The official bin-collection policy of Ipswich Borough Council policy is to leave bins after collection ‘at the very back of the pavement on the curtilage of the property … not obstructing residents’ driveways, preventing usage of drop kerbs etc‘. I have asked them why they don’t return the bins to where they found them (which is normally within the curtilage of the property on a driveway) and have also reminded them of their duties to the blind/wheelchair users and other groups under disability legislation. The response was: “We have discussed your interpretation of the Equalities Act with our resident equalities expert and we are of the opinion that we are taking the best possible action in this respect“. Umm… Strange, given that the work ‘pedestrian’, ‘wheelchair’ and ‘buggy’ don’t even appear in the text.
Here is my proposed replacement text: “a) Bins MUST NOT be left in a position where they create a safety hasard. b) Bins MUST NOT be left in a position where the available footway is reduced to less than 1m and should not left in a position where the width is reduced to less than 1.5m. Bins can often be returned to a position just inside the curtilage of the property. Where this is not possible they may be left on the footway or carriageway as long as the conditions in a) and b) are satisfied. Where no viable option exists then alternative provision for the collection of waste will need to be arranged. This policy is to ensure that all road users, including pedestrians, some whom may require additional width (wheel chair users, people with buggies and shopping and those with visual impairments) are able to use the highway safely“.
Here’s the reason why a change is needed. In these two following pictures there is no space for a wheelchair user of parent with a buggy to use the pavement when the current guidelines are following. In both cases it would however be trivial for the bins to be returned within the curtillage.
Bins left blocking the pavement after collection
Bin left on pavement with 400mm between bin and lamp-post.
The law is very clear on this. Lets start with Department for Transport guidance on the ‘Pedestrian environment and transport infrastructure’:
- “Since October 1999 service providers have had to take reasonable steps to change practices, policies and procedures which make it impossible or unreasonably difficult for disabled people to use a service … These requirements apply to facilities and services in the pedestrian environment’.
- “Those who are travelling with small children or are carrying luggage or heavy shopping will all benefit from an accessible environment, as will people with temporary mobility problems (e.g. a leg in plaster) and many older people. Thus, the overall objective of this guide is to provide inclusive design and through that achieve social inclusion
- “Manual wheelchair users need sufficient space to be able to propel the chair without banging their elbows or knuckles on door frames or other obstacles. But someone who walks with sticks or crutches also needs more space than a non-disabled walker; so too does a long cane user or person carrying luggage, or a lot of shopping bags, or with small children. Thus providing adequate clear space on pavements, along passages in public buildings, through doorways etc, is of benefit to many people.
And also the DirectGov guidance re the Equalities Act 2010:
- The Equality Act 2010 provides important rights not to be discriminated against or harassed in accessing everyday goods and services like shops, cafes, banks, cinemas and places of worship… The Equality Act 2010 gives disabled people rights not to be discriminated against or harassed in relation to the use of transport services. This also covers access to travel infrastructure such as railway stations and bus stations. You also have a right to reasonable adjustments.
And here is a helpful diagram published by the DfT showing the pavement width required by these different groups of pedestrians. Is it however unfortunate that the diagram is so hard to read which probably goes against their own guidance on legibility, but we can’t have everything!
Pavement widths required by different user groups (DfT guidance)
Finally, here are a set of photos illustrating the ‘reasonable adjustments’ that I am proposing to the council. The photos on the left show where the council leave bins currently and on the right you can see where I am suggesting they should be left to allow free passage (or as good as can be achieved with all the pavement parking!).
Bins after collection (as now on the left, and as proposed on the right)
I will be sending a copy of this post to the council and ask them to reconsider. If that doesn’t work then possibly the local paper would be interested in taking this on as a local issue.
Tags: disability discrimination, obstruction, pavement, wheelie bin
Pedestrian Liberation 