Permission granted by the Court of Appeal in tactile paving challenge

Bindmans’ client and disability rights campaigner Sarah Leadbetter has been granted permission to appeal to the Court of Appeal in her ongoing legal challenge against the Secretary of State for Transport.

The challenge relates to the government’s Guidance on the use of Tactile Paving, published in January 2022.

Ms Leadbetter commented: "I am very pleased with this decision, the minimum height of kerbs to keep blind and visually impaired people safe has been known for a long time now. It is preposterous that the academic evidence provided during the consultation was not taken into account during the updating of the guidance. Kerbs are essential for keeping me and my Guide Dog Nellie safe, and stop me walking out into the road and into danger. The Guidance in its current format is not safe and it will result in new streets being designed that are inaccessible for people like me. It is essential the Guidance is correct and that is why we have appealed the original judgment."

Ms Leadbetter is visually impaired and is a guide dog user. Her legal challenge relates to the minimum kerb heights specified in the Department for Transport (DFT)’s guidance documents. Kerbs of sufficient height are crucial to the safety of blind and visually impaired people, to help them distinguish between the footway and the road, and therefore avoid stepping into traffic. A study conducted by University College London in 2009 found that the minimum detectable kerb height for guide dogs and long cane users was 60mm, whereas the guidance provides for just 25mm. This low kerb height was included in the guidance despite strong representations made by all leading charities representing blind and visually impaired people.

Ms Leadbetter’s solicitor, Elizabeth Cleaver of Bindmans LLP stated: "We are delighted that the Court of Appeal will be reviewing this issue, which is of vital importance to the independence of blind and visually impaired people. We are also pleased that the Court of Appeal has refused permission for the DFT’s cross-appeal. The consultation process for this guidance was clearly both inadequate and unlawful."

Ms Leadbetter’s judicial review claim was heard at first instance in January 2023. The Administrative Court found that the consultation period for the new guidance (which lasted just 12 days) was unlawful, but declined to quash the guidance itself. Both sides sought permission to appeal. The Secretary of State for Transport’s application for permission to appeal has been refused.