What can I do about - Street Furniture

Street furniture?

Street furniture is a term that refers to a range of permanent fixtures that are present on pavements and can include:

  • Posts, poles and bollards
  • Waste paper bins
  • Low level signs
  • Seating

Street furniture generally has a practical as well as an aesthetic use. However, if over used or poorly placed, it can become a dangerous obstruction and a hazard.

Our concerns

It is essential for blind and partially sighted people to have a clear route along a pavement. The proliferation of street furniture makes it difficult for blind and partially sighted people to negotiate the path.Falling over or banging into street furniture can be painful, and can adversely affect a person's confidence, mobility and opportunities.

Street furniture and best practice guidance

Best practice guides set out by the Department for Transport (DfT) emphasise the importance of consultation and inclusion of disabled people when planning to introduce street furniture. Their "Inclusive Mobility" guidelines state:

'Street furniture can cause problems for both wheelchair users and for people who are visually impaired. It is essential, taking account of heritage issues, to consider both the positions of any furniture and the means of making it apparent to people with reduced vision…posts, poles bollards etc should be positioned to leave clear width…it helps visually impaired people if, within an area, the positioning of posts etc is consistent and away from general lines of movement.”

It also stresses that:

"Colour contrasted bands on poles and colour contrast on the tops of bollards will help partially sighted people."

Recent case law such as Mohsan Ali vs. London borough of Newham suggests that local authorities are expected to give proper consideration to authoritative guidance, such as best practice set out by the DfT.

Street Furniture and the Law

Equality Act

Under the provisions of the Equality Act 2010, it is unlawful for service providers and those exercising public functions, including highways functions, to discriminate against disabled people. This includes a duty not to indirectly discriminate and to make reasonable adjustments where existing arrangements place a disabled person at a substantial disadvantage. In RNIB's view, a failure by a Highways Authority to consider the needs of disabled people when positioning street furniture, thereby creating unnecessary obstacles, places blind and partially sighted people at a particular (substantial) disadvantage and is therefore likely to breach the Equality Act.

Public Sector Equality Duty

As a public authority, local authorities are subject to the Public Sector Equality Duty. Thisrequires authorities to have "due regard" to equality outcomes in everything it does. In particular, the authorities are required to ensure that it eliminates discrimination, advances equality of opportunity and fosters good relations between, amongst others, disabled and non-disabled people.

Undertaking an Equality Impact Assessment (EIA) at the initial stages of the local authority planning a scheme, which introduces street furniture, is one way of demonstrating “due regard”. The EIA should be used to determine how a proposed scheme would affect different groups and highlight any negative impacts. In the light of an EIA's findings, the local authority should seek to promote equality by addressing any issues raised.

Access Forums

Local Access Forums are also a way of consulting with disabled people.S.94 (5) of the Countryside and Rights of Way Act 2000 requires the Council to have regard, in carrying out their functions, to take advice given to them by the Local Access Forum. Where one does not formally exist in an area, the Act requires the local authority to set one up.

What can you do?

If you have heard that your local authority is implementing a scheme which is introducing a range of new street furniture, it's important that you make your views heard. There are a number of things you can do.

1.Get the facts

Make contact with your local council to find out the details of their plans.

Find out the location (eg. a busy high street? City Centre)

What does the plan involve? (eg. What street furniture is going to be introduced and where?)

Establish the timescales. What stage are the plans at? Have they been agreed already? If so, were disabled people consulted?

Find out whether an Equality Impact Assessment has been carried out. If they have, you should be able to request a copy of the outcomes of this. If they have not, ask them when they intend to do this.

Ask them how the council has considered their responsibilities under the Public Sector Equality Duty.

2.Strength in numbers

If you have concerns about what is being planned, involve other people and groups who share your views and may be able to support and help you campaign.

Get together with others in your area to discuss your concerns and pinpoint what the main problems are.

Get in touch with other groups - parent groups, older peoples organisations, deaf or other disabled people as well as blind and partially sighted people and see if they share your concerns.

3.Use your voice

With the basis of a strong campaign set up, start taking action and get your message to the people that need to hear it.

Write to your local councillor, outlining your concerns. They are crucial as the council makes the decisions on this issue. You can also write to the leader of the council.

Let your MP know about your concerns. Although MPs are not directly involved in the decisions which local authorities make, they still have influence. If you are unsure who your MP is, please call us on 020 7391 2123 and we can find out for you.

Write a letter to your local newspaper and explain what you are worried about - they're likely to be interested in your concerns.

Find out if your local authority has any public meetings planned over the proposal, or if there is an access forum that you can talk to or be involved in to influence the planning stage.

4.Just the start…

This is likely to be a long and lengthy process so this is just the start. You may want to start a local campaign. For example, a petition or letter writing campaign, asking councillors to meet with a group of local blind and partially sighted people, getting support from you local newspaper, and perhaps even holding a demonstration if the council really won't listen! Get in touch with us and we can help you with the next stages.

For more information contact your local RNIB campaigns team

RNIB has a network of Campaign Officers and campaign volunteers throughout the country that can provide support and assistance. Please contact the RNIB campaign's team to discuss this further.

Telephone: 020 7391 2123

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