Human Rights Lawyers – “There’s a Hole in your Bucket …fix it”


You raise the hopes of the ones you are trying to help and then you dash them, in one instance, you raise the real question as to whose side you and the Local Government and Legal Ombudsman are actually on.

Read on. Sometimes, in relation to colour, race, creed, and gender, rights are sacred, universal, and fundamental “human rights” . But often other rights are just aspirations, expectations, claims to be measured against other people’s legitimate claims, and to be costed and researched.

Some on the Left blur the distinction when they introduce the word Equality. But when rights conflict – and quite often they do – fairness not equality is the tool of reconciliation. The Left promotes the claims of the have-nots, now labelled the disadvantaged, but loses sight of the claims of the haves and the would-haves, the majority. They have their rights too. Most people don’t want to be equal to everyone else anyway. They like to be different. Their diversity matters to them. On the other hand they go with fairness.

Meanwhile Human Rights Lawyers think that simply labelling all the rights they create under the banner of Equality – “Human Rights“, they wave a magic wand, a conjuring trick that will make wrongs disappear. That is just wishful thinking. The wrongs do not disapear.

You have work to do at home

As I have said elsewhere, the warning lights are set permanently to green and State inertia becomes the norm.

Now I come to “Death of a Nightingale”

As luck would have it I have witnessed this twice over, two very different experiences.

This explains my frustration, my irritation as I attempted to deal with them. I may have helped others score limited victories, but I still haven’t triggered attention to the wider problem that I flag up here and also in “Death of a Nightingale” – play, book, web-site, and Blog.

In the first, as chair of governors of Barbara Priestman School, a special school in Sunderland, I helped the parents in their successful campaign to keep their school open while over 100 of other special schools were being closed under the policy of Inclusion.

But there was the wider picture

Here a few crusading zealots in a debate in the House of Lords secured a right for children with special needs to go to a mainstream school. Without in depth knowhow they persuade the State to meet their need by passing a law or adopting a policy that does so. Everyone else must then live with the consequences and pay the price.

Yes, it was right for some, but positively wrong for many others denying them the time and skilled attention they needed. Endemic bullying, the price most had to pay and, with it, mental problems, and a loss of self-esteem. Even Baroness Warnock subsequently said of the policy ‘possibly the most disastrous legacy of the 1978 report was the concept of inclusion;” this despite best endeavours to make it a success and funding not the problem.

They designated this as a “human right” and money and cost/benefit analysis didn’t come into it at all. Once they did this, it was sacrilege to question it or criticise anyone implementing it. It was legitimate to resort to smear tactics and suppression as ends justifed means.

The Treasury should have intervened, but it didn’t. It didn’t factor in human fallibility, especially its own. It didn’t anticipate long term costs that far outweigh any short-term savings. No-one did.

After that, the State-operated ratchet took over in schools and university courses. No going back even when the right to mainstream education did not create the intended benefit, sometimes a real detriment. Times Ed played its part. It quickly lost it early interest in Death of a Nightingale when it realised what it was about.

As I have said elsewhere, the warning lights have been set permanently to green and State inertia is the norm. 

Are you beginning to see size of the hole in their bucket?

In the second, I helped the local community in Gosforth, Newcastle, in their campaign to stop cycle lanes narrowing and further congesting an already narrow major arterial road disrupting the vibrant life there for non-existent cyclists. No-one is any longer suggesting them here, and there is no widespread local demand for them. None.

Here there is a bigger picture

Cyclists in London – another group of crusading zealots – somehow managed to get Sustrans, a cycling charity and an auto-phobic cycling lobby based in Bristol, become the nation’s urban transport manager, funded it to the tune of many millions of £s, empowered it, and defended it, all hush hush in consultation procedures. Sustrans is not just a bull in a china shop. It’s been put in charge of it.

