Disabled cyclist wins battle to remove “discriminatory” barriers after council agrees for out-of-court settlement to modify National Cycle Network path

Newcastle City Council has agreed to modify barriers on a popular cycle path after a cyclist questioned their lawfulness in a legal letter, however, he mentioned that he still bears a “nagging suspicion” about whether the council will really act on its word unless taken to court.

61-year-old Alastair Fulcher has Parkinson’s Disease which affects his balance, core strength and ability to walk, but is able to continue to enjoy cycling thanks to his recumbent tricycle.

He said that he, along with many others using mobility aids or non-standard bicycles, was faced with a challenge when the council installed the barriers on the National Cycle Route 72 past Pottery Bank, Newcastle to prevent motor vehicles from accessing the route.

In September, he sent a legal letter to the council pointing out that the barriers were in breach of the European Convention on Human Rights (ECHR) and Human Rights Act 1998, the Equality Act 2010 and planning guidance of local authorities, and challenge their lawfulness.

road.cc can report that today, the council has agreed to modify the barriers in consultation with Alastair, subject to a review by accessibility specialists.

> “Benefit of removing barriers far outweighs anti-social motorbike behaviour”: Cyclist calls for removal of barriers from cycle paths for greater accessibility

Alastair Fulcher on his recumbent tricycle

Alastair said: “It’s a fact that the UK’s cycling infrastructure is awful compared to the continent. Certainly around Newcastle barriers such as this one are common. I have focused on this barrier because it is on NCN Route 72, the supposed premier route from sea to sea. I can’t imagine what continental visitors think of this cycleway.
 
“Various arguments in favour of barriers to control illegal motorcycle use don’t stand up to scrutiny, indeed a recent article on the Sustrans website points to the opposite being the case.

“I have mixed feelings about agreeing to an out-of-court settlement, I have a nagging suspicion that local authorities will not improve their behaviour around this issue until such time one of them is taken to court and loses with the award of a substantial cash settlement. My focus for the moment is getting NCN Route 72 west of Pottery Bank accessible to all legitimate users.”

Last year, Urban Green Newcastle installed the barriers at the East and West side of the cycle path at Pottery Bank. A second barrier was installed despite a complaint by Alastair, represented by human rights solicitor Ryan Bradshaw of Leigh Day, regarding the first.

The move was widely condemned, with disabled people’s cycling organisation Wheels for Wellbeing also supporting Alastair's case, and saying that “we are finding time and again that disabled people are denied access to spaces that other people can access”.

> Cyclist challenges council over barriers on popular cycle route that "discriminate against disabled people"

After the council’s announcement to modify the barriers, a spokesperson from the organisation said: “It’s fantastic that these discriminatory barriers which are preventing use of a National Cycle Network route by Disabled people will be modified.

“Congratulations to Alastair and to Ryan [Bradshaw] for their success in this campaign. We hope that councils across the UK will begin to recognise that barriers which prevent legitimate users from accessing public spaces and public rights of way are unlawful, and that we’ll see more routes opened to Disabled people over the course of 2024.”

Bradshaw also congratulated Alastair, saying that he hopes this case marks a turning point for others who also face discrimination due to physical barriers and inspires them to speak up against it. He said: “I am delighted that Alastair has achieved his aim of getting the barriers removed and highlighting the indirect discrimination that was caused.

“Institutions responsible for transport infrastructure need to do more to ensure that the rights of disabled people are respected and that planning decisions are not made without fully consulting with members of the disabled community. I hope that Alastair’s example will inspire others to take action where they feel discrimination has occurred.”

> Bollards too narrow for council's own cargo bike trailers were installed for "safety" reasons... says the council

Last month, Bolton Council also admitted that no equality impact assessment was carried out before the installation of barriers, once again, aimed at preventing anti-social behaviour.

The council argued that their installation was a necessary reaction to criminality and people using the route to evade the police, also adding that it believed it had still acted in accordance with design guidance.

However, Hamish Belding, Project Officer at cycling, walking and wheeling charity Sustrans, criticised the “fear-mongering” amongst locals by councils of increased motorbike usage as a result of the removal of barriers.

Speaking to road.cc after an A-frame barrier was removed near his home town in Tonteg, Wales, he also called out the barriers on cycle paths for not being inclusive and being discriminatory towards people with mobility issues or adapted bicycles.

He said: “Illegal motorbike use is a perception, there’s a lot of fear-mongering around it which may not actually reflect reality. Often the barriers are put in as an automatic sort of thing when paths are built and not in recognition of whether there's a problem or not. I know this area very well. I know that we don’t have a motorbike problem here and the benefit of removing the barrier far outweighs any risk of antisocial motorbike behaviour.”