Campaigner granted Judicial Review in legal challenge against kerb heights

A visually impaired woman has been granted permission to take the Department for Transport to the High Court for a Judicial Review on the height of kerbs which she says are needed to keep her and her Guide Dog safe.

Sarah Leadbetter uses a Guide Dog, or a long white cane when not working with her Guide Dog, to independently navigate the streets.

She says that to do this safely the kerb has to be of a certain height to stop the Guide Dog walking directly into the road, or a person using a white cane doing the same, as they cannot detect safely where the pavement ends and the road starts.

Sarah’s campaign is being backed by the National Federation of the Blind of the UK (NFBUK).

The NFBUK points to research conducted in 2009 by University College London, which ‘clearly showed that a minimum 60mm kerb height was needed to keep a blind or visually impaired person from danger and walking into traffic using a mobility aid’.

However, according to NFBUK, this ‘crucial evidence’ was ignored in recent updates of the DfT’s Guidance on Tactile Paving, which should have improved safety and accessibility for blind and visually impaired people.

NFBUK says there is already provision for use of dropped kerbs to ensure people using a wheelchair or mothers with buggies can get across the road, but ‘without proper sized kerbs’ blind and visually impaired pedestrians are not able to get around safely and independently.

Sarah Leadbetter said: “I am very relieved, and am positive that many other blind and visually impaired people will be too, to hear that this judicial review is going ahead and will be heard in the High Court.

“The updated Guidance was a long time coming and I was devastated to learn the kerb height needed to ensure my safety was not set at 60mm. Anything lower than this height simply will not do, it will not keep me or my Guide Dog safe.

“There is a reason why a kerb should be 60mm: it stops you from walking into danger, directly into the road with moving traffic, which is extremely dangerous and disorienting as a blind or visually impaired person.

“The kerb is a vital tool that needs to be present on all pavements to keep us separate from moving traffic and from people riding bikes on the road and in cycle lanes.”

Andrew Hodgson, president of the NFBUK, added: “As a long white cane user I am also very relieved at this news. This issue has been a long standing one where we have seen kerbs lowered and even kerbs being totally removed in new street layouts.

“We have actively provided evidence to the DfT through their consultation process of updating the Guidance and this was ignored.

“The very ability of blind and visually impaired people to independently navigate the urban environment is at stake here. We need to instantly know if we are walking into the road to keep us safe and there can be no room for any confusion during the process.

“The Guidance cannot be accepted because is simply not fit for purpose and it needs to be ripped up and started again.”