Implementation of S167 lists of taxis - Previously D

The request was successful.

Dear Bolsover District 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

Alison Sipson, Bolsover District Council

Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:  [1][Bolsover District Council request email]
Date: 8th May 2018
 
Doug Paulley
[FOI #482076 email]
 
 
Dear Doug
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Your reference number – F/75/1819
 
Thank you for your email of 3rd May 2018 requesting information about
implementation of S167 lists of taxis.
 
Your request is being considered under the Freedom of Information Act
2000. We aim to answer your request within 20 working days from the date
we received it, as prescribed under the Act.  
 
For your information, the Act gives you the right to be told whether we
hold the information (subject to absolute exemptions). The Act also
defines a number of exemptions which may prevent release of the
information you have requested. You will be informed if this is the case,
together with your rights of appeal.
 
If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if we need more time
to do this.
 
A fee may be charged for disbursements. If a fee is to be charged you will
be notified in writing.
 
If you have any queries about this letter please do not hesitate to
contact us on the above contact details. Please remember to quote the
reference number above in any future communications.
 
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 
Telephone:   0303 123 1113
[2]www.ico.org.uk
 
Yours sincerely
 
Marie Romano
Information and Policy Officer
Performance and Communications
People Directorate
Bolsover District Council/North East District Council
Tel: 01246 217688 (Both Councils)
Web: [3]www.bolsover.gov.uk / [4]www.ne-derbyshire.gov.uk
 
 
 
 
 
 

show quoted sections

References

Visible links
1. mailto:[Bolsover District Council request email]
2. http://www.informationcommissioner.gov.uk/
3. http://www.bolsover.gov.uk/
4. http://www.ne-derbyshire.gov.uk/

Alison Sipson, Bolsover District Council

Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:   [Bolsover District Council request email]
Date: 24th May 2018
 
Doug Paulley
[FOI #482076 email]
 
 
 
 
Dear Doug
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Reference F/75/1819
 
Your request for information has been considered and, to the best of our
knowledge, the information we hold which relates to your request is as
follows:
 
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
[1]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?
 
We do hold the information you require but as per our previous responses
to your freedom of information requests, the Council has been reviewing
all of it’s polices relating to hackney Carriages and private hire
vehicles over the last few months and that review has included
consideration of the introduction of policies relating to the S167 List.
 
The draft policies, which include the adoption of a S167 List, have now
been considered by the Licensing Committee and they are due to be issued
for public consultation by the end of May 2018. Copies of the draft
policies will shortly be published on the Council’s website to enable
members of the public and interested parties to comment on their content.
 
Once the consultation period ends, Members will consider any comments
received during the consultation period and the policies (in their current
or a revised form) will then be implemented by the Council. The policies
should be published and live by the end of November 2018. Therefore, your
request is being exempted under Section 22 of the FOI Act. Please see
below.
 
Section 22 – Intended for future publication
I can confirm that Bolsover District Council holds the information
requested. BDC considers the information to be exempt under section 22
(information intended for future publication) because it will be published
at a future date. Therefore we will be applying Section 22 of the FOI Act.
Section 22(1) states “Information is exempt information if (a) the
information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not)”. As this is a qualified exemption,
consideration has been given as to whether the public interest in
maintaining the exemption is greater than providing the information. In
this instance, as the information is draft and subject to review and
amendment, the public interest in withholding the information in relation
to this exemption is greater than disclosing it.
In favour of disclosure:
 

* Disclosure would improve transparency.

 

* Disclosure of the information under FOIA would be consistent with the
Councils’ commitment to proactively publish data on matters of a wider
public interest.

 
 
Against disclosure:
 

* As the information may be of interest to the wider public it is
important it can be accessed simultaneously by the general public
rather than piecemeal by disclosure to a small number of individuals
under the FOIA.

 

* There was a settled intention to publish the draft Policy information
at the time the request was received. Early release of the requested
information would cause the department to have to do additional work
and involve additional resources which isn’t in the public interest.

 

* Since the draft Policy is due to be finalised and published on the
website for consultation at the end of May it seems reasonable in all
circumstances to hold off releasing draft information until this time.

 
In all the circumstances of the case I have therefore reached the decision
that the public interest in withholding this information in relation to
this exemption is greater than disclosing it. Please feel free to
re-submit your request for this information at the end of November where
we can reconsider it in full for disclosure.
 
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?
Not applicable. Please see response to question 1 above.
 
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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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. Please see response to question 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.
Not applicable. Please see response to question 1 above.
 
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?
Not applicable. See response to question 1 above.
 
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?
Not applicable. See response to question 1 above.
 
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?
Not applicable. See response to question 1 above.
 
4d) Please provide a copy of your application form for driver exemption
under S166.
Not applicable. See response to question 1 above.
 
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?
Not applicable. See response to question 1 above.
 
