S167 List of Accessible Taxis: update after 6 months - E previous no intent

Roedd y cais yn llwyddiannus.

Dear South Oxfordshire District Council,

I am writing this Freedom of Information Request in relation to your Council's compliance or otherwise with the Government's statutory guidance on implementation of S165-167 of the Equality Act, relating to taxi services for wheelchair users. All taxi licensing bodies are obliged under S167(6) to have "due regard" to the document "Access for wheelchair users to taxis and private hire vehicles: statutory guidance" at https://www.gov.uk/government/uploads/sy... . The questions I raise below should be interpreted as requests for recorded information under the Freedom of Information Act.

I have previously made a similar request to you in April 2017. 6+ months later, I am repeating the request with some variations. I am repeating because the Statutory Guidance states "We would expect these arrangements to take no more than a maximum of six months to put in place, following the commencement of these provisions" - "these provisions" having been commenced on 6th April.

In response to my previous FOI request on similar matters in April 2017, you indicated that you did not have any Section 167 lists and did not at that time have any intent to create such a list.

1) The Government guidance states: "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."
Please can you indicate whether you have changed your position since April, such that you do now have a list of wheelchair accessible taxis under your powers set out in Section 167 of the Equality Act 2010, and/or a list of wheelchair accessible private hire vehicles?

2) If you do now have such a list, please provide information in response to the following questions 2a) to 2j):
2a) On what date was it put in place?
2b) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?

2c) The statutory guidance states: "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."
Have you published your list? Is it marked "designated for the purposes of Section 165 of the Act"? Is the make and model of each vehicle listed? Is each vehicle identified as a taxi or a private hire vehicle? Is the name of the operator of each vehicle given in the list? Have you made owners and drivers of vehicles on the list aware that their vehicle has been listed?

2d) The guidance states: "it would also be helpful to include information about the size and weight of wheelchair that can be accommodated, and whether wheelchairs that are larger than a “reference wheelchair” can be accommodated."
Does your list include information on each vehicle as to the size and weight of wheelchair that can be accommodated, and whether wheelchairs larger than a "reference wheelchair" can be accommodated?

2e) The guidance states: "We encourage LAs to provide drivers of taxis and PHVs who are not exempt from the duties with clear guidance on their duties with respect to the carriage of passengers in wheelchairs, either as part of existing driver-facing guidance, or as supplementary communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?

2f) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running".
Have you updated such rules to make this clear?

2g) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list."
Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful.

2h) How many drivers has the authority prosecuted for discriminatory behaviour contrary to S165 of the Act? How many such prosecutions were successful? What were the sentences?

2i) How many drivers licensed by yourselves have been prosecuted by other people or bodies for failure to comply with S165 of the Act? How many such prosecutions were successful? What were the sentences?

2j) Where drivers have been prosecuted under S165 of the Act, thus affecting their standing as a "fit and proper person", what resultant disciplinary action have you taken in respect of their taxi or private hire vehicle drivers' licenses?

3) If you do not have a S167 list or lists now, please indicate if you intend to produce such a list.

4) If you don't have a S167 list but do intend to produce one, please provide information in response to questions 4a) and 4b) below.
4a) Please indicate when you intend to have the list in place.
4b) Where you have already made relevant decisions, please indicate whether you intend to comply with the elements of the statutory guidance set out in 2b) to 2f) above.

5) Irrespective of whether you have created a list or not or indeed whether you intend to create such a list, since 2010 you have been obliged to process applications under Section 166 of the Equality Act for driver medical exemptions from the duty to transport and not discriminate against wheelchair users. The Guidance states; "the Act allows LAs to grant exemptions from the duties to individual drivers. These provisions are contained in section 166, and were commenced on 1st October 2010."

5a) How many exemptions have you granted under S166 of the Equality Act 2010?

5b) The guidance states: "We understand that some licensing authorities have already put in place procedures for accessing and exempting drivers, and as an absolute minimum, we think that the evidence provided should be in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process applications for driver exemption under S166?

5c) The guidance states: "The Government’s view is that decisions on exemptions will be fairer and more objective if medical assessments are undertaken by professionals who have been specifically trained and who are independent of the applicant. We would recommend that independent medical assessors are used where a long-term exemption is to be issued, and that LAs use assessors who hold appropriate professional qualifications and who are not open to bias because of a personal or commercial connection to the applicant"
Have you appointed independent medical assessors to determine applications for medical exemption under S166?

