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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Smeaton, R (On the Application Of) v Secretary of State for the Department of Transport  EWHC 146 (Admin) (14 January 2015)
Cite as:  EWHC 146 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF SMEATON||Appellant|
|SECRETARY OF STATE FOR THE DEPARTMENT OF TRANSPORT||Respondent|
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Miss S Wilkinson (instructed by the Treasury Solicitor) appeared on behalf of the Respondent
Crown Copyright ©
"A person who is more than 2 years old and falls within 1 or more of the descriptions specified in paragraph (2)."
"Subject to paragraph(3A)has been certified by an independent mobility assessor as having a permanent and substantial disability which causes inability to walk, or very considerable difficulty in walking."
1) They amount to cruel and unusual punishment.
2) They breach the requirements of the Equality Act 2010.
3) They are discriminatory against those with temporary disabilities and with dyslexia by reason of their complexity.
4) They are draconian by using independent assessors.
5) There is an abuse of discretion because medical opinion is overruled by the assessors.
6) There is an allegation of negligence.
7) There is a breach of the United Nation Convention on the Rights of Persons with Disabilities.