Lists of Accessible Taxis under S167 Equality Act 2010

Waiting for an internal review by South Oxfordshire District Council of their handling of this request.

Dear South Oxfordshire District 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

FOI South, South Oxfordshire District Council

Dear Mr Paulley
Thank you for your Freedom of Information request, which was received by
South Oxfordshire District Council on 19 April 2017.
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and that a response will
be sent to you within 20 working days.
The deadline for this will be 18 May 2017. 
The reference number for this request is 17/35 South.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have an queries in the meantime,
please do not hesitate to contact the FOI team at [South Oxfordshire District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
www.whitehorsedc.gov.uk

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

From: Doug Paulley <[FOI #402084 email]>
Sent: 19 April 2017 20:43
To: FOI South
Subject: Freedom of Information request - Lists of Accessible Taxis under
S167 Equality Act 2010
 
Dear South Oxfordshire District 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

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

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Robert Draper,

1 Attachment

Dear Mr Paulley,

 

As per your request:

 

1)      Yes we do produce a list of wheelchair accessible vehicles, see
below.

2)      None

3)      The council produces a range of public registers and has done for
a number of years.

4)      Started December 2015 on current system but a list of accessible
vehicles has been available for many years in a variety of forms.

5)      Please see pages 11 – 15 of the Taxi Licensing Policy
[1]http://www.southoxon.gov.uk/sites/defaul...

6)      All drivers must undertake and pass disability awareness training.

7)     
[2]http://www.southoxon.gov.uk/ccm/support/...

 

Robert Draper

Licensing Team Leader

South Oxfordshire and Vale of White Horse District Councils

Desk: 01235 422561

[mobile number]

 

[3]1470146472512_PastedImage

 

References

Visible links
1. http://www.southoxon.gov.uk/sites/defaul...
2. http://www.southoxon.gov.uk/ccm/support/...

Dear Robert Draper,

Thank you for this, and I congratulate the Council on being proactive about wheelchair accessible taxis for so long.

Please can I request clarification:

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

"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."

Your list at http://www.southoxon.gov.uk/ccm/support/... doesn't have such a designation and doesn't state whether each vehicle is a taxi or a PHV. Yet you say "yes" it is a S167 list?

Your response to "4) The date the list was instated or by which you intend to do so" can't be "December 2015". It's a definite date, on or after the 6th April 2017, because S167 of the Act was only commenced on 6th April 2017.

If you don't have a S167 list, please indicate whether you intend to have one and if so by when.

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.)

In response to my question about enforcement, you state "Under S165 the driver has certain duties to which they must carry out." This is not the case unless you have a fully compliant and designated S167 list. If you don't have such a list then S165 does not apply in your area at all.

In Question 7, I asked for the S167 list. You state "I’m unsure what information you would like on the list." I would like the statutory list please - the one clearly marked "designated for the purposes of section 165 of the Act" and including (as a minimum) the make and model of each taxi, whether it is a licensed taxi or PHV (which in your case is probably "both") and the name of the operator.

Yours sincerely,

Doug Paulley

Dear South Oxfordshire District Council,

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

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

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

"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."

Your list at http://www.southoxon.gov.uk/ccm/support/... doesn't have such a designation and doesn't state whether each vehicle is a taxi or a PHV. Yet you say "yes" it is a S167 list?

Your response to "4) The date the list was instated or by which you intend to do so" can't be "December 2015". It's a definite date, on or after the 6th April 2017, because S167 of the Act was only commenced on 6th April 2017.

If you don't have a S167 list, please indicate whether you intend to have one and if so by when.

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.)

In response to my question about enforcement, you state "Under S165 the driver has certain duties to which they must carry out." This is not the case unless you have a fully compliant and designated S167 list. If you don't have such a list then S165 does not apply in your area at all.

In Question 7, I asked for the S167 list. You state "I’m unsure what information you would like on the list." I would like the statutory list please - the one clearly marked "designated for the purposes of section 165 of the Act" and including (as a minimum) the make and model of each taxi, whether it is a licensed taxi or PHV (which in your case is probably "both") and the name of the operator.

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

FOI South, South Oxfordshire District Council

Dear Mr Paulley
Thank you for your Freedom of Information request for an internal review,
which was received by South Oxfordshire District Council on 24 May 2017.
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and that a response will
be sent to you within 20 working days.
The deadline for this will be 22 June 2017.
The reference number for this request is 17/126 South.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have an queries in the meantime,
please do not hesitate to contact the FOI team at [South Oxfordshire District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
www.whitehorsedc.gov.uk

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

From: Doug Paulley <[FOI #402084 email]>
Sent: 24 May 2017 01:24
To: FOI South
Subject: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010
 
Dear South Oxfordshire District Council,

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

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

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

"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."

Your list at
[3]http://www.southoxon.gov.uk/ccm/support/...
doesn't have such a designation and doesn't state whether each vehicle is
a taxi or a PHV. Yet you say "yes" it is a S167 list?

Your response to "4) The date the list was instated or by which you intend
to do so" can't be "December 2015". It's a definite date, on or after the
6th April 2017, because S167 of the Act was only commenced on 6th April
2017.

If you don't have a S167 list, please indicate whether you intend to have
one and if so by when.

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.)

In response to my question about enforcement, you state "Under S165 the
driver has certain duties to which they must carry out." This is not the
case unless you have a fully compliant and designated S167 list. If you
don't have such a list then S165 does not apply in your area at all.

In Question 7, I asked for the S167 list. You state "I’m unsure what
information you would like on the list." I would like the statutory list
please - the one clearly marked "designated for the purposes of section
165 of the Act" and including (as a minimum) the make and model of each
taxi, whether it is a licensed taxi or PHV (which in your case is probably
"both") and the name of the operator.

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

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #402084 email]

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

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[6]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.

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

References

Visible links
1. http://www.southoxon.gov.uk/
2. https://www.gov.uk/government/uploads/sy...
3. http://www.southoxon.gov.uk/ccm/support/...
4. https://www.whatdotheyknow.com/request/l...
5. https://www.whatdotheyknow.com/help/offi...
6. https://www.whatdotheyknow.com/help/ico-...

Dear FOI South,

I have requested that the ICO undertake a S50 assessment of this request.

Dear ICO,

Please conduct an a S50 assessment of this request:

https://www.whatdotheyknow.com/request/l...

The information the Council provided is not the information I
requested, and they have failed to conduct an internal review.

thank you

Doug Paulley

Yours sincerely,

Doug Paulley

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