act of direct discrimination under Equality Act 2010, Section 21.

9) What provision has been made for the passage of cyclists along this signposted cycle route, with regards to this barrier?
10) What allowances and accommodations have been made for disabled cyclists?
11) Leading on from 10), what provision has been made for cargobikes, tricyclists, and adaptive cycles in general?
12) How would a cargobike pass through here? (Assume length of 2.15, width 89cm)
13) How would a recumbent handcycle pass through here? (Assume 2.2m length, 5.5m turning radius - not an extreme example, fairly typical).
14) How would an upright handcycle pass through here? (Assume 1.8m length, 5.5m turning radius - again, not extreme, fairly typical)
15) How would a wheelchair with a clip-on handcycle pass through here? (assume length of 1.6m, width of 72cm at the bottom, 74cm at the cranks - Again, not extreme, fairly typical)

The UK Government has recently embarked on a programme of encouraging the construction, provision and improvement of cycling infrastructure.

16) Please explain how the installation of this barrier, and the subsequent de facto banning of disabled cyclists from this route, aligns with this programme.

The Equality Act 2010, Section 20 (https://www.legislation.gov.uk/ukpga/201...) contains a number of stipulations with regards to provisions, practices, criterion and physical features. These are legal obligations, and as such, are not optional. The Equality Act 2010, Section 20 is henceforth referred to as and by "S.20".

17) Please clarify how the installation of these barriers aligns with S.20(3);
18) Please clarify how the installation of these barriers aligns with S.20(4);
19) Please clarify how the installation of these barriers aligns with S.20(7);
20) Please clarify how the installation of these barriers aligns with S.20(9);
21) Please clarify how the installation of these barriers aligns with S.20(10);

I again remind you that expecting disabled cyclists to dismount is a violation of S.20(3). I also remind you that expecting disabled cyclists to go a long way out of their way to avoid this barrier is a violation of S.20(3),(4).

Finally, I expect immediate and urgent action to be taken in order to bring this barrier into compliance with the above legislation;

22) Please explain what immediate steps will be taken to restore inclusive and disabled accessibility for the above route.
23) Please provide the correct contact point for any further actions, including for any potential Letter(s) Before Action(s) to be addressed to.

Please provide the requested information in either table, or bullet pointed format, addressing each question raised fully in turn.

Please do not use "Refer to previous answer N", as none of my questions are likely to be satisfactorily answered by a prior question, and this will only result in additional FOI requests.

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

If you can identify any ways that my request could be refined, I would be grateful for any further advice and assistance.

Thank you for your time, and I look forward to your response.

Yours faithfully,

Simon Willis

Gloucestershire CC, Gloucestershire County Council

Information request
Our reference: 18550952

--------------------------------------------------------------------------

Dear ‎Mr Wills‏
 
Request for Information (Reference: 18550952 )
 
Thank you for your request for information, received on 30 July 2020.
 
