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Access row gate ‘may be illegal’
A PEDESTRIAN barrier at the centre of a 14-month dispute between a disabled man and Wigan and Leigh Housing was not subject to a disability impact assessment and could be unlawful, it is claimed.
John Gurhy (pictured above) from Abram, has been calling for alterations to be made to the barrier located on the Lee Lane estate since finding himself unable to negotiate it with the mobility scooter he uses to get around.
Under section 49a of the Disability Discrimination Act public authorities must have “due regard” to disability equality and take into account the possible impact of their actions on disabled people.
They must also produce and publish a disability equality scheme.
In a letter to Mr Gurhy, seen by the Evening Post, WALH have admitted that no impact assessment was carried out, “and the decision to erect this gate was not a decision taken under one of our policies”. But the housing authority insists that it does have the appropriate policies in place to comply with the Act.
Janice Barton, Director of Strategy, Policy and Projects at Wigan and Leigh Housing, said: “At the present time we operate under the general auspices of the council’s Single Equality Scheme.
“We have a Disability Action Plan and are currently in the process of producing our own Disability Equality Scheme, which will be published shortly.
“We are working with Mr Gurhy and have discussed options, for which we are currently awaiting costs, to enable us to resolve this issue.”
WALH is now working to find a solution which may involve alterations being made to the gate, or it being replaced with another barrier.
However, Mr Gurhy, a former chairman of the Wigan and Leigh Disability Forum who was diagnosed with Ataxia, a neurological condition that effects balance and co-ordination, believes the wrangle should have been avoided.
He says promises were made to alter the gate, located between Windermere Road and Atkinson Street, and two others like it in June last year only for work to be carried out on just two of the three.
Mr Gurhy, of Warrington Road, said: “The estates management officer has previously spent a considerable amount of taxpayers’ time and money consulting and costing, but has consistently denied that the barrier is illegal under the law.
“However, his boss now agrees with me, that it is likely to be unlawful and the costing saga will start all over once again.
“When I asked for copies of documentation, I was told this paperwork does not exist, because it is not their policy to complete it.”
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Friday 25 May 2012
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