Lists of Accessible Taxis under S167 Equality Act 2010

The request was successful.

Dear Wellingborough Borough 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

info - Shared Mailbox, Wellingborough Borough Council

Dear Doug

 

Thank you for your email of 19 April 2017.

 

Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days. 

 

Requests having the potential to involve more than 18 hours work could be
subject to a charge. If we are not able to complete the response within 18
hours we will contact you with the calculated charge asking how you would
like us to proceed.

 

If you have any queries about this request do not hesitate to contact me.

 

Kind Regards

 

Lucy DaSantos

Information Officer

[Wellingborough Borough Council request email]

01933 231822

 

Making Wellingborough a place to be proud of

 

 

 

From: Doug Paulley [mailto:[FOI #402136 email]]
Sent: 19 April 2017 20:45
To: info - Shared Mailbox
Subject: Freedom of Information request - Lists of Accessible Taxis under
S167 Equality Act 2010

 

This Message originated outside your organisation.

Dear Wellingborough Borough 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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info - Shared Mailbox, Wellingborough Borough Council

Dear Doug

 

I refer to your email of 19 April 2017 in which you made a request under
the Freedom of Information Act.

 

The Borough Council of Wellingborough confirms that this information is
held.

 

Please see below the service response.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original correspondence and should be addressed to:
[1][Wellingborough Borough Council request email]

If you are not content with the outcome of the 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 or at [2]www.ico.org.uk

 

Kind Regards

 

Lucy DaSantos

Information Officer

Borough Council of Wellingborough

 

[Wellingborough Borough Council request email]

01933 231822

 

Making Wellingborough a place to be proud of

 

 

 

 

From: Doug Paulley [[3]mailto:[FOI #402136 email]]
Sent: 19 April 2017 20:45
To: info - Shared Mailbox
Subject: Freedom of Information request - Lists of Accessible Taxis under
S167 Equality Act 2010

 

This Message originated outside your organisation.

Dear Wellingborough Borough Council,

1) Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:
a) taxis A list of all licensed vehicles is published on the Councils
Website as the Public Register and this includes information on whether
each vehicle is wheelchair accessible or not. This can be accessed at:
[4]http://www.wellingborough.gov.uk/downloa...
and
b) private hire vehicles A list of all licensed vehicles is published on
the Councils Website as the Public Register and this includes information
on whether each vehicle is wheelchair accessible or not. This can be
accessed at:
[5]http://www.wellingborough.gov.uk/downloa...
under the powers set out in S167 of the Equality Act 2010.

 

A list of current licensed wheelchair accessible vehicles has been taken
from this public register and reproduced below, for your assistance.

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. None

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. The information has been published on the Councils website
for a number of years. The current list can be found below.

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. The
list below was completed on 16^th May 2017, but the public register
containing this information has been published on the Councils website for
a number of years.

5) The accessibility requirements of a taxi for it to appear on the list.
A vehicle will be recorded on the list where it has wheelchair access.

6) How you intend to enforce drivers' compliance with S165. Section 165
places duties upon the driver of a designated taxi, rather than directly
upon the licensing authority. However, the licensing authority will
consider what action may be appropriate for non-compliance with Section
165 in the event of a complaint being received.

The Council has also recently updated it Hackney Carriage and Private Hire
policies and will be rolling out mandatory disability awareness training
to all licensed drivers in the Borough this year.

7) The list. Please see the current list below which is also available
from the public register of licensed vehicles on the Councils website at:

[6]http://www.wellingborough.gov.uk/downloa...

 

Hackney Carriages

Licence Plate Vehicle Registration Vehicle Type Owner / Operator
Number
30 SF06 HCV Fiat Scudo Lee Cabs
31 SF66 FLW Peugeot E7 Premier Cars
32 BF06 NKO Volkswagen Shuttle Ian Roy Taxis Limited
33 SF13 FVX Peugeot E7 App Cabz Ltd
34 MK17 VZB Ford Tourneo Ian Roy Taxis Ltd
37 DV03 NKR Peugeot Expert 7 Simply Cabs
38 SJ03 EUV Peugeot Eurocab Mr H Khan
39 BP09 DJP Peugeot Expert Lee Cabs
42 SF53 BCY Peugeot Eurocab Roadrunner Taxi FA Limited
44 SD63 EAO Peugeot E7 Premier Cars
45 SG58 NCX Mercedes Vito Mr N Nazir
51 SA58 KXO Peugeot Eurocab Ian Roy Taxis Ltd
53 SF60 BJX Peugeot E7 Lee Cabs
55 SA52 HLF Peugeot Expert Mr K Uddin
59 YS66 RDO Ford Tourneo Mr P T Hale
60 SF04 RNN Peugeot Expert Mr J Mattu
62 SD07 NCV Peugeot Expert Mr H Liffen

 

Private Hire Vehicles

None

Yours faithfully,

Doug Paulley

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

Please use this email address for all replies to this request:
[7][FOI #402136 email]

Is [8][Wellingborough Borough Council request email] the wrong address for Freedom of
Information requests to Wellingborough Borough Council? If so, please
contact us using this form:
[9]https://www.whatdotheyknow.com/change_re...