Nationally, in the hierarchy of urban road users and their rights and responsibilities on the road, cyclists are bottom – ambulance, fire services, police first, bus passengers and taxis next, artics and delivery vehicles next, cars next, and last, because they are nationally in a considerable minority,pay no tax with 3rd party insurance not compulsory, comes cyclists especially if they are recreational. Yes, their safety is important, but fatalities and serious accidents will always happen whatever the rules of the road and money spent. All road users are fallible, including the cyclists themselves; all are capable of the unguarded moment. Add to this most of our urban roads are narrow, twisting, and busy. In Bristol, Britain’s first cycling city, and home of Sustrans, the accident rate up over 60 per cent in recent years tells a story.

And for those who think that the future is the bicycle not the (autonomous) electric car I urge them to look away from Copenhagen and Amsterdam where their cycling culture is built into the physicality of those cities but at Beijing where cycling has come and now quite definitely gone.

The searing experience of the first encouraged me to write my play Death of a Nightingale and stage it in London explaining it in my book, my website, and my blog. The second encouraged me to record in 25 separate posts every step of the way as I tried to put into the public domain the institutionalised cover-up and to illustrate why there are so many unnecessary cock-ups.

Although there is a good deal of repetition, for any student of law and politics two detailed case studies vividly demonstrate what can happen when you allow democracy to degenerate into autocracy, how public accountability can become a gigantic charade , how the law can be subverted, how even human rights lawyers can be subverted , and how spending priorities can be seriously distorted.

On whose side is everybody on here?

It has become legitimate to resort to censorship and suppression when ends justify means.

These are just words. Soundbites and tweets. But slogan words like Inclusion, Equality, The Disadvantaged, Parity of Esteem, Human Rights substitute for intellectual rigour; they make research, costing, meaningful consultation and other people’s rights all irrelevant.

Likewise, Envy of the world and Free at the point of use and the State – without your involvement – remains entirely responsible for your health; and those words make any question about an alternative approach for funding the NHS impossible even though working well in Germany, Holland, and France. Meanwhile the NHS continues to be used as a political football, for the Left the best football in town. It’s high time to fix a 70 year old design fault.

When it comes to words, please also note that “Freedom of Speech” includes “Free to Speak” and “Freedom to be heard”. Student debt imperils the first. Corrupting the word “Ombudsman” – (Legal, Local Government, Financial, Consumer) gags the second.

Equality before the Law? Ho! Ho! Envy of the world? A hundred years ago maybe. Democracy itself another word without proper substance. Essentially it should be public consent to its decision takers with proper accountability. In fact, it is largely a Punch & Judy show and a make-believe world without any public accountability at all, and with procrastinators not decision takers. UK once a great country, has now lost its way.

For their own separate reasons, the Left and the Right, each in their own silo, collude with this.

Some like it that way with totalitarian or authoritarian instincts, others simply want to keep their well-remunerated jobs in life. Understandable,sometimes hypocritical, and urgently needing attention.

There’s a hole in my bucket, dear Liza, dear Liza,There’s a hole in my bucket, dear Liza, a hole.

Use your head, then! dear Henry, dear Henry, dear Henry,Use your head, then! dear Henry, dear Henry, use your head!



Biggest cock-up yet? Dept for Transport has provided 11,500 charging points when 1 million needed. Instead cycle lanes for non-existent cyclists in UK. UGH!

And over £1bn on the policy, not their money of course.

The Times on 9 March p10 “Drivers face fines for overtaking close to cyclists.” Later in the article, “Jesse Norman, the transport minister with responsibility for cycling, said ‘we need to become a nation of cyclists and this government wants to make cycling the natural choice of transport for people of all ages and backgrounds.’” !!!

I am sorely provoked. I must return to cyclists. They provide just one more example of egocentrics thinking that everyone else wants what they want, when they don’t,  and misusing the words Equality and Human Rights to claim it, here auto-phobic egocentrics. They combine that with an enormous amount of wishful thinking and totally ignore the needs of the Car Industry and everyone else.

“Our NHS, Our Legal System, Our Parliament, “the envy of the world.” Are they?” Must wait.

Meanwhile, they’ve all the way to go in Newcastle.