Request summary:
I write to you in relation to the recently installed barriers at the end
of Holst Grove, Cheltenham with specific reference 51.885369, -2.132428
where Holst Grove connects to the shared path alongside Grovefield Way.
1) When was this barrier installed?
2) Was an Equality Impact Assessment carried out at this location, as
required by the Equality Act 2010 S.149, prior to the installation of this
barrier;
3) Could you please provide a copy of that Equality Impact Assessment;
4) Who installed this barrier?
5) Who approved this barrier?
I note that this route joins part of a signposted and mapped cycle route
in Gloucestershire.
6) Who does this cycle route fall under the remit of?
7a) Were they consulted prior to installation?
7b) If so, what was their response?
7b.i) If they did not approve, why was this ignored/overruled/disregarded,
and by whom?
7b.ii) If they did approve, please provide evidence to support this.
As this forms part of the signposted and advertised local cycle network,
it is not unreasonable to expect cyclists, including disabled and adaptive
cyclists, to wish to pass through here, as they are legally entitled to
do.
It is also reasonable to assume that many cyclists passing through here
may not be familiar with the immediate local area, and may struggle to
find an alternative route;
It is further reasonable to assume that this route will see a higher
proportion of less experienced and less-able cyclists, who are less likely
to be able to achieve or maintain higher paces, and, accordingly, should
not be forced onto main roads and away from quieter routes like this.
I remind you that dismounting is not an option for the majority of users
of adaptive cycles, such as handcycles, trikes and so on, and requiring a
dismount for users of such 'cycles is a contravention of EA2010
S.20(3)(4), and constitutes an act of direct discrimination under Equality
Act 2010, Section 21.
9) What provision has been made for the passage of cyclists along this
signposted cycle route, with regards to this barrier?
10) What allowances and accommodations have been made for disabled
cyclists?
11) Leading on from 10), what provision has been made for cargobikes,
tricyclists, and adaptive cycles in general?
12) How would a cargobike pass through here? (Assume length of 2.15, width
89cm)
13) How would a recumbent handcycle pass through here? (Assume 2.2m
length, 5.5m turning radius - not an extreme example, fairly typical).
14) How would an upright handcycle pass through here? (Assume 1.8m length,
5.5m turning radius - again, not extreme, fairly typical)
15) How would a wheelchair with a clip-on handcycle pass through here?
(assume length of 1.6m, width of 72cm at the bottom, 74cm at the cranks -
Again, not extreme, fairly typical)
The UK Government has recently embarked on a programme of encouraging the
construction, provision and improvement of cycling infrastructure.
16) Please explain how the installation of this barrier, and the
subsequent de facto banning of disabled cyclists from this route, aligns
with this programme.
The Equality Act 2010, Section 20
(https://www.legislation.gov.uk/ukpga/201...) contains a number of
stipulations with regards to provisions, practices, criterion and physical
features. These are legal obligations, and as such, are not optional. The
Equality Act 2010, Section 20 is henceforth referred to as and by "S.20".
17) Please clarify how the installation of these barriers aligns with
S.20(3);
18) Please clarify how the installation of these barriers aligns with
S.20(4);
19) Please clarify how the installation of these barriers aligns with
S.20(7);
20) Please clarify how the installation of these barriers aligns with
S.20(9);
21) Please clarify how the installation of these barriers aligns with
S.20(10);
I again remind you that expecting disabled cyclists to dismount is a
violation of S.20(3). I also remind you that expecting disabled cyclists
to go a long way out of their way to avoid this barrier is a violation of
S.20(3),(4).
Finally, I expect immediate and urgent action to be taken in order to
bring this barrier into compliance with the above legislation;
22) Please explain what immediate steps will be taken to restore inclusive
and disabled accessibility for the above route.
23) Please provide the correct contact point for any further actions,
including for any potential Letter(s) Before Action(s) to be addressed to.
 
Due to the ongoing uncertainty of the full impact of COVID-19 there are
likely to be disruptions to our services. At the moment, we are focusing
on high priority work and the remainder will be subject to delays. We
appreciate your patience during these unprecedented times.
 
We aim to respond to your request no later than midnight on 27 August
2020 (the statutory timescale of 20 working days, starting on the working
day following receipt of your request). We may need to contact you if the
request needs to be clarified; this is to ensure we provide you with the
information you require.
 
If the information you have requested is held by another public authority,
we will inform you of this so that you can contact them directly.
 
Gloucestershire County Council is committed to the principles of
information disclosure and will, wherever possible, provide all
information requested. However, some information you have requested may
not be provided to you; this will only be information that can be withheld
by law, and, in most cases, the reason will be explained to you when we
send out any information that can be released. We will also inform you as
soon as possible if we do not hold the information you have requested.
 
Our response to your request may be published in our disclosure log, with
your personal details removed. Our new disclosure log can be found on our
website at: [1]www.gloucestershire.gov.uk/foi.  In future, you may find
that the answer to your questions about the Council has already been
published.
 
Yours sincerely

Request Support Assistant
Information Management Services

01452 324000

References

Visible links
1. http://www.gloucestershire.gov.uk/foi

Gloucestershire CC, Gloucestershire County Council

Information request
Our reference: 18550952

--------------------------------------------------------------------------

 
Dear Mr Wills,
 
Request for Information Reference: 18550952 received on 30 July 2020.
 
Due to the on-going uncertainty of the full impact of COVID-19 there are
likely to be disruptions to our services. At the moment, we are focusing
on high priority work and the remainder will be subject to delays. We
appreciate your patience during these unprecedented times.

Please be assured that we are working on your request and aim to respond
to you as soon as possible. We are currently waiting for confirmation from
one of our service areas and I have sent a chaser to check the status of
this request. 

My apologies for any inconvenience this may cause.

 
Yours sincerely,
 
Ethan Hawkins
Information Requests Officer
Information Management Service
 
NOTE: Please do not edit the subject line when replying to this email.

Gloucestershire CC, Gloucestershire County Council

1 Attachment

Information request
Our reference: 18550952

--------------------------------------------------------------------------

 
Dear  Mr Wills
 
Thank you for your request for information received on  30 July 2020 .
 
Please find attached our response to your request.
 
Yours sincerely
Ethan Hawkins
Information Requests Officer
Information Management Service

01452 324000

 
NOTE: Please do not edit the subject line when replying to this email.

We don't know whether the most recent response to this request contains information or not – if you are Simon Willis please sign in and let everyone know.