Dear York City Council,

I write to you in relation to the barriers that are present in a number of locations on the entrances to Hob Moor. For the purposes of this request you may consider the barrier at the approximate location (53.947091, -1.108217) to be the focus, but I believe there are 4 further barriers of similar design at other entrances to Hob Moor and this request could apply equally to all of them.

This FOI request is specific to the design of these barriers, as they compose of a baffled set of uprights, a baseplate of – from what I have been able to determine – unique design and a bypass gate operated by a radar lock approximately 75cm off the ground.

The Equality Act 2010, Section 20 (https://www.legislation.gov.uk/ukpga/2010/15/section/20) 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".

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) Why was a baffled upright deemed to be necessary here when this design is not used elsewhere in York for barriers that appear to perform the same function (e.g. approximate location (53.946117, -1.066161))?
5) Why was baseplate deemed to be necessary here when this design is not used elsewhere in York for barriers that appear to perform the same function (e.g. approximate location (53.946117, -1.066161))?
6) Who designed this barrier, including the baffles and baseplate?
6a) If this was acquired from a standard manufacturer could you please indicate from whom.
or
6b) If this was a custom design please provide design statements and a disability impact assessment of the design.
7) Who installed this barrier?
8) Who approved this barrier?

I note that this route forms part of the signposted and mapped orbital cycle network in York;

9) Who does this cycle route fall under the remit of?
10a) Were they consulted prior to installation?
10b) If so, what was their response?
10b.i) If they did not approve, why was this ignored/overruled/disregarded, and by whom?
10b.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 along here, as they are legally entitled to do.
It is further not unreasonable to assume that cyclists, including disabled and adaptive cyclists should wish to access and enjoy the amenity value of the ancient common land of Hobmoor.
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.
It is presumptive to expect a less-able cyclist to carry a radar key with them at all times.
It is presumptive to expect a less-able cyclist to be able to operate a locked gate which may or may not be self-closing whilst remaining mounted on an adaptive cycle.

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.

11) What provision has been made for the access of disabled cyclists to this ancient public land, with regards to the barriers?
12) What allowances and accommodations have been made for disabled cyclists?
13) Leading on from 12), what provision has been made for cargobikes, tricyclists, and adaptive cycles in general?
14) How would a cargobike pass through here? (Assume length of 2.15, width 89cm)
15) How would a recumbent handcycle pass through here? (Assume 2.2m length, 5.5m turning radius - not an extreme example, fairly typical).
16) How would an upright handcycle pass through here? (Assume 1.8m length, 5.5m turning radius - again, not extreme, fairly typical)
17) 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.

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

As above, and reiterated here verbatim for clarity and ease of reference; The Equality Act 2010, Section 20 (https://www.legislation.gov.uk/ukpga/2010/15/section/20) 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".

19) Please clarify how the installation of these barriers aligns with S.20(3);
20) Please clarify how the installation of these barriers aligns with S.20(4);
21) Please clarify how the installation of these barriers aligns with S.20(7);
22) Please clarify how the installation of these barriers aligns with S.20(9);
23) 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;

24) Please explain what immediate steps will be taken to restore inclusive and disabled accessibility for the above route.
25) 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.

If you have any queries, please don’t hesitate to contact me via email, and I will be very happy to clarify what I am asking for and to discuss this request; my details are outlined below.

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

Yours faithfully,