Lists of Accessible Taxis under S167 Equality Act 2010

The request was successful.

Dear Vale of White Horse 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 Vale, Vale of White Horse District Council

Dear Mr Paulley

Thank you for your Freedom of Information request which was received by
the Vale of White Horse 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 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:17/59 Vale.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have any queries in the meantime,
please do not hesitate to contact the FOI team at [Vale of White Horse 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 
[2]www.whitehorsedc.gov.uk 

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

From: Doug Paulley <[FOI #402127 email]>
Sent: 19 April 2017 20:44
To: FOI Vale
Subject: Freedom of Information request - Lists of Accessible Taxis under
S167 Equality Act 2010
 
Dear Vale of White Horse 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.whitehorsedc.gov.uk/sites/def...

6)      All drivers have to 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.whitehorsedc.gov.uk/sites/def...
2. http://www.southoxon.gov.uk/ccm/support/...

Dear Vale of White Horse District Council,

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

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

In response to my request:

"a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010."

You stated:

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

Yet the list you provided doesn't appear to comply with the requirements of S167 of the Act.

The DFT's statutory guidance has this to say about S167:

"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"? If you do then you have a S167 list. If you don't then you don't have such a list. The list you supplied in response to Q7 does not appear to comply with the obligations set out in the guidance.

Your response to Q4 doesn't make sense. Q3 was about a voluntary list; Q4-6 are about the S167 list. 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.)

If you have a S167 list then please respond to my question as to when you implemented it with the date that it was instated. If you don't have a S167 list, please indicate whether you intend to have one and if so by when.

In response to my question "6) How you intend to enforce drivers' compliance with S165" you stated:

"All drivers have to undertake and pass disability awareness training."

S165 will (if and when you have a S167 list) make drivers criminally liable if they fail to accept a wheelchair using passenger, fail to assist said passenger or if they charge such a passenger more because they are in a wheelchair. Having to pass disability awareness training doesn't seem to be a very effective manner of enforcing this law.

Of course you won't be able to enforce compliance with S165 unless and until you publish a valid S167 list.

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 Vale, Vale of White Horse District Council

Dear Mr Paulley

Thank you for your Freedom of Information request which was received by
the Vale of White Horse 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 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: 17/196 Vale.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have any queries in the meantime,
please do not hesitate to contact the FOI team at [Vale of White Horse 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 
[2]www.whitehorsedc.gov.uk 

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

From: Doug Paulley <[FOI #402127 email]>
Sent: 24 May 2017 00:24
To: FOI Vale
Subject: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010
 
Dear Vale of White Horse District Council,

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

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

In response to my request:

"a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010."

You stated:

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

Yet the list you provided doesn't appear to comply with the requirements
of S167 of the Act.

The DFT's statutory guidance has this to say about S167:

"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"? If you do then you have a S167 list. If you don't then
you don't have such a list. The list you supplied in response to Q7 does
not appear to comply with the obligations set out in the guidance.

Your response to Q4 doesn't make sense. Q3 was about a voluntary list;
Q4-6 are about the S167 list. 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.)

If you have a S167 list then please respond to my question as to when you
implemented it with the date that it was instated. If you don't have a
S167 list, please indicate whether you intend to have one and if so by
when.

In response to my question "6) How you intend to enforce drivers'
compliance with S165" you stated:

"All drivers have to undertake and pass disability awareness training."

S165 will (if and when you have a S167 list) make drivers criminally
liable if they fail to accept a wheelchair using passenger, fail to assist
said passenger or if they charge such a passenger more because they are in
a wheelchair. Having to pass disability awareness training doesn't seem to
be a very effective manner of enforcing this law.

Of course you won't be able to enforce compliance with S165 unless and
until you publish a valid S167 list.

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

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #402127 email]

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

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]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. http://www.whitehorsedc.gov.uk/
3. https://www.whatdotheyknow.com/request/l...
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/ico-...

Dear FOI Vale,

I have requested that the ICO conduct a S50 assessment in the following terms.

hello,

Please conduct a S50 assessment of this request: https://www.whatdotheyknow.com/request/l...

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

Thank you

Doug Paulley

Thank you

Yours sincerely,

Doug Paulley

Robert Draper,

1 Attachment

Dear Mr Paully,

Apologies for the delay in responding to your request for an internal
review of our original response.

The public register of wheel chair accessible vehicles is a ‘voluntary
list’ and does not meet the full requirements of Section 167 of the
Equalities Act 2010 and should not have been described as such. The public
register is automatically created from information gathered during the
process of licensing vehicles. This information has been publically
available on the council’s website for a number of years as indicated in
our original response.

The council is in the process of achieving full compliance with Section
165 and 167 of the Equalities Act 2010. We are in the process of
contacting all the relevant drivers and operators. We intend to publish a
fully compliant listing of vehicles by 1 August 2017. Our intention is to
make this publically available on our website and it will be clearly
marked as a Section 167 list.

In the meantime we will continue to provide our current public register of
accessible vehicles (voluntary list) to maintain public access to the
available data.

Robert Draper

Licensing Team Leader

South Oxfordshire and Vale of White Horse District Councils

Desk: 01235 422561

[mobile number]

 

[1]1470146472512_PastedImage

 

References

Visible links

Robert Draper,

1 Attachment

Dear Cressida Woodall,

 

FOI complaint [Ref. FS50687391][Ref. FS50687391]

 

There seems to have been some confusion about the council’s response to
the above complaints.

 

We responded to Mr Paully’s request on 29 June with the email below:

 

The intention was that this reply covered both Vale of White Horse and
South Oxfordshire District Councils. Obviously this was not clear enough
in our response which we apologise for.

 

I trust that the response can now be considered in this light and we will
endeavour to respond fully to Mr Paully’s request with the deadline set
out below.

 

Robert Draper

From: Robert Draper
Sent: 29 June 2017 15:30
To: [FOI #402127 email]
Cc: [email address]; FOI Vale <[Vale of White Horse District Council request email]>
Subject: FOI request 17/59 Vale of White Horse DC, FOI 17/35 South
Oxfordshire DC: Request for internal review

 

Dear Mr Paully,

Apologies for the delay in responding to your request for an internal
review of our original response.

The public register of wheel chair accessible vehicles is a ‘voluntary
list’ and does not meet the full requirements of Section 167 of the
Equalities Act 2010 and should not have been described as such. The public
register is automatically created from information gathered during the
process of licensing vehicles. This information has been publically
available on the council’s website for a number of years as indicated in
our original response.

The council is in the process of achieving full compliance with Section
165 and 167 of the Equalities Act 2010. We are in the process of
contacting all the relevant drivers and operators. We intend to publish a
fully compliant listing of vehicles by 1 August 2017. Our intention is to
make this publically available on our website and it will be clearly
marked as a Section 167 list.

In the meantime we will continue to provide our current public register of
accessible vehicles (voluntary list) to maintain public access to the
available data.

Robert Draper

Licensing Team Leader

South Oxfordshire and Vale of White Horse District Councils

Desk: 01235 422561

[mobile number]

 

[1]1470146472512_PastedImage

 

References

Visible links

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