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The legalities of Street Performance

Street performing and busking is quite legal in the UK and cannot be banned by any public authority.

All the information on this website relates to public streets roads and highways only

Disabled street performers are under no lawful obligation to abide by any restrictions placed upon them by any public authority in the UK. This includes Scotland and Northern Ireland.

If they truly believe that by abiding by such restrictions they may be unsafe or face discrimination due to their disability.

Not a single public authority in the UK has acted within the law or the Disability Discrimination Act 1995 (DDA95) when imposing restrictions on disabled street performers. 

Case Study

Westminster City Council (WCC) decided to enforce a pitch location policy on a disabled performer who then fell while performing on a stipulated pitch. The pitch was unsuitable for a disabled performer and the performer suffered spinal injuries.

The performer had told WCC  in advance about the dangers even making a detailed report emailed to every WCC councillor, then ignored by every WCC councillor. A private security guard in Covent Garden was instructed to make sure the disabled performer was performing on the said pitch by WCC, he also ignored the disabled street performer who now has to use a wheelchair.

WCC never did an impact assessment under the rules of the DDA95. WCC never checked to see if the pitch was suitable for a disabled performer, then ignored him when he told them it was not suitable. WCC sacrificed the rights and safety of disabled performers to save money.

All public authorities in the UK including City borough and local councils are required by law to adhere to the Disability Discrimination Act 1995 (DDA95) in almost every thing they do. Public authorities include police and private security firms employed or contracted by public authorities.

Public authorities are also required to make extra special efforts when it comes to their duty of care towards all disabled people that come into contact with them, this special stipulation comes under the DDA95 - . 5a/49a Part 3 / 21b General Duties and includes all London Councils.

Disabled Street performers working under restrictions imposed by any public authority beyond that placed in law by Parliament such as but not exclusive to, codes of conduct, policy statements, licenses or any agreement or contracts are protected by DDA95 - Schedule 3a parts 1,2,3.  A public authority that imposes restrictions upon a disabled performer must have gone through a rigorous process laid down by parliament within the DDA95 in order to lawfully restrict the lawful actions of any disabled street performer. This would mean an impact assessment and detailed examination of all aspects of any restrictions on disabled street performers

to ensure the restrictions did not discriminate and to ensure the safety and well-being of all disabled performers when working under the restrictions.

 

If any disabled street performer has suffered when performing under any restrictions placed upon them by a public authority then please get in touch. We have contact with lawyers who may be able to help.

Legal disclaimer

I am not a lawyer but have sort advice. Before any action is taken by yourself please get the advice of a lawyer beforehand. 

The advice on this site relates to and is for disabled performers as described in the Disability Discrimination Act 1995     Click Here...................

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