Lists of Accessible Taxis under S167 Equality Act 2010

Doug Paulley made this Rhyddid Gwybodaeth request to Southampton City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Southampton City Council,

1) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010.

2) Please identify how many a) taxi and b) PHV drivers have applied for medical / physical impairment exemption under S166 of the Equality Act 2010 since S166 was commenced. If you've created a list under S167, please identify how many of the exemptions were in place before S167 and how many have been put in since.

3) Please state whether you voluntarily compiled a list of accessible taxis and private hire vehicles following the Department for Transport's guidance of 15th September 2010, which stated, in relation to section 167, “although the list of designated vehicles will have no actual effect in law until the duties are commenced, we would urge licensing authorities to start maintaining a list as soon as possible for the purpose of liaising with the trade and issuing exemption certificates”. If you did produce such a voluntary list, please indicate when you did so, and provide the current list.

If you have produced a list of wheelchair accessible taxis and/or private hire vehicles under S167, or are going to, please tell me the following.

4) The date the list was instated or by which you intend to do so.

5) The accessibility requirements of a taxi for it to appear on the list.

6) How you intend to enforce drivers' compliance with S165.

7) The list.

Yours faithfully,

Doug Paulley

Information, Southampton City Council

Thank you for contacting Southampton City Council.

Your enquiry will be passed to the relevant team/officer for action.

If you have made a request for information, you will receive a response
promptly, and within the statutory timeframe for compliance. Once your
request has been logged, you will receive further details of this, and you
may be contacted if we require further information from you.

If you have any queries, please contact the Council's Corporate Legal Team
on 023 8083 2129.

Information, Southampton City Council

Dear Doug Paulley,

 

Thank you for your Freedom of Information request received on 24/05/2017.
It has been determined that you have requested the following information:

 

1) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:

a) taxis

and

b) private hire vehicles

under the powers set out in S167 of the Equality Act 2010.

 

2) Please identify how many a) taxi and b) PHV drivers have applied for
medical / physical impairment exemption under S166 of the Equality Act
2010 since S166 was commenced. If you've created a list under S167, please
identify how many of the exemptions were in place before S167 and how many
have been put in since.

 

3) Please state whether you voluntarily compiled a list of accessible
taxis and private hire vehicles following the Department for Transport's
guidance of 15th September 2010, which stated, in relation to section 167,
“although the list of designated vehicles will have no actual effect in
law until the duties are commenced, we would urge licensing authorities to
start maintaining a list as soon as possible for the purpose of liaising
with the trade and issuing exemption certificates”. If you did produce
such a voluntary list, please indicate when you did so, and provide the
current list.

 

If you have produced a list of wheelchair accessible taxis and/or private
hire vehicles under S167, or are going to, please tell me the following.

 

4) The date the list was instated or by which you intend to do so.

 

5) The accessibility requirements of a taxi for it to appear on the list.

 

6) How you intend to enforce drivers' compliance with S165.

 

7) The list.

 

If this is not correct, please contact [1][email address]
to clarify your request as soon as possible.

 

Unless clarified otherwise, your request is being dealt with under the
terms of the Freedom of Information Act 2000, and will be forwarded to the
service area(s) holding the information. Your request will be answered
promptly, and within twenty working days of the date your request was
received.

 

Please note, the service area(s) holding the information may need further
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The Council now publishes responses to requests made to it under the
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The Council also routinely publishes information on its Publication
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[3]http://www.southampton.gov.uk/council-de...

 

If the information you have requested in your current request has been
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Regards,

 

Nathan Matterson
Modern Apprentice (Business Administration and Information Law)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[4]@SouthamptonCC    [5]facebook.com/SotonCC

 

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
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is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

FOI-1718-0196-018623/00610256

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Giany, Gurpreet, Southampton City Council

3 Atodiad

Dear Doug

 

Please find attached Southampton City Council’s response to your FOI
request.

 

Kind Regards

 

 

Gurpreet Giany

Business Support Officer

Business Support Service

Southampton City Council

 

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Dear Southampton City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Southampton City Council's handling of my FOI request 'Lists of Accessible Taxis under S167 Equality Act 2010'.

I asked:

"1) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010."

You responded "We do currently produce a list and intend to continue to do so" and, in Question 7, pointed me to http://www.southampton.gov.uk/Images/WCA... . But that's not a S167 list. I specifically asked about a S167 list.

The DFT's statutory guidance has this to say about S167: https://www.gov.uk/government/uploads/sy...

"Whilst LAs are under no specific legal obligation to maintain a list under section 167, the Government recommends strongly that they do so. Without such a list the requirements of section 165 of the Act do not apply, and drivers may continue to refuse the carriage of wheelchair users, fail to provide them with assistance, or to charge them extra."

