Implementation of S167 lists of taxis - Previously D

The request was successful.

Dear Angus 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 were undecided whether 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.

Yours faithfully,

Doug Paulley

LEGDEM, Angus Council

Dear Mr Paulley

Thank you for your information request dated 2 May 2018 (received by Angus Council on 3 May 2018).

If we are unable to provide you with a response within 20 working days, we will advise you of this in writing.

Please refer to the information below which explains your right to complain if you are unhappy with how the Council is dealing with your request.

If you have any queries, please ask for me on 01307 476234 or email [email address]

Yours sincerely
Brenda Angus
_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ; [Angus Council request email]

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AngusBM,

Dear Mr Paulley
 
Request for Information
 
Thank you for your request for information dated 2 May 2018 (received by
the Council that same day) which has been passed to me for attention. 
 
You have requested the following information:
 
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?

Angus Council has not implemented a list of wheelchair accessible taxis
under 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?

Not applicable. See answer to 1) above.
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?

Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
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.
 
Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
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?
 
Not applicable. See answer to 1) above.
 
3) If you do not have a S167 list or lists now, please indicate if you
still intend to produce such a list.
 
Angus Council is currently considering whether to have a list in terms of
Section 167 of the Equality Act 2010.
 
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?

No exemptions have been requested or granted by Angus Council in terms of
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?

Angus Council does not have a procedure for processing requests in terms
of driver exemption in terms of S166 of the Equality Act 2010
 
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?
 
A: Angus Council has not appointed independent medical assessors to
determine applications for medical exemption under S166 of the Equality
Act 2010.
 
4d) Please provide a copy of your application form for driver exemption
under S166.
 
A: Angus Council does not have an application form for driver exemption
under S166 of the Equality Act 2010.
 
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?

A: Angus Council have had no appeals against decisions to refuse to issue
an exemption certificate.
 
4f) How many appeals against refusal to issue S166 exemptions were
successful?
 
A: Not applicable. See answer to 4e) above.
 
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?
 
Angus Council do not 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.
 
Angus Council is currently in the process of determining whether to create
a list a list of wheelchair accessible taxis under powers set out in
Section 167 of the Equality Act 2010 and is currently consulting with
relevant stakeholders to inform the Council prior to making a decision.
 
In compiling responses to information requests we invariably use
information which is routinely published on the Council’s website or
through its Publication Scheme.  If you require further information please
first check that the information you want is not routinely published as
any such information is exempt from release in terms of Section 25 of the
Freedom of Information (Scotland) Act 2002 or Regulation 6(1)(b) of the
Environmental Information (Scotland) Regulations 2004.
 
I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request. If you have any queries,
please contact me on 01307 476234 or e-mail [email address]
 
Yours sincerely,
Brenda Angus
_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus
Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN |
Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ;
[email address]
 

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