Publisher Citation: [2012] All ER (D) 306 (Oct)
Neutral Citation: [2012] EWHC 2970 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Kenneth-Parker J

Representation David Wolfe QC (instructed by Leigh Day & Co) for the claimant.
  Simon O'Toole (instructed by London Borough of Newham) for the local authority.
Judgment Dates: 30 October 2012

Catchwords

Local authority - Non-statutory powers - Disability - London borough failing to adopt national guidance on the use of tactile paving for visually impaired etc - Claimant, suffering from visual impairment bringing judicial review of guidance - Whether and to what extent weight to be given to non-statutory guidance - Whether guidance adopted by borough lawful - Whether guidance should be quashed.

The Case

Local authority Non-statutory powers. The Administrative Court found that Newham London Borough did not have a lawful justification for departing from the national guidance on the use of tactile paving, and therefore its guidance was unlawful.

If you are a LexisLibrary subscriber you can read more about this case here.