Please ask for:
Ed Smith
Direct Line:
0116 252 7605
E-mail: [email address]
Fax:
(0116)
252
7936
Our
Ref:
FOI
2437
Date:
05th February 2009
Mr Robert Eriksohn
[email address]
Dear Mr Robert Eriksohn
FREEDOM OF INFORMATION ACT 2000 – Concessionary Travel Passes. Your request for information has now been considered and the Council’s
response is shown below.
1. Does your authority provide concessionary travel passes to those
individuals registered with their local Social Services department as disabled
on the grounds of being a mental health user or survivor?
Response – No.
2. If your authority does have such arrangements why was the decision taken
to extend the scheme in this way and what arrangements are in place?
Response – Not applicable because the Council does not have the
arrangements in place. Please treat this as the statutory notice required by
S17.1 of the Act because of S1.1 – information not held.
3. If your authority does not have such arrangements does your authority
have some other arrangement beyond the statuary minimum to provide
passes to those with mental health issues?
Response – No.
4. If your authority does not have such arrangements why was the decision
taken not to extend the scheme in this way and has consideration been given
to extending the scheme in this way in the future?
Response – Leicester City Council only currently provides concessionary
travel passes to those with mental health issues who can show that they
qualify through the statutory criteria: that is, people who are medically unfit to
hold a driving licence due to mental illness.
Within concessionary travel legislation - the Transport Acts 1985 and 2000
and the Concessionary Bus Travel Act 2007 - there are no powers available
to extend this generally to all people with mental illness.
In order to issue to all those registered with Social Services as having mental
health issues, the Council would therefore have to be satisfied that all those
people would be likely to be refused a driving licence on medical grounds.
Guidance about eligibility for disabled persons' travel concessions issued by
the Government recommends that in the case of those with severe mental
disorder seeking a concession on the grounds of being medically unfit to
drive, cases should be assessed individually and if there is doubt about
whether someone would be refused a driving licence, independent medical
advice should be sought. This contrasts with the advice given in the case of
blind or partially sighted or profoundly or severely deaf people, where local
authorities are advised to consult Social Services registers, and implies that
the use of the registers is not appropriate in assessing those with severe
mental disorder.
There are impediments to widening the scheme to those falling outside the
statutory criteria, even if powers could be found under other legislation to do
so. In particular, the Council would not be able to issue English National
Concessionary Travel Scheme passes to non-statutory pass recipients. This
might both be confusing for bus operators and drivers and highlight that pass
holders had a particular type of disability. In addition, the City Council would
have to make funding available for such an extension to the Scheme.
5. Would it be possible to provide copies of any relevant policy documents
you may have?
Response – Not applicable. No such documents exist. Please treat this as
the statutory notice required by S17.1 of the Act because of S1.1 –
information not held.
The legislation allows you to use the information supplied for your own
personal use. Please be aware that any commercial or other use, for example
publication, sale, or redistribution may be a breach of copyright under the
Copyright, Designs and Patents Act 1988 as amended unless you obtain the
copyright holder's prior permission.
Not all the information that is supplied which is covered by copyright will be
the Council's copyright, for example it may be the copyright of a government
department or another Council. You should seek either the Council’s consent
or their consent as appropriate. The Council is willing to advise you of any
such potential issues on request. In order to make a request to re-use the
information please contact me using the details below.
If you are dissatisfied with the handling of your request please contact me at:
Information Governance Legal Services
Leicester City Council, FREEPOST (LE985/33) New Walk Centre, LEICESTER LE1 6ZG e-mail:
[email address]
You can also complain to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk
Please be aware that the Information Commissioner does not normally
consider appeals or complaints until the internal appeals and complaints
processes of the public authority which is answering the request have been
exhausted. You are therefore advised to complain or appeal to me at the
above address before contacting the Commissioner.
Please be aware also that I act as the single point of contact with applicants
for requests for information. The above has therefore not necessarily been
produced by me of my team. If you do have any concerns with the
information provided in this letter please do not hesitate to contact me.
Yours sincerely
Ed Smith
Head of Information Governance
Legal Services
