Freedom of Information Request P0005355

Julie Shrive

mailto:[FOI #14538 email]]

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Deborah Walker

Disabled Persons Transport Advisory Committee

Zone 2/23 Great Minster House

76 Marsham Street

London

SW1P 4DR

Web Site: www.dptac.gov.uk

Our Ref:

14 July 2009

Dear Ms Shrive

Freedom of Information request - DISCRETIONARY - URGENT ISSUES re: DISCRIMINATION

I am writing in response to your request dated 13 July, which asks:

“Who oversees and sorts out issues connected with Motobility

discriminating against the discretionary via process?

Consequently I have not had assessment & lost £1000s being

hoodwinked on line[ trading standards??} as to portability & having

to keep a disabled electric scooter in drive when raining all day

when told could put in hatchback . .

Needed urgent assistance yet Motobility did not get in contact

after awarded higher rate mobility DLA. Only found out after &

realised needed van could drive scooter in - only new ones have- as

no carer. After being told scooter was portable for someone with

problems[ cardiac]

But said had backlog & needed urgently so had to buy second hand

one & have hoist put in which can't manage easily as also dyspraxic

and damaging scooter.

Needless to say had to sell brand new car at a loss and never to

this day has anyone been willing to address financial loss matters

including MP .

I feel this is unfair & discriminatory since banks make millions

through the scheme yet cannot address issues/problems

urgently.Likewise Charity Commission .”

Your Freedom on Information requests does not appear to be asking for details relating to the work of DPTAC. It appears to be a complaint about services provided to you by a third party and your consequent financial loss.

DPTAC is an advisory body to the Secretary of State for Transport, therefore we do not handle personal complaints relating to third parties. We can only provide information on subject matters that we hold information on. For this reason we are unable to provide a response to your request

If I have misunderstood the details of your request for information and you would like to resubmit your request giving further details, I have attached a guidance note to help you to do that. This has been issued by the Information Commissioner's Office to help members of the public make requests to public authorities under FOI.

Yours sincerely,

Deborah Walker

Annex A

1 General right of access to information held by public authorities

(1) Any person making a request for information to a public authority is entitled—

(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him.

(2) Subsection (1) has effect subject to the following provisions of this section and to the provisions of sections 2, 9, 12 and 14.

(3) Where a public authority—

(a) reasonably requires further information in order to identify and locate the information requested, and

(b) has informed the applicant of that requirement,

the authority is not obliged to comply with subsection (1) unless it is supplied with that further information.

(4) The information—

(a) in respect of which the applicant is to be informed under subsection (1)(a), or

(b) which is to be communicated under subsection (1)(b),

is the information in question held at the time when the request is received, except that account may be taken of any amendment or deletion made between that time and the time when the information is to be communicated under subsection (1)(b), being an amendment or deletion that would have been made regardless of the receipt of the request.

(5) A public authority is to be taken to have complied with subsection (1)(a) in relation to any information if it has communicated the information to the applicant in accordance with subsection (1)(b).

(6) In this Act, the duty of a public authority to comply with subsection (1)(a) is referred to as “the duty to confirm or deny”.