"Before drivers can be subject to the duties under section 165 of the Act, the LA must first publish their list of designated vehicles, and clearly mark it as ‘designated for the purposes of section 165 of the Act’. LAs should ensure that their designated lists are made easily available to passengers, and that vehicle owners and drivers are made aware. Lists should set out the details of the make and model of the vehicle, together with specifying whether the vehicle is a taxi or private hire vehicle, and stating the name of operator."

Your list is not clearly marked "designated for the purposes of section 165 of the Act". Do you have a list clearly marked "designated for the purposes of section 165 of the Act" and so on? If you do then you have a S167 list. If you don't then you don't have a S167 list, and taxi drivers in your area are not subject to the obligations set out in S165 of the Act, and your response to Q1 is incorrect.

In response to my questions about the date of instatement of the S167 list, the definition of accessible taxis and about enforcement, you state this is to be determined. That doesn't make sense: if you have a S167 list, as you state in Q1 you do, then the date is some point between 6th April 2017 (when the legislation was commenced) and now, and you must have a working definition of taxis. If you don't have a S167 list, please tell me when you will.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Doug Paulley

Information, Southampton City Council

Thank you for contacting Southampton City Council.

Your enquiry will be passed to the relevant team/officer for action.

If you have made a request for information, you will receive a response
promptly, and within the statutory timeframe for compliance. Once your
request has been logged, you will receive further details of this, and you
may be contacted if we require further information from you.

If you have any queries, please contact the Council's Corporate Legal Team
on 023 8083 2129.

Information, Southampton City Council

Dear Mr Paulley,

 

Thank you for your request for an internal review of your Freedom of
Information Request –  reference: FOI-1718-0196. I am sorry that you feel
your response was unsatisfactory. This request for review has been passed
to a senior officer for investigation and a response will be sent to you
within 20 working days.

 

If you have any further queries, please do not hesitate to contact us at
[1][Southampton City Council request email].

 

 

Regards,

 

Mike Cottam

Student Legal Assistant (Intern)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3468

Primary email: [2][email address]
[3]@SouthamptonCC    [4]facebook.com/SotonCC

 
This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

 

CL16-05-04-018719/00613088

 

dangos adrannau a ddyfynnir

Information, Southampton City Council

1 Atodiad

Dear Mr. Paulley,

 

Further to the email below, I can confirm that the review of your request
has been completed. I have discussed the matter with the service area, and
it appears that there was miscommunication between the service area and
the Council’s Business Support Service, who collate and send out
responses.

 

The service area have advised that the list published online is maintained
outside of the provisions of the Equality Act 2010, and whilst this is
referred to in the response, they are aware that this is not provided
under the powers set out in S167 of the Equality Act 2010, and it was
never their intention to assert otherwise.

 

I apologise for the inconvenience that this confusion has caused, and have
attached an updated response in light of my discussions with the service
area.

 

I trust that this now satisfies your request, but should you have any
further concerns, please don’t hesitate to contact me.

 

Alternatively, if you remain dissatisfied with the Council’s handling of
your request, you have the right to raise your concerns with the
Information Commissioner’s Office, who can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Fax: 01625 524510

Email: [1][email address]

 

Regards.

 

Chris Thornton
Information Lawyer (Data Protection Officer)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[2]@SouthamptonCC    [3]facebook.com/SotonCC

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

CL16-05-04-018719/00613876

 

From: Cottam, Michael On Behalf Of Information
Sent: 30 May 2017 16:42
To: 'Doug Paulley' <[FOI #408389 email]>
Subject: RE: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010 - CL16-05-04-018719

 

Dear Mr Paulley,

 

Thank you for your request for an internal review of your Freedom of
Information Request –  reference: FOI-1718-0196. I am sorry that you feel
your response was unsatisfactory. This request for review has been passed
to a senior officer for investigation and a response will be sent to you
within 20 working days.

 

If you have any further queries, please do not hesitate to contact us at
[4][Southampton City Council request email].

 

 

Regards,

 

Mike Cottam

Student Legal Assistant (Intern)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3468

Primary email: [5][email address]
[6]@SouthamptonCC    [7]facebook.com/SotonCC

 
This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

 

CL16-05-04-018719/00613088

 

dangos adrannau a ddyfynnir

Dear Information,

Thank you;

I'm still unclear. Can I ask you to please revisit my request?

I asked:

"1) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010."

You've now advised me that you don't hold a S167 list. Does the Council currently intend to produce one? It is likely, because the DFT have issued statutory guidance to which the Council must have regard, strongly advising the Council to create a S167 list by 6th October; but your response isn't clear in this respect.

Thank you.

Yours sincerely,

Doug Paulley

Information, Southampton City Council

Thank you for contacting Southampton City Council.

