Lists of Accessible Taxis under S167 Equality Act 2010

The request was successful.

Dear Manchester City Council,

1) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010.

2) Please identify how many a) taxi and b) PHV drivers have applied for medical / physical impairment exemption under S166 of the Equality Act 2010 since S166 was commenced. If you've created a list under S167, please identify how many of the exemptions were in place before S167 and how many have been put in since.

3) Please state whether you voluntarily compiled a list of accessible taxis and private hire vehicles following the Department for Transport's guidance of 15th September 2010, which stated, in relation to section 167, “although the list of designated vehicles will have no actual effect in law until the duties are commenced, we would urge licensing authorities to start maintaining a list as soon as possible for the purpose of liaising with the trade and issuing exemption certificates”. If you did produce such a voluntary list, please indicate when you did so, and provide the current list.

If you have produced a list of wheelchair accessible taxis and/or private hire vehicles under S167, or are going to, please tell me the following.

4) The date the list was instated or by which you intend to do so.

5) The accessibility requirements of a taxi for it to appear on the list.

6) How you intend to enforce drivers' compliance with S165.

7) The list.

Yours faithfully,

Doug Paulley

Manchester City Council

Dear Mr Paulley

Re: Request for Information - Reference No: GAN/ALLD6Y

Thank you for your request for information received by Manchester City
Council on 19th April 2017.

Please note that it may take up to 20 working days (18th May 2017) for the
Council to consider your request and to provide a formal response.

If this timescale needs to be extended to consider an exemption you will be
notified and kept informed.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

Cath Cryer
Democratic Services
PO Box 532
Town Hall
Manchester
M60 2LA

Email: [Manchester City Council request email]
Website: www.manchester.gov.uk

show quoted sections

Manchester City Council

Dear Mr Paulley,

Freedom of Information request - Ref: 29 GAN/ALLD6Y

Thank you for your request for information, which was received by
Manchester City Council on 19 April 2017 and has been considered under the
provisions of the Freedom of Information Act 2000 (FoIA).

I set out below your request for information and the Council’s response to
your request: Information,

In your request you asked for the following information:
1) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:
a) taxis
and
b) private hire vehicles under the powers set out in S167 of the Equality
Act 2010.

2) Please identify how many
a) taxi and
b) PHV drivers
have applied for medical / physical impairment exemption under S166 of the
Equality Act 2010 since S166 was commenced. If you've created a list under
S167, please identify how many of the exemptions were in place before S167
and how many have been put in since.

3) Please state whether you voluntarily compiled a list of accessible taxis
and private hire vehicles following the Department for Transport's guidance
of 15th September 2010, which stated, in relation to section 167, “although
the list of designated vehicles will have no actual effect in law until the
duties are commenced, we would urge licensing authorities to start
maintaining a list as soon as possible for the purpose of liaising with the
trade and issuing exemption certificates”. If you did produce such a
voluntary list, please indicate when you did so, and provide the current
list.

If you have produced a list of wheelchair accessible taxis and/or private
hire vehicles under S167, or are going to, please tell me the following.
4) The date the list was instated or by which you intend to do so.
5) The accessibility requirements of a taxi for it to appear on the list.
6) How you intend to enforce drivers' compliance with S165.
7) The list.

In response:
1) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:
a) taxis
All our hackney carriage vehicles are wheelchair accessible and are listed
in the public register.
http://www.manchester.gov.uk/info/500217...
.

b) private hire vehicles under the powers set out in S167 of the Equality
Act 2010.
We do not currently have a list but are looking at the best way to achieve
this.

2) Please identify how many have applied formedical / physical impairment
exemption under S166 of the Equality Act 2010 since S166 was commenced. If
you've created a list under S167, please identify how many of the
exemptions were in place before S167 and how many have been put in since.
a) taxi  - 10 - all after 2010
b) PHV drivers  - 0

3) Please state whether you voluntarily compiled a list of accessible taxis
and private hire vehicles following the Department for Transport's guidance
of 15th September 2010, which stated, in relation to section 167, “although
the list of designated vehicles will have no actual effect in law until the
duties are commenced, we would urge licensing authorities to start
maintaining a list as soon as possible for the purpose of liaising with the
trade and issuing exemption certificates”. If you did produce such a
voluntary list, please indicate when you did so, and provide the current
list.
See response 1

If you have produced a list of wheelchair accessible taxis and/or private
hire vehicles under S167, or are going to, please tell me the following.

