S167 List of Accessible Taxis: update after 6 months - D previously undecided

The request was successful.

Dear Cornwall 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 a Section 167 list and were currently undecided whether 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 now 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

Cornwall Council

Thank you for your Freedom of Information/Environmental Information Regulations (EIR) request - Reference FOI-101003459151. In normal circumstances we will provide a response within 20 working days of receiving your request.

In the majority of cases, the response will be sent to you from Cornwall Council. However, the Council has a number of wholly owned arm?s length companies and where the information is held by these companies, the request will be administered and responded to by the relevant company. This includes Cornwall Housing, CORMAC and Cornwall Development Company (CDC).

There may be some instances where we will need to contact you in the order to clarify parts of your request, or where the cost of dealing with your request is excessive due to the time involved in collating the information. If this is the case we will help you to narrow the request to take it under any cost limit. Under EIR Regulations, there are also instances where a charge may be applied for information that is not required to be routinely published. We will notify you if this is the case.

There are occasions when information may be withheld due to data protection issues or where the information is of a commercially sensitive nature or is deemed confidential. Where this is the case, we will apply an exemption under FOI or exception under EIR and clearly set out the reasons for withholding the information. Under FOI legislation, all responses are deemed to be released to the ?world at large?. Therefore when requesting information of which you may be aware of certain aspects, our response must be based on it being released into the wider public domain.

There may also be a small number of occasions where we may need to extend the 20 working day deadline. We will inform you if this is likely. More information can also be found on our Freedom of information pages using the following link: https://www.cornwall.gov.uk/council-and-...

Cornwall Council and its arm?s length companies are committed to open and transparent government and provide information to members of the public about all aspects of the Council and these companies. Over 4000 requests for information are received each year and it is estimated that the cost to the Council and its arm?s length companies of dealing with each request ranges between £150 and £350 to administer. You may be able to find the information by checking previous responses using http://www.cornwall.gov.uk/default.aspx?... or checking the Council?s website at www.cornwall.gov.uk.

Therefore if you do subsequently find the information you require by this method and no longer wish us to process your request, please let us know.

This e-mail and attachments are intended for above named only and may be confidential. If they have come to you in error you must take no action based on them, nor must you copy or show them to anyone; please e-mail us immediately at [email address].

Please note that this e-mail may be subject to recording and/or monitoring in accordance with the relevant legislation and may need to be disclosed under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.
Security Warning: It is the responsibility of the recipient to ensure that this e-mail and any attachments are virus free. The Authority will not accept liability for any damage caused by a virus.

Public Health & Protection - Freedom of Information Mail, Cornwall Council

3 Attachments

Dear Mr Paulley

 

Please find attached our response to your request under the Freedom of
Information Act 2000.

 

With kind regards

 

Helen Pascoe LL.B Dip LP

 

Freedom of Information Advisor

Neighbourhoods & Public Protection

Cornwall Council

Tel: 01872 323729

Internal: 493729

Email: [1][email address]

Second Floor, West Wing, Camborne One Stop Shop, Dolcoath Avenue,
Camborne, TR14 8SX

‘Onen hag oll’

 

Visit us as [2]www.cornwall.gov.uk or
[3]www.businessregulatorysupport.gov.uk

 

Please note my working hours are 9.30-2.30 Mon - Fri

 

[4]investorsinpeople_sig

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].

Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.

References

Visible links
1. mailto:[email address]
2. http://www.cornwall.gov.uk/
3. http://www.businessregulatorysupport.gov...

Dear Cornwall Council,

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

I am writing to request an internal review of Cornwall Council's handling of my FOI request 'S167 List of Accessible Taxis: update after 6 months - D previously undecided'.

You have not responded to several elements of my request.

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?

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

Freedom Of Information Mail, Cornwall Council

Dear Mr Paulley

 

Thank you for your e-mail.  We are sorry to hear that you are not happy
with the response to your recent request for information under the Freedom
of Information Act 2000 (FOI).

 

In order to fully reconsider your request we will now undertake an
internal review.  The case number remains as FOI-101003459151 which we
would kindly ask you to quote on all correspondence.

 

Please note that under FOI, a public authority has up to 20 working days
in which to respond to an internal review.  We therefore anticipate
responding to you on or before the 9^th January 2018.

 

If the internal review does not resolve the matter to your satisfaction,
you have the right to apply directly to the Information Commissioner’s
Officer, their contact details are:

 

FOI/EIR Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Email: [1][email address]

 

Kind regards

 

 

Rachel Pearce

Freedom of Information & Complaints Advisor

 

Customer Access and Digital Services

Customer & Support Services

Cornwall Council

[2][Cornwall Council request email]

01872 322223

 

4S, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY

[3]www.cornwall.gov.uk

 

Please let us know if you need any particular assistance from us, such as
facilities to help with mobility, vision or hearing, or information in a
different format.

Please consider the environment.  Do you really need to print this email?

 

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].

Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.

References

Visible links
1. mailto:[email address]
2. mailto:[Cornwall Council request email]
3. http://www.cornwall.gov.uk/

Dear Freedom Of Information Mail,

I've asked the ICO to conduct a S50 assessment of this request.

dear ICO

Please conduct a S50 assessment of the council's handling of this
request:

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

They haven't provided the information I requested in the following
elements of my request, nor have they cited a relevant exemption.

> 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?
>
> 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

On 7th December I asked them to conduct an internal review but they
haven't done so. Therefore please conduct a S50 assessment of their
failure to respond to the above elements of my FOI request.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

Public Health & Protection - Freedom of Information Mail, Cornwall Council

3 Attachments

Dear Mr Paulley  

 

Please find attached our response to your the Internal Review request and
supporting documentation.

 

With kind regards

 

Helen Pascoe LL.B Dip LP

 

Freedom of Information Advisor

Neighbourhoods & Public Protection

Cornwall Council

Tel: 01872 323729

Internal: 493729

Email: [1][email address]

Second Floor, West Wing, Camborne One Stop Shop, Dolcoath Avenue,
Camborne, TR14 8SX

‘Onen hag oll’

 

Visit us as [2]www.cornwall.gov.uk or
[3]www.businessregulatorysupport.gov.uk

 

Please note my working hours are 9.30-2.30 Mon - Fri

 

[4]investorsinpeople_sig

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].

Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.

References

Visible links
1. mailto:[email address]
2. http://www.cornwall.gov.uk/
3. http://www.businessregulatorysupport.gov...