An arthritis sufferer is claiming discrimination after being refused compensation for tripping on a footpath.

Rachel Smart, 59, says rheumatoid arthritis in her ankles and feet means she can not lift her feet as high as other people and council rules are penalising her for her disability.

Mrs Smart, of Norwich Drive, Lower Bevendean, sought compensation from Brighton and Hove City Council after breaking her ankle when she tripped on a pavement in London Road, Brighton, in June.

The council turned down her claim after measuring the unevenness of the pavement and finding there was a 15mm difference between the level of slabs, which falls within acceptable limits.

Mrs Smart, who plans to challenge the decision, said: "They may not consider the pavement to have been uneven enough but 15mm to me is like 25mm to everyone else. It's high to me because I can't lift my feet properly.

"I'm petrified to go out now. I don't know if I can safely use the pavements anymore."

A spokeswoman for the council said: "With wear and tear and the effects of the weather not all pavements are going to be perfectly smooth and we did not consider this something we could give compensation to.

"We appreciate Mrs Smart is registered disabled but do not believe we have been negligent. We have advised her that she can seek independent legal advice."

Almost a year after tripping on a pavement in Hangleton Road, Hove, and breaking her nose, pensioner Eugenie Simmons is still trying to claim compensation from the council.

Husband Maurice, of Holmes Avenue, Hove, said: "It's like a game of cat and mouse. I'd like to know how often the council pay out in these cases."

The city council paid out £16,222 in compensation for pavement accidents in the past financial year.

A spokeswoman said: "As long as the council has adhered to the provisions of the Highways Act and behaved in a reasonable manner it is unlikely it would be found liable for compensation.

"We regularly inspect the pavements across the city, especially in busy areas such as London Road. Where a defect is considered dangerous, it will be repaired as quickly as possible."