4) The date the list was instated or by which you intend to do so.
In response to the above we are currently working on our web pages, which
will include a new section on 'Disability Information' both for passengers
and the trade. We are aiming to have this is place by July 2017.

5) The accessibility requirements of a taxi for it to appear on the list.
See Hackney Carriage Vehicle Policy - conditions of fitness. A copy can be
found on the Councils web site
http://www.manchester.gov.uk/downloads/d...

6) How you intend to enforce drivers' compliance with S165.
We are currently reviewing our compliance and enforcement procedures and
service standards which will include this. In the meantime, we are aiming
to run an awareness campaign with the wider public to assist in reporting
of non-compliance by drivers. We are also planning operations throughout
the Summer to conduct spot checks focused on use of accessibility functions
in the vehicles.

7) The list.
See response 1

Please note if you are not satisfied with this response you may ask for an
internal review. If you wish an internal review to be undertaken you should
contact the Democratic Services Legal Team, whose address is, PO Box 532,
Town Hall, Manchester, M60 2LA, email:
[Manchester City Council request email] in the first instance. A copy of
the Council’s access to information complaints procedure can be downloaded
from
http://www.manchester.gov.uk/downloads/d...
. If you do not have internet access and require a paper copy, please let
me know.

If you are not content with the outcome of the internal review process, you
have the right to apply directly to the Information Commissioner for a
decision.

The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524510
www.informationcommissioner.gov.uk

Please remember to quote the reference number above in any future
communications.

Yours sincerely

Ann Marku
Principal Licensing Officer
Planning, Building Control and Licensing
Growth and Neighbourhoods

show quoted sections

Dear Manchester City Council,

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

I am writing to request an internal review of Manchester City Council's handling of my FOI request 'Lists of Accessible Taxis under S167 Equality Act 2010'.

Some of the information you have provided is unclear.

In response to my question:
"1a) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible taxis under the powers set out in S167 of the Equality Act 2010."

You responded:

"All our hackney carriage vehicles are wheelchair accessible and are listed in the public register.
http://www.manchester.gov.uk/info/500217... ."

That's not the information I asked.

The DFT's statutory guidance has this to say about S167: https://www.gov.uk/government/uploads/sy...

"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."

"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."

Do you have a list clearly marked "designated for the purposes of section 165 of the Act", does it solely hold wheelchair accessible vehicles, is it published, does it include the make, model, license type (taxi or PHV) and the name of the operator? If you do then you have a S167 list. If you don't then you don't have a S167 list, and taxi drivers in your area are not subject to the obligations set out in S165 of the Act.

In response to my question:
"1b) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible private hire vehicles under the powers set out in S167 of the Equality Act 2010."

You said:
"We do not currently have a list but are looking at the best way to achieve this."
I just want to check: this is a S167 list of PHVs? And you intend to have one?

In response to my question:
"3) Please state whether you voluntarily compiled a list of accessible taxis and private hire vehicles following the Department for Transport's guidance of 15th September 2010"

you said:
"See response 1"
I don't understand this. Question 1 was about S167 lists. Question 3 is about voluntary lists. A S167 list is different from a voluntary list. Any list held before 6th April 2017 is a voluntary list, which may or may not have been converted into a S167 list after 6th April 2017, depending on whether it meets the above requirements (being clearly marked 'designated for the purposes of section 165 of the Act' and so on.) So your response to Q3 "see response 1" doesn't make sense.

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

Yours faithfully,

Doug Paulley

Manchester City Council

Dear Mr Paulley

Re: Request for Information - Internal Review - Reference No:
GAN/ALLD6Y-IR

Thank you for your email dated 22 May 2017 regarding the Council's
response to your request for information.

Your email will be treated as a request for internal review of that
original decision and will be dealt with in accordance with the Council’s
Access to Information Complaint Procedure. The procedure is available on
the Council’s web site at

http://www.manchester.gov.uk/downloads/d...