Here are the National Cycling to Work stats for Newcastle 1,781 in 2001 rising to 3,223 in 2011. No cycle lanes the excuse? Well, look at John Dobson Street when you provide one. It’s known locally as a skateboard park. Sustrans, the Cycling lobby – authors of “Urban Planning for Dummies–  has persuaded the Department of Transport to make them a national transport planner; they are a long way away in Bristol where they are based – the City they have made Britain’s first Cycling City. There an increase of 62% in cycling accidents since.

I am sure that cyclists, and Sustrans in particular, believe that they have an equal right to be on the road as everyone else and, austerity or no austerity, that the State should provide as much money and cause as much gridlocking, time-wasting inconvenience to others as it takes to enable them to do so safely. No responsibility to pay road tax, no obligation to provide 3rd party insurance notwithstanding.

And this is where they go fundamentally wrong.

The Relativity of many Human Rights

When it comes to Colour, Race, Religion, Voting and Gender-pay the equality of your right is absolute, unquestioned. Positive or negative discrimination should be off limits.

Everywhere else, there is a hierarchy of rights, nowhere more so than on roads and pavements. Everywhere else other people have their rights too. The failure to see this bankrolls human rights lawyers who raise people’s expectations and feed off the disillusionment and aggro’ that follows.. And closing over 100 special schools in the UK  ignoring that another illustration. Rights of some are relative to the Rights of others and fair play should reconcile them. Forget Equality here.

Take roads. First in the hierarchy security vehicles, ambulances, fire engines, and police cars, then buses, then taxis, then vans and delivery vehicles, then cars and last cyclists because, in the UK, they are a significant minority with weather inclement, contours hilly, and many busy, narrow, twisting roads dangerously unsuitable for them.

On pavements, unless on a lane specifically designated for them, they have no rights whatsoever, although you may sometimes wonder whether they know that.

In short, here their rights are relative to the rights of others not absolute, and fair play not equality should be the guiding light in providing for them, in deciding how much to spend.

And see where it leads you when you don’t understand this. The headline in the article. I must ask some questions here. Will cyclists be fined for cycling too close to a vehicle when they clip a driving mirror as they pass? Will they be fined if they ride two abreast or more on a busy road? Will they be fined if they ride through a red light or slalom through traffic?

They should wear helmets; of course, they should. But you can’t make this compulsory and hope to hire out cycles in city centres. So, the danger of serious accident and mortality without a helmet will continue, only more so as you encourage more people to cycle.

HSBC currently puts out ads at share-holder expense wanting to double the number of cyclists on the road by 2020. Who, I wonder, put them up to that?

Wishful thinking costs lives

It may contribute to combatting obesity but any gain to the NHS will be offset by the accidents and fatalities they cause. Any contribution to saving the planet miniscule unless you are a particularly optimistic wishful thinker.

Electric Motoring Revolution is on the doorstep. The urgent need is charging points. That is what the Department of Transport should be focussing on. The new generation of electric cars will make roads healthier and safer. Won’t do anything for obesity. I shall have something to say about that next time.

With Brexit, when the cat’s away, the mouse will play. There are far too many blind mice, and most of them are in Whitehall, in the Department of Transport.

PS Times March 12 page 22 “The Department of Transport spokesman said that more than 11,500 public charging points had been installed, including 900 rapid chargers.” With all leading motor manufacturers announcing plans for hybrid and electric cars, plus Dyson and Apple, how many charging points will we need by 2020?

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The UK’s Cycling Scandal and the Chronic inertia in High Places – continued

I have focused all my attention on the cycling cock-up on Gosforth High Street and the Folly that is John Dobson Street in Newcastle; but the real problem with cycle lanes is not in Newcastle.


Newcastle simply did what they were paid to do; but they did it with relish and abandonment. Hence my criticism of their maladministration that the Local Government Ombudsman said did not exist, and Bindmans LLP thought that my 100+ page dossier detailing it was of no arguable substance for judicial review and “bound to fail.”

