Campaigner given green light to appeal High Court ruling over Department for Transport guidance on tactile paving and kerb heights

The Court of Appeal has granted a disability rights campaigner permission to appeal in her ongoing legal challenge against the Secretary of State for Transport regarding guidance on the use of tactile paving.

Sarah Leadbetter is visually impaired and is a guide dog user. Her legal challenge relates to the minimum kerb heights specified by the Department for Transport (DFT).

Her law firm, Bindmans, said: “Kerbs of sufficient height help visually impaired people 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 has been criticized by all leading charities representing blind and visually impaired people.”

In February 2023 the High 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 of the case sought permission to appeal. The Secretary of State for Transport’s application for permission to appeal has been refused.

Elizabeth Cleaver of Bindmans said: “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."

Sarah Leadbetter said: “"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’s legal challenge is supported by the National Federation of the Blind of the UK, Guide Dogs UK, and the Royal National Institute of Blind People (RNIB).

The appellant is represented by Elizabeth Cleaver and Claire Hann of Bindmans, who have instructed Jamie Burton KC and Sarah Steinhardt of Doughty Street Chambers.

Harry Rodd