5d) Please provide a copy of your application form for driver exemption under S166.

5e) The guidance states: "Section 172 of the Act enables drivers to appeal against the decision of a LA not to issue an exemption certificate. That appeal should be made to the Magistrate’s Court, or a sheriff in Scotland, and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?

5f) How many appeals against refusal to issue S166 exemptions were successful?

6) The guidance states: "We would therefore recommend that LAs also publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchair into a seat within the vehicle. It should be made clear however that this list of vehicles has not been published for the purposes of section 165 of the Act and drivers of those vehicles are therefore not subject to the legal duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchairs into a seat within the vehicle?

Thank you

Yours faithfully,

Doug Paulley

FOI South, South Oxfordshire District Council

Dear Mr Paulley
Thank you for your Freedom of Information request, which was received by
South Oxfordshire District Council on 4 November 2017.
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and that a response will
be sent to you within 20 working days.
The deadline for this will be 4 December 2017. 
The reference number for this request is South 17/519
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have an queries in the meantime,
please do not hesitate to contact the FOI team at [South Oxfordshire District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
www.whitehorsedc.gov.uk

--------------------------------------------------------------------------

From: Doug Paulley <[FOI #442999 email]>
Sent: 04 November 2017 01:09
To: FOI South
Subject: Freedom of Information request - S167 List of Accessible Taxis:
update after 6 months - E previous no intent
 
Dear South Oxfordshire District Council,

I am writing this Freedom of Information Request in relation to your
Council's compliance or otherwise with the Government's statutory guidance
on implementation of S165-167 of the Equality Act, relating to taxi
services for wheelchair users. All taxi licensing bodies are obliged under
S167(6) to have "due regard" to the document "Access for wheelchair users
to taxis and private hire vehicles: statutory guidance" at
[2]https://www.gov.uk/government/uploads/sy...
. The questions I raise below should be interpreted as requests for
recorded information under the Freedom of Information Act.

I have previously made a similar request to you in April 2017. 6+ months
later, I am repeating the request with some variations. I am repeating
because the Statutory Guidance states "We would expect these arrangements
to take no more than a maximum of six months to put in place, following
the commencement of these provisions" - "these provisions" having been
commenced on 6th April.

In response to my previous FOI request on similar matters in April 2017,
you indicated that you did not have any Section 167 lists and did not at
that time have any intent to create such a list.

1) The Government guidance states: "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."
Please can you indicate whether you have changed your position since
April, such that you do now have a list of wheelchair accessible taxis
under your powers set out in Section 167 of the Equality Act 2010, and/or
a list of wheelchair accessible private hire vehicles?

2) If you do now have such a list, please provide information in response
to the following questions 2a) to 2j):
2a) On what date was it put in place?
2b) The statutory guidance states "The Government therefore recommends
that a vehicle should only be included in the authority’s (S167) list if
it would be possible for the user of a “reference wheelchair” to enter,
leave and travel in the passenger compartment in safety and reasonable
comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered
wheelchair accessible for the purposes of the list?

2c) The statutory guidance states: "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."
Have you published your list? Is it marked "designated for the purposes of
Section 165 of the Act"? Is the make and model of each vehicle listed? Is
each vehicle identified as a taxi or a private hire vehicle? Is the name
of the operator of each vehicle given in the list? Have you made owners
and drivers of vehicles on the list aware that their vehicle has been
listed?

2d) The guidance states: "it would also be helpful to include information
about the size and weight of wheelchair that can be accommodated, and
whether wheelchairs that are larger than a “reference wheelchair” can be
accommodated."
Does your list include information on each vehicle as to the size and
weight of wheelchair that can be accommodated, and whether wheelchairs
larger than a "reference wheelchair" can be accommodated?

2e) The guidance states: "We encourage LAs to provide drivers of taxis and
PHVs who are not exempt from the duties with clear guidance on their
duties with respect to the carriage of passengers in wheelchairs, either
as part of existing driver-facing guidance, or as supplementary
communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?

2f) The guidance states: "We recommend that licensing authority rules for
drivers are updated to make clear when a meter can and cannot be left
running".
Have you updated such rules to make this clear?