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

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[11]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

References

Visible links
1. mailto:[Wellingborough Borough Council request email]
2. http://www.ico.org.uk/
3. mailto:[FOI #402136 email]
4. http://www.wellingborough.gov.uk/downloa...
5. http://www.wellingborough.gov.uk/downloa...
6. http://www.wellingborough.gov.uk/downloa...
7. mailto:[FOI #402136 email]
8. mailto:[Wellingborough Borough Council request email]
9. https://www.whatdotheyknow.com/change_re...
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11. https://www.whatdotheyknow.com/help/ico-...

Dear Wellingborough Borough Council,

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

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

I asked:

"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."

Your response - "A list of all licensed vehicles is published on the Councils Website as the Public Register and this includes information on whether each vehicle is wheelchair accessible or not. This can be accessed at: http://www.wellingborough.gov.uk/downloa... - doesn't provide the information I am asking.

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. I have to say that I think it is unlikely you have such a list, in which case please tell me when you will?

In response to my question about enforcement, you state "the licensing authority will consider what action may be appropriate for non-compliance with Section 165 in the event of a complaint being received." 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.

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

info - Shared Mailbox, Wellingborough Borough Council

Dear Mr Paulley

 

Thank you for your email of 23 May 2017.

 

Please consider this an acknowledgment of its receipt.

 

Your request for information is in the process of being revisited; and we
will make every effort to provide you with a response as soon as is
possible.

 

Kind Regards

 

Lucy DaSantos

Information Officer

Borough Council of Wellingborough

 

 

From: Doug Paulley [mailto:[FOI #402136 email]]
Sent: 23 May 2017 00:27
To: info - Shared Mailbox
Subject: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010

 

This Message originated outside your organisation.

Dear Wellingborough Borough Council,

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

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

I asked:

"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."

Your response - "A list of all licensed vehicles is published on the
Councils Website as the Public Register and this includes information on
whether each vehicle is wheelchair accessible or not. This can be accessed
at:
[1]http://www.wellingborough.gov.uk/downloa...
- doesn't provide the information I am asking.

The DFT's statutory guidance has this to say about S167:
[2]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. I have to say
that I think it is unlikely you have such a list, in which case please
tell me when you will?

In response to my question about enforcement, you state "the licensing
authority will consider what action may be appropriate for non-compliance
with Section 165 in the event of a complaint being received." 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.

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:
[4][FOI #402136 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.

show quoted sections

References

Visible links
1. http://www.wellingborough.gov.uk/downloa...
2. https://www.gov.uk/government/uploads/sy...
3. https://www.whatdotheyknow.com/request/l...
4. mailto:[FOI #402136 email]
5. https://www.whatdotheyknow.com/help/offi...
6. https://www.whatdotheyknow.com/help/ico-...

Dear info - Shared Mailbox,

I've requested a S50 assessment in the following terms.

hello

Please conduct a S50 assessment of
https://www.whatdotheyknow.com/request/l...
on the following bases.

They haven't indicated whether they have, or intend to have, a S167
list of lists under the Equality Act, and they haven't responded to my
request for internal review.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

info - Shared Mailbox, Wellingborough Borough Council

Dear Mr Paulley

 

Thank you for your email of 21 June 2017 regarding your recent request
under the Freedom of Information Act.

 

Further to your request for internal review, services have advised of the
following – please see below highlighted in red:

 

"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."

Your response - "A list of all licensed vehicles is published on the
Councils Website as the Public Register and this includes information on
whether each vehicle is wheelchair accessible or not. This can be accessed
at:
[1]http://www.wellingborough.gov.uk/downloa...
- doesn't provide the information I am asking.

The DFT's statutory guidance has this to say about S167:
[2]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. I have to say
that I think it is unlikely you have such a list, in which case please
tell me when you will?

 

The Borough Council of Wellingborough has prepared a draft list of
designated vehicles in accordance with the Statutory Guidance, and is in
the process of notifying owners of the vehicles being on that list of the
duties that will be placed upon them. The list is intended to be published
on 1^st August 2017.

 

We are sorry to learn that you have not been satisfied with the handling
of your request; and hope that you can find the above information to be of
use.

 

Kind Regards

 

Lucy DaSantos

Information Officer

Borough Council of Wellingborough

 

 

From: Doug Paulley [mailto:[FOI #402136 email]]
Sent: 21 June 2017 01:07
To: info - Shared Mailbox
Subject: RE: Internal review of Freedom of Information request - Lists of
Accessible Taxis under S167 Equality Act 2010

 

This Message originated outside your organisation.

Dear info - Shared Mailbox,

I've requested a S50 assessment in the following terms.

hello

Please conduct a S50 assessment of
[3]https://www.whatdotheyknow.com/request/l...
on the following bases.

They haven't indicated whether they have, or intend to have, a S167
list of lists under the Equality Act, and they haven't responded to my
request for internal review.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

show quoted sections

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