Please note your request will be handled as speedily as possible and a
response should be issued no later than 20 June 2017.

Yours sincerely

Cieran Cassidy
Democratic Services
PO Box 532
Town Hall
Manchester
M60 2LA

Email: [Manchester City Council request email]
www.manchester.gov.uk

|---------------------------------------------->
| |
| |
| Doug Paulley |
| <request-401995-2a2e18ee@whatdothe|
| yknow.com> |
| |
| 22/05/2017 23:16 |
| |
| |
|---------------------------------------------->
>---------------------------------------------------------------------------------------------------------+---|
| | |
| | |
| To| |
| FOI requests at Manchester City Council <[Manchester City Council request email]> | |
| cc| |
| | |
| Subject| |
| Internal review of Freedom of Information request - Lists of Accessible Taxis under S167 | |
| Equality Act 2010 | |
| | |
>---------------------------------------------------------------------------------------------------------+---|

Dear Manchester City Council,

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

I am writing to request an internal review of Manchester City Council's
handling of my FOI request 'Lists of Accessible Taxis under S167 Equality
Act 2010'.

Some of the information you have provided is unclear.

In response to my question:
"1a) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible taxis under the powers set out in S167 of the
Equality Act 2010."

You responded:

"All our hackney carriage vehicles are wheelchair accessible and are listed
in the public register.
http://www.manchester.gov.uk/info/500217...
."

That's not the information I asked.

The DFT's statutory guidance has this to say about S167:
https://www.gov.uk/government/uploads/sy...

"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."

"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."

Do you have a list clearly marked "designated for the purposes of section
165 of the Act", does it solely hold wheelchair accessible vehicles, is it
published, does it include the make, model, license type (taxi or PHV) and
the name of the operator? If you do then you have a S167 list. If you don't
then you don't have a S167 list, and taxi drivers in your area are not
subject to the obligations set out in S165 of the Act.

In response to my question:
"1b) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible private hire vehicles under the powers set
out in S167 of the Equality Act 2010."

You said:
"We do not currently have a list but are looking at the best way to achieve
this."
I just want to check: this is a S167 list of PHVs? And you intend to have
one?

In response to my question:
"3) Please state whether you voluntarily compiled a list of accessible
taxis and private hire vehicles following the Department for Transport's
guidance of 15th September 2010"

you said:
"See response 1"
I don't understand this. Question 1 was about S167 lists. Question 3 is
about voluntary lists. A S167 list is different from a voluntary list. Any
list held before 6th April 2017 is a voluntary list, which may or may not
have been converted into a S167 list after 6th April 2017, depending on
whether it meets the above requirements (being clearly marked 'designated
for the purposes of section 165 of the Act' and so on.) So your response
to Q3 "see response 1" doesn't make sense.

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

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #401995 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Manchester City Council

Dear Mr Paulley

Re: - Request for Information – Lists of Accessible Taxis under S167
Equality Act 2010 Ref: 29 GAN/ALLD6Y-IR – Internal Review

I refer to your correspondence dated 22 May 2017 in which you raised
concerns with the response provided by Manchester City Council dated 16 May
2017. As a result the Council has carried out an Internal Review into the
handling of your Request for Information.

Background
In your original request, which was received on the 19 April 2017, you
asked for the following information:

1) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010.
2) Please identify how many a) taxi and b) PHV drivers have applied for
medical / physical impairment exemption under S166 of the Equality Act 2010
since S166 was commenced. If you've created a list under S167, please
identify how many of the exemptions were in place before S167 and how many
have been put in since.
3) Please state whether you voluntarily compiled a list of accessible taxis
and private hire vehicles following the Department for Transport's guidance
of 15th September 2010, which stated, in relation to section 167, “although
the list of designated vehicles will have no actual effect in law until the
duties are commenced, we would urge licensing authorities to start
maintaining a list as soon as possible for the purpose of liaising with the
trade and issuing exemption certificates”. If you did produce such a
voluntary list, please indicate when you did so, and provide the current
list.
If you have produced a list of wheelchair accessible taxis and/or private
hire vehicles under S167, or are going to, please tell me the following.
4) The date the list was instated or by which you intend to do so.
5) The accessibility requirements of a taxi for it to appear on the list.
6) How you intend to enforce drivers' compliance with S165.
7) The list.