Your enquiry will be passed to the relevant team/officer for action.

If you have made a request for information, you will receive a response
promptly, and within the statutory timeframe for compliance. Once your
request has been logged, you will receive further details of this, and you
may be contacted if we require further information from you.

If you have any queries, please contact the Council's Corporate Legal Team
on 023 8083 2129.

Dear Information,

finally,

You now recognise that the list on the Council's website is a "voluntary" list, not a "s167" or "statutory" list. I wonder if you could please respond to this element of my original request:

"If you did produce such a voluntary list, please indicate when you did so"

Thank you

Yours sincerely,

Doug Paulley

Information, Southampton City Council

Thank you for contacting Southampton City Council.

Your enquiry will be passed to the relevant team/officer for action.

If you have made a request for information, you will receive a response
promptly, and within the statutory timeframe for compliance. Once your
request has been logged, you will receive further details of this, and you
may be contacted if we require further information from you.

If you have any queries, please contact the Council's Corporate Legal Team
on 023 8083 2129.

Information, Southampton City Council

Dear Mr. Paulley,

 

Thank you for your email. With regard to your query, in respect of the
Council’s response to your question “If you did produce such a voluntary
list, please indicate when you did so”, this information was included in
the response:

 

“The Council has been publishing this list since 2009”.

 

Whilst discussing your request with the service area, I did enquire
whether a more accurate date was held, but unfortunately, this is the only
information held in respect of this. I have, however, asked them for
details about when the list currently published online was last updated
(and the frequency), and will provide this to you when I have this
information.

 

With regard to your query in respect of the Council’s response to your
question “Does the Council currently intend to produce [a S167 list]?”,
this information was included in the response:

 

“A report is being prepared to be submitted to the Council’s Licensing
Committee for the approval to adopt a S167 list.

 

If agreed, the S167 list will be published. There is no fixed date for the
Licensing Committee to consider the report, however, but it is hoped this
will take place shortly.”

 

I accept, however, that this information was not provided in the Council’s
response to this specific question, but appeared elsewhere in the response
document.

 

At the time, I did query with the service area whether more information
was held in respect of this, but as it is not yet known when the report
will be put before the licensing committee, and adoption is contingent on
committee approval, a firm date for implementation is not yet known.

 

I trust that the above addresses your concerns, but should you require any
further information, please don’t hesitate to contact me.

 

Regards,

 

Chris Thornton
Information Lawyer (Data Protection Officer)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[1]@SouthamptonCC    [2]facebook.com/SotonCC

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

CL16-05-04-018719/00615865

 

dangos adrannau a ddyfynnir

Information, Southampton City Council

Dear Mr. Paulley,

 

Further to my email below, the service area have confirmed that the list
online was last updated in March 2016.

 

Regards,

 

Chris Thornton
Information Lawyer (Data Protection Officer)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[1]@SouthamptonCC    [2]facebook.com/SotonCC

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

CL16-05-04-018719/00621136

 

From: Thornton, Chris On Behalf Of Information
Sent: 07 June 2017 10:04
To: 'Doug Paulley' <[FOI #408389 email]>
Subject: RE: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010 - CL16-05-04-018719

 

Dear Mr. Paulley,

 

Thank you for your email. With regard to your query, in respect of the
Council’s response to your question “If you did produce such a voluntary
list, please indicate when you did so”, this information was included in
the response:

 

“The Council has been publishing this list since 2009”.

 

Whilst discussing your request with the service area, I did enquire
whether a more accurate date was held, but unfortunately, this is the only
information held in respect of this. I have, however, asked them for
details about when the list currently published online was last updated
(and the frequency), and will provide this to you when I have this
information.

 

With regard to your query in respect of the Council’s response to your
question “Does the Council currently intend to produce [a S167 list]?”,
this information was included in the response:

 

“A report is being prepared to be submitted to the Council’s Licensing
Committee for the approval to adopt a S167 list.

 

If agreed, the S167 list will be published. There is no fixed date for the
Licensing Committee to consider the report, however, but it is hoped this
will take place shortly.”

 

I accept, however, that this information was not provided in the Council’s
response to this specific question, but appeared elsewhere in the response
document.

 

At the time, I did query with the service area whether more information
was held in respect of this, but as it is not yet known when the report
will be put before the licensing committee, and adoption is contingent on
committee approval, a firm date for implementation is not yet known.

 

I trust that the above addresses your concerns, but should you require any
further information, please don’t hesitate to contact me.

 

Regards,

 

Chris Thornton
Information Lawyer (Data Protection Officer)

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[3]@SouthamptonCC    [4]facebook.com/SotonCC

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

CL16-05-04-018719/00615865

 

dangos adrannau a ddyfynnir