The problem is that UK Governments have no reverse gear when all the evidence suggests that new urban cycle lanes on narrow, already congested highly polluted roads is madness; the entire focus should now be planning the arrival of the new generation of autonomous electric vehicles with charging points and parking places freeing town and city centres from pollution in just three or four years time.

Why must the dead hand of the past control the present and the future?

There is a convention that once a Minister makes a policy statement it must happen. A Manifesto pledge is given and, if from the Government, it too must happen. An Act of Parliament is a direction to the Executive to deliver it. A new sacrosanct Human Right is created, and it must be respected even if other rights conflict with it.

But what if it is ill prepared – very ill advised – extremely naïve – or just plain stupid? What if it has been hijacked by handful of political zealots or a lobby?

No criticism is allowed. It is too late. No damage limitation. It is an admission of weakness and official fallibility. Checks and balances are permanently out of order. They are a nuisance. No post mortems. Protect backs, and save faces – hundreds of them. Media focuses on Rip Off Britain in Private Sector never in the Public sector. Public Sector is good – Private Sector and its profit motive bad, but the Left’s ideological denial of the State’s gross abuse of power far, far greater than any abuse by private enterprise, is mind-blowing in its sublime ineptitude.

So, protect the reputation of British Civil Service as the best in the world – it may or may not be – but meanwhile, we must all suffer the consequences for ever from its uncorrected cock-ups, and throw away taxpayers money as though it grew on rhododendron trees.


In my retirement I see this with 360-degree vision. I quote T S Eliot in Four Quartets, Little Gidding 1942 that I preface the Prologue to my book Death of a Nightingale

“We shall not cease from exploration And the end of all exploring Will be to arrive where we started And know the place for the first time.”

This is me.

I have witnessed two acts of political lunacy at very close quarters, not just one – one the act of the Newcastle City Council, the other the act of the Sunderland City Authority; but both enthusiastically pursuing policies driven from London. They made me think as never before.

It has gives me some satisfaction to have helped local residents and traders in Gosforth Newcastle persuade the City Council drop their plan to put cycle lanes and red lines on Gosforth High Street for non-existent cyclists, narrowing and further congesting a main arterial road and putting at health & safety risk any cyclists who would have used the cycle lane and inhaled toxic diesel fumes from ever slower moving traffic. They would seem to have done so.

It has given me even more satisfaction to have helped in Sunderland the parents of Barbara Priestman School for physically disabled children in their successful campaign to keep their school open when nationally the policy was to close it,

I did not need to do any of this. I shall explain at the end the gruesome reason why I did so and why I write what follows. I flag up a chronic malaise where a relatively small number of people cock things up permanently for the rest of us.

With cycling, it is a Chicken and Egg situation. Nick Clegg, then LibDems Deputy Prime Minister in the Coalition Government, is the Chicken, and Sustrans, the National Cycling Charity and Cycling Lobby, the Egg. It doesn’t matter which came first.

Nick Clegg as Deputy PM, publicly announced Government policy to double the number of cyclists on UK’s roads by 2020. Maybe he wanted to reconnect LibDems with the student vote he had lost with his broken pledge on student loans. Meanwhile Sustrans had as its vision that one driver in five would give up his or her car for a cycle for all short journeys if there were cycle lanes to cycle on. A toxic mix if ever there was one. Sustrans, with its Vision Zero, totally ignores the increase in accidents to cyclists of over 60% in recent years in Bristol, Britain’s First Cycling City and their own home base. Egocentrity OTT.

In the Prologue to Death of a Nightingale, having spent three years working professionally for the Liberal Party in Victoria Street in London, I wrote: “I shared with him my view as to the Achilles Heel of the Liberal – naïveté.” Here was another prime example. No health & safety examination. No joined up thinking with urban pollution and the VW scandal. No market research or test marketing so far as I can see. Just a simple assumption that what works in Copenhagen and Amsterdam would work in UK’s narrow winding urban and rural roads. Save the planet. Combat obesity. Just the simplistic Liberal DIY quick-fix approach to complex problems.

