Mr Dough Paulley
Legal Services
The Business Centre, Futures Park, Bacup,
OL13 0BB
What do they know
This matter is being dealt with by:
Name: Abigail Wrench
Telephone: 01706 252459
Email: xxx@xxxxxxxxxxxx.xxx.xx
Our reference: JW/FOI/5664
Date: 05.12.2017
Dear Mr Paulley
RE:
FREEDOM OF INFORMATION ACT REQUEST
Thank you for your Freedom of Information request dated 4th November 2017.
I have considered your request under the Freedom of Information Act 2000, and
Rossendale Borough Council’s response is as follows:-
Your Request
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
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in Section 167 of the Equality Act 2010, and/or a list of wheelchair accessible private
hire vehicles?
Answer: At present we do not have a list under Section 167.
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?
Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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?
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Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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.
Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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?
Answer: Not applicable see Answer to Question One.
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It will be an attractive place to live where tourists visit and employers invest.”
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3) If you do not have a S167 list or lists now, please indicate if you now intend to
produce such a list.
Answer: Please see answer to Question One.
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.
Answer: Please see answer to Question One.
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.
Answer: Not Applicable.
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?
Answer: None
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?
Answer: Yes
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
“Rossendale will have strong communities with an enhanced environment and heritage.
It will be an attractive place to live where tourists visit and employers invest.”
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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?
Answer: No.
5d) Please provide a copy of your application form for driver exemption under S166.
Answer: Not applicable.
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?
Answer: None.
5f) How many appeals against refusal to issue S166 exemptions were successful?
Answer: None.
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?
Answer: No.
Right to Review
If you are unhappy with this response, you can request a review by writing to Mrs
Clare Birtwistle, Legal Services Manager, Rossendale Borough Council, The
Business Centre, Futures Park, Bacup, OL13 0BB, or email,
xxxxxxxxxxxxxxx@xxxxxxxxxxxx.xx.xx
“Rossendale will have strong communities with an enhanced environment and heritage.
It will be an attractive place to live where tourists visit and employers invest.”
Keep up to date with Rossendale Borough Council vi
a www.rossendale.gov.uk or follow us on
@RossendaleBC
Rossendale Council
If you remain dissatisfied you have a right to appeal to the Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone 0303 123 1113 or 01625 54 57 45 or visit their website at
https://ico.org.uk/ There is no charge for making an appeal.
Yours sincerely,
Abigail Wrench
Legal Officer
“Rossendale will have strong communities with an enhanced environment and heritage.
It will be an attractive place to live where tourists visit and employers invest.”
Keep up to date with Rossendale Borough Council vi
a www.rossendale.gov.uk or follow us on
@RossendaleBC
Rossendale Council