An inner London council may have to relay paving which helps blind people after it failed to follow Department of Transport guidance - setting a precedent to other councils which decide to flout the rules.
Tactile Paving
A top judge has criticised Newham Council for its failure to comply with the Government department's guidelines for laying tactile paving, which was drawn up in consultation with the Royal National Institute of Blind People (RNIB) and Guide Dogs for the Blind.
Mohammed Mohsan Ali, who is registered blind and a Newham resident, was supported by RNIB in a three and half year battle against the council's decision to deviate from the guidance.
Mr Ali said: "It's been a hard three and a half year's to reach this point but I'm really happy with the court's ruling in my favour and hope it acts as a warning to other council's not to deviate from the official guidance on tactile paving."
The paving, also referred to as bubble paving, is vitally important to someone with sight loss as it identifies where it's safe to cross a road or junction. It should lead up to a dropped kerb and if laid at a pedestrian crossing it should have a tail which alerts a person using a white cane that it's a safe place to cross.
Safe place to cross
Newham Council created its own guidance without consulting blind and partially sighted residents. It reduced the amount of tactile paving at crossings by getting rid of the tail and changed its colour. This meant it blended in with the surrounding area rather than contrasting with the pavement and road which enables the majority of people with sight loss be able to easily identify the safest place to cross.
In spring 2009, the council introduced ten pilot sites with its own type of tactile paving without any consultation with its blind and partially sighted residents. Instead a consultation was opened after the pilot paving had been laid, running between December 2009 and February 2010.
In January 2010, RNIB's campaigns team along with several blind and partially sighted people, including Mr Ali, visited the borough and carried out site visits at several of the pilot areas. It was decided that the paving was dangerous and action needed to be taken to rectify it and this was fed back to the council.
In his ruling, Mr Justice Kenneth Parker said there was no good reason for the council's "substantial departure" from national guidelines formulated "at a high level" by experts in the field.
He continued that he "wasn't impressed by the argument that other London boroughs are also departing substantially from the national guidance", and concluded: "It may turn out that this judgment has an effect beyond the local authority of Newham."
One of the worst offending locations in the borough is the busy Greenway crossing at Prince Regent Lane, a busy main road leading directly onto the A13. The amount of paving has been reduced, there's no tails, and the colour has been changed to grey to blend into the surrounding pavement environment.
Other boroughs named in the court proceedings as departing from the guidance include City of London, Royal Borough of Kensington and Chelsea, Westminster City Council and further afield Newcastle City Council, Hertfordshire County Council and Leeds City Council.
"A real danger"
Mr Ali added: "There's a reason the guidelines were drawn up, to ensure the safety of people like me who have sight loss. If laid wrongly the tactile paving could actually be a real danger for blind and partially sighted people and cause them to walk into a busy main road or junction."
In July 2010 at a council cabinet meeting, councillors approved the pilot scheme and it was rolled out across the borough. Due to the council's decision Mr Ali began legal proceedings against the council and last week triumphed with the High Court finding in his favour and that Newham had acted unlawfully.
The council has now been ordered to revise their guidance and come up with a new policy which is in accordance with the Department of Transport's guidance.
Steve Winyard, Head of Policy and Campaigns at RNIB, said: "This judgment sends a clear message to Newham and other local authorities - make sure you stick to agreed Department of Transport's guidance. It clearly demonstrates that there would have to be a very good reason for a local authority not to follow the guidance and come up with its own policy.
"Tactile paving is extremely important to people with sight loss. The guidelines were drawn up in conjunction with experts who have consulted with blind and partially sighted people and who know the safest and best way to lay tactile paving. Newham had no reason to think it knows better. By flouting the rules it has wasted both time and taxpayers' money."
-end-
Notes to Editors:
For more information or interviews contact Emma Mercer, RNIB Senior Public Relations Officer, on 020 7391 2085 or emma.mercer@rnib.org.uk
Photos of the tactile paving are available on request. A copy of the full judgement is also available on request.
Tactile paving
Tactile paving is important because it tells a blind or partially sighted person where to cross a road or junction. It should lead up to a dropped kerb and if laid at a pedestrian crossing should have a tail which alerts a person using a white cane that it's a safe place to cross.
It's also used at roads and junctions which don't have pedestrian crossings and this type of tactile paving shouldn't have a tail. Individuals with sight loss are alerted to the dropped kerb but that it's an uncontrolled crossing and they will have to use their own judgement as to when to safely cross the road.
Tactile paving can also be used at steps to make a person aware that there is a danger ahead. All tactile paving should be laid flush to the dropped kerb and be a contrasting colour to the environment around it. It also must be rigid enough for an individual to be able to feel it.
About RNIB
Every day around 100 people in the UK start to lose their sight. There are around 2 million people in the UK with sight problems. RNIB is the leading charity working in the UK offering practical support, advice and information for anyone with sight difficulties. If you, or someone you know, has a sight problem RNIB can help. Call the RNIB Helpline on 0303 123 9999 or visit www.rnib.org.uk