2g) The guidance states: "Section 172 of the Act enables vehicle owners to
appeal against the decision of a LA to include their vehicles on the
designated list. That appeal should be made to the Magistrate’s Court, or
in Scotland the sheriff, and must be made within 28 days of the vehicle in
question being included on the LA’s published list."
Please tell me how many such applications have been made to the
Magistrates Court, and how many have been successful.

2h) How many drivers has the authority prosecuted for discriminatory
behaviour contrary to S165 of the Act? How many such prosecutions were
successful? What were the sentences?

2i) How many drivers licensed by yourselves have been prosecuted by other
people or bodies for failure to comply with S165 of the Act? How many such
prosecutions were successful? What were the sentences?

2j) Where drivers have been prosecuted under S165 of the Act, thus
affecting their standing as a "fit and proper person", what resultant
disciplinary action have you taken in respect of their taxi or private
hire vehicle drivers' licenses?

3) If you do not have a S167 list or lists now, please indicate if you
intend to produce such a list.

4) If you don't have a S167 list but do intend to produce one, please
provide information in response to questions 4a) and 4b) below.
4a) Please indicate when you intend to have the list in place.
4b) Where you have already made relevant decisions, please indicate
whether you intend to comply with the elements of the statutory guidance
set out in 2b) to 2f) above.

5) Irrespective of whether you have created a list or not or indeed
whether you intend to create such a list, since 2010 you have been obliged
to process applications under Section 166 of the Equality Act for driver
medical exemptions from the duty to transport and not discriminate against
wheelchair users. The Guidance states; "the Act allows LAs to grant
exemptions from the duties to individual drivers. These provisions are
contained in section 166, and were commenced on 1st October 2010."

5a) How many exemptions have you granted under S166 of the Equality Act
2010?

5b) The guidance states: "We understand that some licensing authorities
have already put in place procedures for accessing and exempting drivers,
and as an absolute minimum, we think that the evidence provided should be
in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process
applications for driver exemption under S166?

5c) The guidance states: "The Government’s view is that decisions on
exemptions will be fairer and more objective if medical assessments are
undertaken by professionals who have been specifically trained and who are
independent of the applicant. We would recommend that independent medical
assessors are used where a long-term exemption is to be issued, and that
LAs use assessors who hold appropriate professional qualifications and who
are not open to bias because of a personal or commercial connection to the
applicant"
Have you appointed independent medical assessors to determine applications
for medical exemption under S166?

5d) Please provide a copy of your application form for driver exemption
under S166.

5e) The guidance states: "Section 172 of the Act enables drivers to appeal
against the decision of a LA not to issue an exemption certificate. That
appeal should be made to the Magistrate’s Court, or a sheriff in Scotland,
and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?

5f) How many appeals against refusal to issue S166 exemptions were
successful?

6) The guidance states: "We would therefore recommend that LAs also
publish a list of vehicles that are accessible to passengers in
wheelchairs who are able to transfer from their wheelchair into a seat
within the vehicle. It should be made clear however that this list of
vehicles has not been published for the purposes of section 165 of the Act
and drivers of those vehicles are therefore not subject to the legal
duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to
passengers in wheelchairs who are able to transfer from their wheelchairs
into a seat within the vehicle?

Thank you

Yours faithfully,

Doug Paulley

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Dear FOI South,

What has happened to the response to my FOI request please? The 20 working day long-stop has passed.

Thank you

Yours sincerely,

Doug Paulley

FOI South, South Oxfordshire District Council

1 Atodiad

Dear Mr Paulley
I do apologise, the response you received from Vale of White Horse
District Council (Vale 17/720) also covers South Oxfordshire District
Councils response (South 17/519).
I have attached the original response. 
I am sorry for any inconvenience caused. 

Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire District Council
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 

--------------------------------------------------------------------------

From: Doug Paulley <[FOI #442999 email]>
Sent: 07 December 2017 19:43
To: FOI South
Subject: Re: Freedom of Information request - S167 List of Accessible
Taxis: update after 6 months - E previous no intent South 17/519
 
Dear FOI South,

What has happened to the response to my FOI request please? The 20 working
day long-stop has passed.

Thank you

Yours sincerely,

Doug Paulley

dangos adrannau a ddyfynnir

Dear South Oxfordshire District Council,

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

I am writing to request an internal review of South Oxfordshire District Council's handling of my FOI request 'S167 List of Accessible Taxis: update after 6 months - E previous no intent'.

You appear to have misunderstood what a S167 list is.