And with Sustrans no 360 degree vision, more like 10 degree vision – not in their line of sight an aging population, the lifestyles of people very different from their own and the coming of the autonomous electric cars. All of this as far from their little minds as Robinson Crusoe on his desert island was from the real world.

The same is true, I suspect, of the upper echelons of the Civil Service, I guess ex public school, ex Oxbridge, ex real world, relatively young, starry eyed and, in London, probably can be seen riding bicycles to work. Book-wise yes. Street-wise I suspect almost totally lacking.

Thus the Department of Transport endorsed all this and now do their best to implement it with the Treasury opening its coffers. Over a billion pounds made available to Sustrans and others directly and indirectly via local authorities bidding for it.

The following is sheer bureaucratic folly and I quote it in its entirety. Note the carefully detailed costings.

They actually boast a plan for 2040! Five Year Plans were bad enough for those who can remember Stalin’s 5 Year Plans n Russia and George Brown’s here in the UK.

The government has published its £1.2 billion long-term plan to make cycling and walking the natural choice for shorter journeys.

The government wants cycling and walking to become the norm by 2040 and will target funding at innovative ways to encourage people onto a bike or to use their own two feet for shorter journeys.

Plans include specific objectives to double cycling, reduce cycling accidents and increase the proportion of 5 to 10 year-olds walking to school to 55% by 2025.

The £1.2 billion is allocated as follows:

£50 million to provide cycling proficiency training for further 1.3 million children

£101 million to improve cycling infrastructure and expand cycle routes between the city centres, local communities, and key employment and retail sites

£85 million to make improvements to 200 sections of roads for cyclists

£80 million for safety and awareness training for cyclists, extra secure cycle storage, bike repair, maintenance courses and road safety measures

£389.5 million for councils to invest in walking and cycling schemes

£476.4 million from local growth funding to support walking and cycling

In addition, the government is investing an extra:

£5 million on improving cycle facilities at railway stations

£1 million on Living Streets’ outreach programmes to encourage children to walk to school

£1 million on Cycling UK’s ‘Big Bike Revival’ scheme which provides free bike maintenance and cycling classes

And for an illustration of built-in chronic inertia it would be difficult to beat this:

“Under the Infrastructure Act 2015 , the government is required to set a ‘Cycling and walking investment strategy’ for England. This is the first of a series of shorter term, 5 year strategies to support the long-term ambition to make walking and cycling the natural choice for shorter journeys by 2040.”

The insanity is entrenched. It will need another Act of Parliament to undo the damage.

Meanwhile what they should be doing is planning charging points and parking places for electric autonomous cars, pollution free, due to arrive in the 2020’s in ever increasing numbers.


With Special Educational Needs, few know that the start was a little amendment put in Labour’s 1976 Education Act in a forty minute debate in the House of Lords. This way a small clique of egocentric zealots determined the line of travel for special educational needs provision in the Warnock Report two years later with its harmful legacy to this day.

One size was to fit all. No account of human fallibility – kids and their teachers. Continuing classroom disorder and likelihood of bullying ignored. The cost of extra help for mainstream – Non Teaching Assistants up from about 50,000 to over 265,000, partly for this, not anticipated. Rights of children with special needs created. Rights of children without special needs ignored.

For my sins I take Times Ed waiting for the light to dawn. It never does.

Equalise, Equalise Equalise – Homogenise. Homogenise. Homogenise.

I have written about this at length.


If Britain is to go it alone after Brexit, it needs to be fit to travel. Currently it isn’t.


Helena Kennedy QC is a Human Rights lawyer and Labour Peer. She chaired the Power Inquiry in 2004 to investigate the decline in popular participation and involvement in formal politics, and in its report in 2006 made 30 recommendations.

I don’t know what has happened to them since – I suspect not much – but, as I continue with this post, I am going to make some suggestions to deal with the problem I have outlined, I am going to challenge her to endorse my them. I hope you will help me gain her active support for them in the Lords.