A disability campaigner has won the right to take her case to the Court of Appeal in a legal battle over the Department for Transport's minimum kerb height guidance.
Campaigner Sarah Leadbetter had a judicial review claim against the DfT's 2021 Guidance on the use of Tactile Paving and its provision for a minimum kerb height of 25mm, heard early this year.
In February, the High Court found that the consultation period for the new guidance, which lasted just 12 days, was unlawful. However, the court declined to quash the guidance itself. Both sides sought permission to appeal the case.
The secretary of state for transport’s application was refused by the Court of Appeal, while Ms Leadbetter's was granted, meaning both parties face a further legal showdown in the court.
The DfT guidance states that 'in the absence of a kerb upstand greater than 25mm high, [the visually impaired] may otherwise find it difficult to differentiate between where the footway ends and the carriageway begins'.
Ms Leadbetter - who is visually impaired and a guide dog user - has maintained that the Government did not take into account a study conducted by University College London in 2009, which found that the minimum detectable kerb height for guide dogs and long cane users was 60mm.
The DfT made specific provisions for the use of dropped kerbs to ensure that people using a wheelchair or those with buggies can get across the road. Ms Leadbetter and her supporters argue that a mandatory 60mm height could have been used elsewhere.
Her legal team said the lower 25mm kerb height was included in the guidance 'despite strong representations made by all leading charities representing blind and visually impaired people'.
Ms 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 stopping me from 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.'
Her 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 legal challenge is supported by the National Federation of the Blind of the UK, (NFBUK), Guide Dogs UK and the Royal National Institute of Blind People (RNIB).
Sarah Gayton, street access campaign co-ordinator for the NFBUK, told Highways: 'There can be no compromise, kerbs prevent us from walking into danger and keep us safe. The minimum height of 60mm has been known for a long time now and this should be reflected in the updated DfT Guidance document'.
The DfT said it cannot comment on these ongoing legal proceedings.
Picture: Sarah Leadbetter outside the Royal Courts of Justice in London, with her Guide Dog Nellie, holding a sign that states ‘Kerbs Kept Us Safe’ - Sarah Gayton.
