Implementation of S167 lists of taxis - Previously A

Doug Paulley made this Freedom of Information request to Hinckley and Bosworth Borough Council as part of a batch sent to 107 authorities

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

The request was successful.

Dear Hinckley and Bosworth Borough 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 two similar requests to you, one in April 2017 and one in November 2017. I am now requesting an update to assess the impact of implementing this legislation, 12 months after it was commenced. Please note: this request is not identical to my previous requests and in any case asks for updated information as of the time of sending the request. It is therefore not appropriate to respond simply "see previous answer" or "situation unchanged".

In response to my previous FOI request on similar matters in November 2017, you indicated that you had implemented a S167 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 still 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 so, please provide information in response to the following questions 2a) to 2i):
2a) 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?

2b) 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?

2c) 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?

2d) 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?

2e) 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?

2f) 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.

2g) 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?

2h) 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?

2i) 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) 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."

3a) How many exemptions have you granted under S166 of the Equality Act 2010?

3b) 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?

3c) 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?

3d) Please provide a copy of your application form for driver exemption under S166.

3e) 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?

3f) How many appeals against refusal to issue S166 exemptions were successful?

4) 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?

Yours faithfully,

Doug Paulley

Faye Biddles, Hinckley and Bosworth Borough Council

Dear Mr Paulley,

 

Re: Freedom of Information request. Our ref: 4863

I acknowledge your request for information received on May 2018

 

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If appropriate, the information may be provided in paper copy. If you
require alternative formats, for example: language, audio or large print,
please let me know.

 

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

 

Kind regards

 

Faye Biddles

Information Governance Officer

Hinckley & Bosworth Borough Council

Hinckley Hub, Rugby Road, Hinckley, LE10 0FR

Telephone: 01455 255745

Email: [1][email address]  

 

This email and any files sent with it are confidential.
If this email isn't intended for you, please notify the sender immediately
and then permanently delete it.
You must not read, print, store, disclose, copy or take any other action
in respect of this email.
 
We routinely monitor incoming and outgoing email messages to ensure they
comply with Hinckley & Bosworth Borough Council's policy on the use of
electronic communications.
The contents of emails may have to be disclosed to a request under the
Data Protection Act 1998, Freedom of Information Act 2000 and/or the
Environmental Information Regulations 2004.
The views expressed by the author may not necessarily reflect the views or
policies of Hinckley & Bosworth Borough Council.
Attachments to email messages may contain viruses that may damage your
system.
Whilst Hinckley & Bosworth Borough Council has taken every reasonable
precaution to minimise this risk, we cannot accept any liability for any
damage you suffer as a result.
You are advised to carry out your own virus checks before opening any
attachment.
Save paper - only print this email if necessary.
Visit us online: www.hinckley-bosworth.gov.uk
Main office: Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR. Main
switchboard: 01455 238141

References

Visible links
1. mailto:[email address]

Faye Biddles, Hinckley and Bosworth Borough Council

2 Attachments

Dear Mr Paulley,

 

Please find attached our response to your information request.

 

Kind regards

 

Faye Biddles

Information Governance Officer

Hinckley & Bosworth Borough Council

Hinckley Hub, Rugby Road, Hinckley, LE10 0FR

Telephone: 01455 255745

Email: [1][email address]  

 

This email and any files sent with it are confidential.
If this email isn't intended for you, please notify the sender immediately
and then permanently delete it.
You must not read, print, store, disclose, copy or take any other action
in respect of this email.
 
We routinely monitor incoming and outgoing email messages to ensure they
comply with Hinckley & Bosworth Borough Council's policy on the use of
electronic communications.
The contents of emails may have to be disclosed to a request under the
Data Protection Act 1998, Freedom of Information Act 2000 and/or the
Environmental Information Regulations 2004.
The views expressed by the author may not necessarily reflect the views or
policies of Hinckley & Bosworth Borough Council.
Attachments to email messages may contain viruses that may damage your
system.
Whilst Hinckley & Bosworth Borough Council has taken every reasonable
precaution to minimise this risk, we cannot accept any liability for any
damage you suffer as a result.
You are advised to carry out your own virus checks before opening any
attachment.
Save paper - only print this email if necessary.
Visit us online: www.hinckley-bosworth.gov.uk
Main office: Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR. Main
switchboard: 01455 238141

References

Visible links
1. mailto:[email address]