A S167 list is a list of "designated" wheelchair accessible vehicles under S165(3)(a) / S167(1) of the Equality Act. Such a list would be created with the sole intention of implementing the legislation such that drivers of vehicles on that list commit a criminal offence if they refuse wheelchair users, charge them extra, fail to provide appropriate assistance or fail to transport them in reasonable safety and comfort. The statutory guidance, to which the local authority are legally required to have "due regard", states that in order for this to be a valid list and to have the effect of putting drivers under those criminal law duties, the list must be marked as "designated for the purposes of Section 165 of the Act", and other technical specifications. Such a list can only be valid from 6th April 2017 and would be produced with the sole purpose of implementing S167 and S165 of the Act thus putting drivers under those obligations.

Any list created for general information of the public is not a S167 list. The point of the list is not to enable the public to differentiate between wheelchair accessible and non-accessible taxis, to avoid non-accessible taxis or to procure wheelchair accessible taxis. It is specifically and solely to put the drivers of those taxis under a criminal law obligation to accept wheelchair users, to not charge them more, to assist them and to transport them in relative comfort and safety.

If you have a S167 list, you would know that you had one and when it was implemented. It would have gone through your licensing committee. In fact, you are legally obliged to have put it to your licensing committee for consideration, so one ready source of the information I requested is the licensing committee papers. So please provide me from those papers the date that you implemented your S167 list.

NB: the statutory guidance, to which you are required to have due regard, states that a S167 list must be clearly labeled as "designated for the purposes of S165 of the Equality Act 2010" and must list each individual vehicle's registration number, make, model and operator. You state you publish such a list but I am unable to identify it on your website - the closest I can find is this, http://www.southoxon.gov.uk/services-and... which most definitely does not meet any of the obligations stated and thus isn't a S167 list. Am I missing something? Where is your S167 list of vehicles designated for the purposes of S165 of the Equality Act 2010 please? You state that you have one published...

Or have you provided me with inaccurate and irrelevant information, claiming that your existing list of firms who have some wheelchair accessible vehicles is in some way a "S167 list"?

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

Yours faithfully,

Doug Paulley

FOI South, South Oxfordshire District Council

Dear Mr Paulley,

Thank you for your request for an internal review. This request was
received by South Oxfordshire District Council on: 8 December 2017
Please accept this email as confirmation that your request has been
received. A response will be sent to you within 20 working days.
The deadline for this will be: 10 January 2018
The reference number for this request is: South 17/621
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have any queries in the meantime,
please do not hesitate to contact the FOI team at [email address]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire District Council
 

--------------------------------------------------------------------------

From: Doug Paulley <[FOI #442999 email]>
Sent: 08 December 2017 17:51
To: FOI South
Subject: Internal review of Freedom of Information request - S167 List of
Accessible Taxis: update after 6 months - E previous no intent
 
Dear South Oxfordshire District Council,

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

I am writing to request an internal review of South Oxfordshire District
Council's handling of my FOI request 'S167 List of Accessible Taxis:
update after 6 months - E previous no intent'.

You appear to have misunderstood what a S167 list is.

A S167 list is a list of "designated" wheelchair accessible vehicles under
S165(3)(a) / S167(1) of the Equality Act. Such a list would be created
with the sole intention of implementing the legislation such that drivers
of vehicles on that list commit a criminal offence if they refuse
wheelchair users, charge them extra, fail to provide appropriate
assistance or fail to transport them in reasonable safety and comfort. The
statutory guidance, to which the local authority are legally required to
have "due regard", states that in order for this to be a valid list and to
have the effect of putting drivers under those criminal law duties, the
list must be marked as "designated for the purposes of Section 165 of the
Act", and other technical specifications. Such a list can only be valid
from 6th April 2017 and would be produced with the sole purpose of
implementing S167 and S165 of the Act thus putting drivers under those
obligations.

Any list created for general information of the public is not a S167
list.  The point of the list is not to enable the public to differentiate
between wheelchair accessible and non-accessible taxis, to avoid
non-accessible taxis or to procure wheelchair accessible taxis. It is
specifically and solely to put the drivers of those taxis under a criminal
law obligation to accept wheelchair users, to not charge them more, to
assist them and to transport them in relative comfort and safety.

If you have a S167 list, you would know that you had one and when it was
implemented. It would have gone through your licensing committee. In fact,
you are legally obliged to have put it to your licensing committee for
consideration, so one ready source of the information I requested is the
licensing committee papers. So please provide me from those papers the
date that you implemented your S167 list.