On 22 May 2017, you submitted an Internal Review and stated:

I am writing to request an internal review of Manchester City Council's
handling of my FOI request 'Lists of Accessible Taxis under S167 Equality
Act 2010'.

Some of the information you have provided is unclear.

In response to my question:
"1a) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible taxis under the powers set out in S167 of the
Equality Act 2010."

You responded:

"All our hackney carriage vehicles are wheelchair accessible and are listed
in the public register.
http://www.manchester.gov.uk/info/500217... ."

That's not the information I asked.

The DFT's statutory guidance has this to say about S167:
https://www.gov.uk/government/uploads/sy...

"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."

"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."

Do you have a list clearly marked "designated for the purposes of section
165 of the Act", does it solely hold wheelchair accessible vehicles, is it
published, does it include the make, model, license type (taxi or PHV) and
the name of the operator? If you do then you have a S167 list. If you don't
then you don't have a S167 list, and taxi drivers in your area are not
subject to the obligations set out in S165 of the Act.

In response to my question:
"1b) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible private hire vehicles under the powers set
out in S167 of the Equality Act 2010."

You said:
"We do not currently have a list but are looking at the best way to achieve
this."
I just want to check: this is a S167 list of PHVs? And you intend to have
one?

In response to my question:
"3) Please state whether you voluntarily compiled a list of accessible
taxis and private hire vehicles following the Department for Transport's
guidance of 15th September 2010"

you said:
"See response 1"
I don't understand this. Question 1 was about S167 lists. Question 3 is
about voluntary lists. A S167 list is different from a voluntary list. Any
list held before 6th April 2017 is a voluntary list, which may or may not
have been converted into a S167 list after 6th April 2017, depending on
whether it meets the above requirements (being clearly marked 'designated
for the purposes of section 165 of the Act' and so on.) So your response
to Q3 "see response 1" doesn't make sense

Findings

As part of this Internal Review I have reconsidered your original Request
for Information and the Council’s response.

I can see that the answers to questions 1a) & 1b) did not provide the
information you were seeking, for which I apologise. To clarify, whilst
100% of our Hackney Carriage fleet are wheelchair accessible and all these
vehicles details are in the public register, it does not appear in a
separate designated list under s.167 of the Act. There is no currently
published designated list for private hire vehicles either. The reason for
this is that the Licensing Service has changed the software it uses as a
taxi licensing database. This in turn has changed how the relevant data can
be extracted and presented in the public register function of the new
system. We have been working with our technical support team to see if
there is a way to do so within the system, as we would much prefer that
this list, when accessed, was live and current. This would also be the
quickest and easiest way to produce this data, as it wouldn’t require a
‘point in time’ list to be maintained very regularly to ensure that the
data is correct at the time it is accessed. However, in the absence of
being able to provide this function at present, I have requested that two
designated lists under s.167 of the Equality Act (HC & PH) be produced and
published on the website this month with the appropriate caveats. In any
event, Manchester’s entire wheelchair accessible Hackney Carriage fleet is
bound for the most part to abide by the objectives of the Equality Act
through the existing Hackney Carriage Bye-laws and Vehicle Policy.

In response to question 3, the Unit did not voluntarily produce a separate
list following the DfT guidance in 2010, as the previous public register
provided this functionality and lists of wheelchair accessible vehicles
could be produced easily from it, so it was considered unnecessary to
produce a separate voluntary list. As stated above, in the absence of being
able to find a way for the register to continue to provide this function
for us in a designated list, we will now produce and publish separate
designated lists and publish on the website this month.

I apologise for the lack of clarity on these points in the first response.

This response constitutes the Council’s response to the internal review of
your request for information. If you are not satisfied with the outcome of
this internal review, you have the right to apply directly to the
Information Commissioner for a decision.

The information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 745
www.ico.org.uk

Please remember to quote the reference number above in any future
communications about this matter.

Yours sincerely

Danielle Doyle
Licensing Unit Manager
The Neighbourhoods Service
Growth & Neighbourhoods
Manchester City Council

show quoted sections

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org