Lists of Accessible Taxis under S167 Equality Act 2010

The request was partially successful.

Dear East Riding of Yorkshire 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

East Riding of Yorkshire Council

1 Attachment

Dear Mr Paulley

Further to your recent request for access to information, please see the
attached letter.
Kind Regards,
Freedom of Information
*********************************
East Riding of Yorkshire Council
County Hall
Beverley
HU17 9BA

If you have any further queries please email: [email address]

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East Riding of Yorkshire Council

2 Attachments

Dear Mr Paulley

Further to your recent request for access to information within the
Freedom of Information Act, please see the attached letter.

Kind regards

 

Freedom of Information
*******************************
East Riding of Yorkshire Council
County Hall
Beverley
HU17 9BA

If you have any further queries please email: [email address]

show quoted sections

Dear East Riding of Yorkshire Council,

Please can you clarify?

My request was about:

"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 responded stating that you have a list, that it's on your website, and that it has been since 2010.

It isn't currently on your website - see http://www2.eastriding.gov.uk/business/l... "Unfortunately this register is currently unavailable". However you were kind enough to attach a copy.

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."

Do you have a list clearly marked "designated for the purposes of section 165 of the Act", 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 such a list. The list you supplied does not appear to have either a clear mark "designated for the purposes of section 165 of the Act" nor the name of the operator, so I assume your answer to my Question 1 should have been "No"?

If you have a S167 list then the response to "4) The date the list was instated or by which you intend to do so" can't be "2010" 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.)

Yours faithfully,

Doug Paulley

East Riding of Yorkshire Council

1 Attachment

Dear Mr Paullley,

Thank you for your further email regarding your request.  Officers have
confirmed that they are in the process of refreshing the information for
the Council's website.  I do hope that in the meantime you found the
information provided on the spreadsheet helpful however if you have any
further queries regarding the publication please contact officers direct
in the licensing team [email address].

Yours sincerely,

Freedom of Information
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

From:        Doug Paulley <[FOI #401937 email]>
To:        FOI requests at East Riding of Yorkshire Council
<[East Riding of Yorkshire Council request email]>
Date:        10/05/2017 23:05
Subject:        Re: Response to Freedom of Information Act Request - FOI
No: 8600

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

Dear East Riding of Yorkshire Council,

Please can you clarify?

My request was about:

"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 responded stating that you have a list, that it's on your website, and
that it has been since 2010.

It isn't currently on your website - see
[4]http://www2.eastriding.gov.uk/business/l...
 "Unfortunately this register is currently unavailable". However you were
kind enough to attach a copy.

The DFT's statutory guidance has this to say about S167:
[5]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."

Do you have a list clearly marked "designated for the purposes of section
165 of the Act", 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 such a list. The list you
supplied does not appear to have either a clear mark "designated for the
purposes of section 165 of the Act" nor the name of the operator, so I
assume your answer to my Question 1 should have been "No"?

If you have a S167 list then the response to "4) The date the list was
instated or by which you intend to do so" can't be "2010" 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.)

Yours faithfully,

Doug Paulley

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Dear East Riding of Yorkshire Council,

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

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

You have not provided the infirmation I requested.

You have not indicated whether you have a list of accessible taxis made and designated for the purposes of S165 and S167 of the legislation, if not whether you intend to have one and if so by when. I was entirely clear that this is what I was asking about and you have not provided it despite me being very clear indeed that this is the information I'm asking for, and it is not acceptable. You have failed to meet your legal obligations under the Freedom of Information Act; you have not provided the information or a valid exemption.

NB: I intend to complain to councillors and the Scrutiny Committee about this, and also to the media, who are currently working on a story on this issue.

As the Government's statutory guidance makes clear:

"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."

Given this context, it is unacceptable that you are not telling me whether you have, or intend to create, a list of accessible taxis for the purposes of S167 of the Act. You have purposefully not addressed my very specific request for information on this specific.

The guidance is at https://www.gov.uk/government/uploads/sy....

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

East Riding of Yorkshire Council

2 Attachments

Dear  Mr Paulley

Please find attached correspondence in relation to your  FOI review
request 8600.

With kind regards

Nicky Hall
Management Assistant on behalf of ....
Mathew Buckley
Head of Legal and Democratic Services
Tel:   (01482) 393100
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

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Dear East Riding of Yorkshire Council,

I requested a S50 assessment of my request on the following basis:

"Hello

Please can I request you conduct a S50 assessment of this request:

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

My concern is that they aren't clear as to whether they think they
currently have a list compliant with S167 of the Equality Act, or if
they intend to compile such a list, or if they don't have a list and
don't intend to do so.

This should provide context and understanding of my information
request:

https://www.gov.uk/government/uploads/sy...

Thank you

Doug Paulley"

300+ other authorities provided the information requested; it's sad that you didn't.

Yours faithfully,

Doug Paulley

Mathew Buckley,

2 Attachments

Dear Mr Paulley

Further to your request for information and your appeal to the ICO. I
enclose updated responses to your requests for information.

Mathew Buckley
Head of Legal and Democratic Services
Tel:   (01482) 393100
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil

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