Dear Northampton 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 did not currently have any active plans to implement 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 have now implemented 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 still intend to produce such a list.

4) 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."

4a) How many exemptions have you granted under S166 of the Equality Act 2010?

4b) 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?

4c) 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?

4d) Please provide a copy of your application form for driver exemption under S166.

4e) 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?

4f) How many appeals against refusal to issue S166 exemptions were successful?

5) 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?

6) I am interested in why some local authorities have not decided to create a S167 list, despite the Government guidance advising they do so. Please tell me why you have not as yet decided to implement a S167 list.

Thank you

Doug Paulley

Dear Northampton Borough Council,

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

I am writing to request an internal review of Northampton Borough Council's handling of my FOI request 'Implementation of S167 lists of taxis - previously E'.

In response to my FOI request, you simply linked to your webpage at https://www.northampton.gov.uk/info/2000...

There are two problems with this: firstly I don't understand what that list is supposed to be on your webpage, and secondly the remainer of the information I requested is not present on your webpage.

S167 of the Equality Act 2010 states:

"Lists of wheelchair-accessible vehicles
For the purposes of section 165, a licensing authority may maintain a list of vehicles"
NB: a list of VEHICLES. Not a list of MODELS of taxis.
Are you contending that the list you provide on the webpage is a list for the purposes of S167 of the Equality Act? If so, you're obliged to pay due regard to the guidance produced by the Secretary of State, because Subsection 7 of Section 167 states:
"A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (6)."
The Secretary of State's guidance, which you link to from your webpage, 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’.
3.10 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."
To be valid, your list must be clearly marked as designated for the purposes of Section 165 of the Act, must state whether each vehicle is a taxi or a private hire vehicle, and must state the name of the operator. Your "list" at https://www.northampton.gov.uk/info/2000... fulfills none of these critera.

I have no idea whether you contend that you have a S167 list; or if you don't, whether you intend to have one, and why you haven't implemented one. Also the webpage does not provide the information I requested in the following elements of my request, at all:

'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 still intend to produce such a list.

'4) 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."

'4a) How many exemptions have you granted under S166 of the Equality Act 2010?

'4b) 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?

'4c) 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?

'4d) Please provide a copy of your application form for driver exemption under S166.

'4e) 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?

'4f) How many appeals against refusal to issue S166 exemptions were successful?

'5) 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?'

Please investigate a complaint that your response is such a mess and doesn't address the information request I submitted.

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

Yours faithfully,

Doug Paulley

Dear David Taylor,

I have already stated quite clearly, in my original request and in my internal review request, which information it is that the Council has failed to provide. See https://www.whatdotheyknow.com/request/i... .

323 other councils have managed to respond properly to my FOI request, with the information I requested. I don't suppose you fancy joining them, over 2 months since I sent it?

Yours sincerely,

Doug Paulley

Dear Requests,

You state that this is supposed to be a response to my request for internal review, yet your response doesn't appear to be such a response. Please explain?

The Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of the Freedom of Information Act 2000, issued under section 45 of the Act, at https://assets.publishing.service.gov.uk... states:

"The complaints procedure should provide a fair and thorough review of handling issues and of decisions taken pursuant to the Act ... The public authority should in any event undertake a full re-evaluation of the case, taking into account the matters raised by the investigation of the complaint."

One of the issues I raised within my request for review was that the "S167 list" you have provided appears to not be valid, and that I was confused as to its purported status. Yet you have not responded to this. Why?

The Code also says:

"Where the outcome of a complaint is that the procedures within an authority have not been properly followed by the authority's staff, the authority should apologise to the applicant."

You released information in response to my request for review, that you did not release in response to my original request. I take this as a tacit admission that you didn't respond to my original request correctly. So where's my apology?

The code further requires:

"Each public authority should publish its target times for determining complaints and information as to how successful it is with meeting those targets."

Given your failure to provide a proper response to my request for review, I think I shall require you to tell me where you publish these target times and information as to how successful you are with meeting these targets.

Thank you

Yours sincerely,

Doug Paulley