NB: the statutory guidance, to which you are required to have due regard,
states that a S167 list must be clearly labeled as "designated for the
purposes of S165 of the Equality Act 2010" and must list each individual
vehicle's registration number, make, model and operator. You state you
publish such a list but I am unable to identify it on your website - the
closest I can find is this,
[1]http://www.southoxon.gov.uk/services-and...
which most definitely does not meet any of the obligations stated and thus
isn't a S167 list. Am I missing something? Where is your S167 list of
vehicles designated for the purposes of S165 of the Equality Act 2010
please? You state that you have one published...

[2]Wheelchair Accessible Vehicles - South Oxfordshire ...
www.southoxon.gov.uk
Contact the companies directly to book a vehicle. Not all vehicles are
suitable for all wheelchairs. Please discuss your individual requirements
with the operator ...

Or have you provided me with inaccurate and irrelevant information,
claiming that your existing list of firms who have some wheelchair
accessible vehicles is in some way a "S167 list"?

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

[4][IMG] [5]S167 List of Accessible Taxis: update ... - WhatDoTheyKnow
www.whatdotheyknow.com
Dear South Oxfordshire District Council, I am writing this
Freedom of Information Request in relation to your Council's
compliance or otherwise with the Government's ...

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------
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FOI officer questions # I just got here from the bottom of an FOI
request, what is going on? # Welcome! WhatDoTheyKnow is a free
service that helps ordinary members ...

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latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...

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be delayed.

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2. http://www.southoxon.gov.uk/services-and...
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Down, Andrew,

Dear Mr Paulley

Thank you for your request for an internal review of the council's
response to your request.

I have reviewed your request, and I have concluded that the council's
response was incorrect.  The council does not currently publish a list of
designated vehicles under s167 of the Equality Act 2010.

There is a list of disabled access vehicles published (on the council
website www.southoxon.gov.uk click Business, then Licensing,
then Licensing Registers, then Disabled Access Vehicles).  However, I
agree with you that this does not meet the criteria to be classed as a
s167 list.

I will follow this matter up with the licensing team.

Kind regards.

Andrew Down
Head of Devolution and Government
South Oxfordshire and Vale of White Horse District Councils
Phone (internal) 22300, (external) 01235 422300
Email [email address]
[1]http://www.southoxon.gov.uk
[2]http://www.whitehorsedc.gov.uk

--------------------------------------------------------------------------

From: Doug Paulley <[FOI #442999 email]>
Sent: 08 December 2017 17:51
To: FOI South
Subject: Internal review of Freedom of Information request - S167 List of
Accessible Taxis: update after 6 months - E previous no intent
 
Dear South Oxfordshire District Council,

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

I am writing to request an internal review of South Oxfordshire District
Council's handling of my FOI request 'S167 List of Accessible Taxis:
update after 6 months - E previous no intent'.

You appear to have misunderstood what a S167 list is.

A S167 list is a list of "designated" wheelchair accessible vehicles under
S165(3)(a) / S167(1) of the Equality Act. Such a list would be created
with the sole intention of implementing the legislation such that drivers
of vehicles on that list commit a criminal offence if they refuse
wheelchair users, charge them extra, fail to provide appropriate
assistance or fail to transport them in reasonable safety and comfort. The
statutory guidance, to which the local authority are legally required to
have "due regard", states that in order for this to be a valid list and to
have the effect of putting drivers under those criminal law duties, the
list must be marked as "designated for the purposes of Section 165 of the
Act", and other technical specifications. Such a list can only be valid
from 6th April 2017 and would be produced with the sole purpose of
implementing S167 and S165 of the Act thus putting drivers under those
obligations.

Any list created for general information of the public is not a S167
list.  The point of the list is not to enable the public to differentiate
between wheelchair accessible and non-accessible taxis, to avoid
non-accessible taxis or to procure wheelchair accessible taxis. It is
specifically and solely to put the drivers of those taxis under a criminal
law obligation to accept wheelchair users, to not charge them more, to
assist them and to transport them in relative comfort and safety.

If you have a S167 list, you would know that you had one and when it was
implemented. It would have gone through your licensing committee. In fact,
you are legally obliged to have put it to your licensing committee for
consideration, so one ready source of the information I requested is the
licensing committee papers. So please provide me from those papers the
date that you implemented your S167 list.