4f) How many appeals against refusal to issue S166 exemptions were
successful?
Not applicable. See response to question 1 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?
Not applicable. Please see response to question 1 above.
 
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.
Not applicable. Please see response to question 1 above.
 
 
I hope that you are satisfied with our response. However, if you are
dissatisfied in any way with the handling of your information request your
next step would be to clearly state in writing why you are dissatisfied
and the Council will treat this as a formal complaint in accordance with
our Compliments, Comments and Complaints policy. The policy together with
information on how to make a complaint is available on the Council’s
website [2]www.bolsover.gov.uk or by emailing CCCAdmin[3]@bolsover.gov.uk.
 
 
I also have a duty to make you aware of the Information Commissioner's
Office, which is an independent body who monitors the Data Protection Act,
the Freedom of Information Act and Environmental Information Regulations,
and make sure organisations fulfil their legal obligations under the
Acts.  They can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   0303 123 1113
[4]www.ico.org.uk
 
Yours sincerely
 
Marie Romano
Information and Policy Officer
Performance and Communications
People Directorate
Bolsover District Council/North East District Council
Tel: 01246 217688 (Both Councils)
Web: [5]www.bolsover.gov.uk / [6]www.ne-derbyshire.gov.uk
 
 

show quoted sections

References

Visible links
1. https://www.gov.uk/government/uploads/sy...
2. http://www.bolsover.gov.uk/
3. mailto:[email address]
4. http://www.ico.gov.uk/
5. http://www.bolsover.gov.uk/
6. http://www.ne-derbyshire.gov.uk/

Dear Bolsover District Council,

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

I am writing to request an internal review of Bolsover District Council's handling of my FOI request 'Implementation of S167 lists of taxis - Previously D'.

Your responses to sections 4 to 6 of my request have been exempted as not applicable as you have yet to decide whether to implement a S167 list. Yet as I made clear in my request, the questions apply irrespective to whether or not there is a current S167 list or will be one in the future.

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

CCC admin, Bolsover District Council

Link: [1]File-List

Direct Line:    01246 242353

Please ask for:          Ann Bedford

Our Ref:         BDC-2507

e-mail:            [2][email address]  

Date:   22nd June 2018

 

Mr D Paulley

[3][FOI #482076 email]

 

Dear Mr D Paulley

 

Re: Formal Complaint received on 22nd June 2018.

 

This is to acknowledge receipt of your complaint, which I received on 22nd
June 2018.

 

I will now be reviewing your complaint with Kath Drury, Information,
Engagement and Performance Manager.

 

Please note for your information that your complaint has been classified
as a Freedom of Information Internal Review complaint and as such I aim to
respond within 20 working days from the date it was received by us.

 

Please do not hesitate to contact Customer Service on 01246 242353 or
email [4][email address] if you require any further information
or assistance.

 

Yours sincerely

 

Ann Bedford

Customer Standards and Complaints Officer

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

show quoted sections

CCC admin, Bolsover District Council

1 Attachment

Link: [1]File-List

Direct Line:    01246 242353

Please ask for:          Ann Bedford

Our Ref:         BDC-2507

e-mail:            [2][email address]  

Date:   6th July 2018

 

Mr D Paulley

[3][FOI #482076 email]

 

Dear Mr Paulley

 

Re: Your complaint (FOI Internal Review) received on 22nd July 2018

 

I am writing further to your complaint (Internal Review) concerning the
response to your request for information (reference F/75/1819) about
‘implementation of S167 lists of taxis- previously D’, which you made
under the Freedom of Information Act 2000.  I have now reviewed your
complaint with Kath Drury, Information, Engagement and Performance Manager
which Marie Romano, Information & Policy Officer provided to you on 24th
May 2018 and have the following comments:

 

For the questions concerned the Information & Policy Officer had responded
‘not applicable’ and referred you to an exemption applied under question
1.

 

Kath Drury agrees that ‘not applicable’ is not a suitable answer under
FOIA, as information is either held or not held by us.  She considers that
the Officer applied the correct exemption (Section 22 – Intended for
future publication) as at the time of responding to the request the
relevant draft policies had not been published on the Council’s website
for comments.  The Officer’s response does set out the Council’s approach
and timescales for progressing these draft policies for your information.

 

Information contained within draft policies is information held for the
purposes of FOIA. These draft policies have been published for public
comment and therefore the need to consider any possible exemptions does
not arise at this time. As such she has revised the responses for the
questions concerned - please find them attached.

 

If you are still dissatisfied with the information you received you have
the opportunity to contact the Information Commissioner's Office.  The
Information Commissioner's Office is an independent body who monitors the
Data Protection Act, the Freedom of Information Act and Environmental
Information Regulations, and make sure organisations fulfil their legal
obligations under the Acts.

 

They can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

[4]www.ico.gov.uk

 

Yours sincerely

 

Ann Bedford

Customer Standards and Complaints Officer

Enc.

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

show quoted sections