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Case Study
Overview
Between December 2006 and March 2007 the government conducted a national
consultation on the future of the Post Office network. In May 2007
the government announced that it would be asking the Royal Mail (via
its subsidiary, Post Office Limited) to close 2,500 Post Offices across
the UK. The government left it up to the Royal Mail to decide which
Post Offices it would close and individual closures were then announced
throughout 2008.
The Disability Discrimination Act requires all public bodies not only
to eliminate discrimination against disabled people, but also to consider
taking positive steps to enable disabled people to participate fully
in society. In addition, certain named public bodies have to produce
‘disability equality schemes’, setting out detailed information
about how they will promote disability equality.
The Claimants
In January 2008 we were contacted by Mrs B, a disabled pensioner in
Hastings in Sussex who had just been told that her local Post Office
would be closed. She relied heavily on the Post Office, for example
to collect her pension, and her disability made it very difficult
to travel to an alternative post office.
In May 2008 we were contacted by the Stroud Town Council in Gloucestershire
who had been trying to save their Post Office by making a financial
contribution towards its running costs. The Royal Mail had refused
to accept this proposal.
We were asked to try to prevent the closure of the Hastings and Stroud
Post Offices.
Other organizations involved
In addition to Stroud Town Council we also liaised with two national
charities, Age Concern and Help the Aged, who provided very helpful
evidence about the impact of Post Office closures on older people
with disabilities. We also obtained evidence from a large number of
disabled people and campaign groups in Sussex about the impact of
Post Office closures.
What happened
We obtained legal aid for Mrs B. Then, after a warning letter was
sent, a judicial review case was begun against the two government
departments involved and against the Royal Mail Group for breaching
the Disability Discrimination Act.
After an initial court hearing in May 2008, Mrs B was given permission
to proceed with her case and a 3 day court hearing was arranged for
the end of October 2008.
In the meantime, Stroud Town Council put us in touch with a disabled
pensioner in Stroud, Mrs D, who also relied heavily on her local Post
Office. We obtained legal aid for Mrs D and she too began court proceedings
against the two government departments and the Royal Mail Group.
Shortly before the October 2008 Court hearing Royal Mail Group backed
down. In Mrs B’s case they agreed to fund a unique replacement
service in Hastings, just round the corner from the old Post Office.
In Mrs D’s case Royal Mail Group reversed their position and
decided to keep the Post Office open under a joint funding agreement
with Stroud Town Council.
Although Mrs B’s and Mrs D’s use of judicial review meant
their Post Offices were saved prior to the October 2008 court hearing,
the court hearing still went ahead in light of the issues of wider
public importance raised by Mrs B and Mrs D about the way the government
had gone about developing and implementing their closure policy.
After a 3 day hearing the Court decided not to grant the declarations
that were sought by Mrs B and Mrs D that the government had acted
unlawfully. However the Court did criticise the way the government
had gone about complying with the Disability Discrimination Act and
set out detailed guidance about the steps public bodies needed to
take to comply with their disability duties in the future.
Links
For a copy of the court judgment click
here.
For some examples of the press coverage of Mrs B’s case:
BBC
news report, 13.5.08
BBC
news report, 12.5.08
BBC
news report 8.10.08
BBC,
Politics Show 15.5.08
Channel
4 News report
The
Times, 14.5.08
The
Daily Mail, 8.10.08
The
Daily Telegraph, 8.10.08
Brighton
and Hove Argus, 12.5.08
Hastings
and St Leonard’s Observer, 8.10.08
And for more information about Mrs D’s case:
The
Daily Telegraph, 22.10.08
The
Daily Express, 2.11.08
Daily
Mirror, 23.10.08
Daily
Mail, 1.11.08
Local
Government Association’s report, 10.11.08
Stroud
Town Council’s ‘reporter’s diary’ website
report and press release
This
is money website, 1.11.08
Green
Party website, 22.10.08
May 2009
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