NB: the statutory guidance, to which you are required to have due regard,
states that a S167 list must be clearly labeled as "designated for the
purposes of S165 of the Equality Act 2010" and must list each individual
vehicle's registration number, make, model and operator. You state you
publish such a list but I am unable to identify it on your website - the
closest I can find is this,
[3]http://www.southoxon.gov.uk/services-and...
which most definitely does not meet any of the obligations stated and thus
isn't a S167 list. Am I missing something? Where is your S167 list of
vehicles designated for the purposes of S165 of the Equality Act 2010
please? You state that you have one published...

Or have you provided me with inaccurate and irrelevant information,
claiming that your existing list of firms who have some wheelchair
accessible vehicles is in some way a "S167 list"?

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

Yours faithfully,

Doug Paulley

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References

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2. http://www.whitehorsedc.gov.uk/
3. http://www.southoxon.gov.uk/services-and...
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Dear Down, Andrew,

I've written to the ICO about this one as well.

Dear ICO

Please conduct a S50 assessment of this request:

https://www.whatdotheyknow.com/request/s...

In response to my Freedom of Information Request, they indicated that
they have a designated list of wheelchair accessible taxis under the
powers set out under S167 of the Equality Act 2010. I disputed their
response as it was contradictory with other information they had
provided in response to this FOI request and also on their website, so
I requested an internal review.

In their internal review response, they indicated:

"I have concluded that the council's response was incorrect. The
council does not currently publish a list of designated vehicles under
s167 of the Equality Act 2010."

That answers that aspect, however that also means that they have
failed to provide much of the information I requested. They have not
provided information in response to these elements of my request:

"3) If you do not have a S167 list or lists now, please indicate if
you still intend to produce such a list.

"4) If you don't have a S167 list but do intend to produce one, please
provide information in response to questions 4a) and 4b) below. 4a)
Please indicate when you intend to have the list in place. 4b) Where
you have already made relevant decisions, please indicate whether you
intend to comply with the elements of the statutory guidance set out
in 2b) to 2f) above."

They simply answered "n/a" because they originally claimed to have a
S167 list - which they now admit they don't.

I have had considerable problems attempting to extract accurate
information from this Council, and its partner council Vale of White
Horse, in my FOI requests of April 2017 and November 2017. They have
proven to be remarkably abstruse, inaccurate, dilatory and unhelpful.
This is yet another symptom of the difficulties I have experienced.
You were involved in investigating their responses to my related
request in April 2017 under FS50687391 and FS50687386.

Please conduct an assessment under S50 of the Act, of their compliance
with their compliance with their obligation under S1 of the Freedom of
Information Act in regard to this new request.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

Dear Down, Andrew,

The ICO inform me that you intend to issue a further response, providing the information I requested but that you have so far failed to provide.

Please ensure when responding you indicate to which of your constituent public authorities your information relates, and that the response(s) are sent to the correct email addresses for each request.

Yours sincerely,

Doug Paulley

Down, Andrew,

Dear Mr Paulley

In answer to your original questions:

(3) Yes, the council does intend to produce a s167 list.

(4)(a) The intention is to carry out the work during the financial year
2018/19.

(4)(b) Yes, the council does intend to comply with the statutory guidance
as set out in your questions (2)(b) to (2)(f).

I believe we have now answered all of your questions.  Please accept my
apology for the poor response provided by the council up until this point.

Kind regards.

Andrew Down
Head of Partnership and Insight
South Oxfordshire and Vale of White Horse District Councils
Phone (internal) 22300, (external) 01235 422300
Email [email address]
[1]http://www.southoxon.gov.uk
[2]http://www.whitehorsedc.gov.uk

--------------------------------------------------------------------------

From: Doug Paulley <[FOI #442999 email]>
Sent: 31 January 2018 19:55
To: Down, Andrew
Subject: Re: Internal review of Freedom of Information request - S167 List
of Accessible Taxis: update after 6 months - E previous no intent
 
Dear Down, Andrew,

The ICO inform me that you intend to issue a further response, providing
the information I requested but that you have so far failed to provide.

Please ensure when responding you indicate to which of your constituent
public authorities your information relates, and that the response(s) are
sent to the correct email addresses for each request.

Yours sincerely,

Doug Paulley

dangos adrannau a ddyfynnir

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