Facts: Newham decided to provide tactile paving in its area (to assist visually impaired persons), but in accordance with standards and specifications that fell short of those recommended in non-statutory guidance issued by the Department of Transport.

Judgment: Kenneth Parker J held that the national guidance was the product of a highly expert analysis, was issued against the background of the equality duty and was set out in imperative terms, owing to the long-term need to achieve an acceptable level of uniformity and consistency throughout localities: in all the circumstances, Newham had not had sufficiently good reasons to depart from this guidance.

Comment: a good example illustrating that court decisions in this area are context sensitive. Although the guidance in this case was not statutory, it was intrinsically so persuasive and so clearly intended to be normative that only cogent reasons justified a departure from it.