S167 List of Accessible Taxis: update after 6 months - D previously undecided

The request was successful.

Dear Ipswich Borough Council,

I am writing this Freedom of Information Request in relation to your Council's compliance or otherwise with the Government's statutory guidance on implementation of S165-167 of the Equality Act, relating to taxi services for wheelchair users. All taxi licensing bodies are obliged under S167(6) to have "due regard" to the document "Access for wheelchair users to taxis and private hire vehicles: statutory guidance" at https://www.gov.uk/government/uploads/sy... . The questions I raise below should be interpreted as requests for recorded information under the Freedom of Information Act.

I have previously made a similar request to you in April 2017. 6+ months later, I am repeating the request with some variations. I am repeating because the Statutory Guidance states "We would expect these arrangements to take no more than a maximum of six months to put in place, following the commencement of these provisions" - "these provisions" having been commenced on 6th April.

In response to my previous FOI request on similar matters in April 2017, you indicated that you did not have a Section 167 list and were currently undecided whether to create such a list.

1) The Government guidance states: "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."
Please can you indicate whether you have changed your position since April, such that you do now have a list of wheelchair accessible taxis under your powers set out in Section 167 of the Equality Act 2010, and/or a list of wheelchair accessible private hire vehicles?

2) If you do now have such a list, please provide information in response to the following questions 2a) to 2j):
2a) On what date was it put in place?
2b) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?

2c) The statutory guidance states: "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."
Have you published your list? Is it marked "designated for the purposes of Section 165 of the Act"? Is the make and model of each vehicle listed? Is each vehicle identified as a taxi or a private hire vehicle? Is the name of the operator of each vehicle given in the list? Have you made owners and drivers of vehicles on the list aware that their vehicle has been listed?

2d) The guidance states: "it would also be helpful to include information about the size and weight of wheelchair that can be accommodated, and whether wheelchairs that are larger than a “reference wheelchair” can be accommodated."
Does your list include information on each vehicle as to the size and weight of wheelchair that can be accommodated, and whether wheelchairs larger than a "reference wheelchair" can be accommodated?

2e) The guidance states: "We encourage LAs to provide drivers of taxis and PHVs who are not exempt from the duties with clear guidance on their duties with respect to the carriage of passengers in wheelchairs, either as part of existing driver-facing guidance, or as supplementary communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?

2f) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running".
Have you updated such rules to make this clear?

2g) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list."
Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful.

2h) How many drivers has the authority prosecuted for discriminatory behaviour contrary to S165 of the Act? How many such prosecutions were successful? What were the sentences?

2i) How many drivers licensed by yourselves have been prosecuted by other people or bodies for failure to comply with S165 of the Act? How many such prosecutions were successful? What were the sentences?

2j) Where drivers have been prosecuted under S165 of the Act, thus affecting their standing as a "fit and proper person", what resultant disciplinary action have you taken in respect of their taxi or private hire vehicle drivers' licenses?

3) If you do not have a S167 list or lists now, please indicate if you now intend to produce such a list.

4) If you don't have a S167 list but do intend to produce one, please provide information in response to questions 4a) and 4b) below.
4a) Please indicate when you intend to have the list in place.
4b) Where you have already made relevant decisions, please indicate whether you intend to comply with the elements of the statutory guidance set out in 2b) to 2f) above.

5) Irrespective of whether you have created a list or not or indeed whether you intend to create such a list, since 2010 you have been obliged to process applications under Section 166 of the Equality Act for driver medical exemptions from the duty to transport and not discriminate against wheelchair users. The Guidance states; "the Act allows LAs to grant exemptions from the duties to individual drivers. These provisions are contained in section 166, and were commenced on 1st October 2010."

5a) How many exemptions have you granted under S166 of the Equality Act 2010?

5b) The guidance states: "We understand that some licensing authorities have already put in place procedures for accessing and exempting drivers, and as an absolute minimum, we think that the evidence provided should be in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process applications for driver exemption under S166?

5c) The guidance states: "The Government’s view is that decisions on exemptions will be fairer and more objective if medical assessments are undertaken by professionals who have been specifically trained and who are independent of the applicant. We would recommend that independent medical assessors are used where a long-term exemption is to be issued, and that LAs use assessors who hold appropriate professional qualifications and who are not open to bias because of a personal or commercial connection to the applicant"
Have you appointed independent medical assessors to determine applications for medical exemption under S166?

5d) Please provide a copy of your application form for driver exemption under S166.

5e) The guidance states: "Section 172 of the Act enables drivers to appeal against the decision of a LA not to issue an exemption certificate. That appeal should be made to the Magistrate’s Court, or a sheriff in Scotland, and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?

5f) How many appeals against refusal to issue S166 exemptions were successful?

6) The guidance states: "We would therefore recommend that LAs also publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchair into a seat within the vehicle. It should be made clear however that this list of vehicles has not been published for the purposes of section 165 of the Act and drivers of those vehicles are therefore not subject to the legal duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchairs into a seat within the vehicle?

Thank you

Yours faithfully,

Doug Paulley

customerservices@ipswich.gov.uk, Ipswich Borough Council

Dear Mr Paulley,

Thank you for your recent request for information about the following
matter: S167 List of Accessible Taxis.

Your request was received on 06 Nov 2017 and we are dealing with it under
the terms of the Freedom of Information Act (2000), and in line with the
Council's policy and protocols. The Freedom of Information Act (2000)
obliges us to respond to requests promptly, and in any case no later than
20 working days after receiving your request. However, when a qualified
exemption applies to the information and the public interest test (PIT) is
engaged, the Act allows the time for response to be longer than 20 working
days, and a full response must be provided within such time as is
reasonable in all circumstances of the case. We do, of course, aim to make
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consider where the public interest lies in respect of a request for exempt
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If you have any queries about this message, please contact me via email
[Ipswich Borough Council request email]. Please remember to quote the reference number
FOIX314285 in any future communications.

Kind regards,

The Information Officer

Ipswich Borough Council
Grafton House
15-17 Russell Road
Ipswich
IP1 2DE

customerservices@ipswich.gov.uk, Ipswich Borough Council

Dear Mr Paulley,

I am writing to confirm that the Council has now completed its search for
the information which you requested on 06 Nov 2017 about S167 List of
Accessible Taxis.

The information supplied has been provided by the department responsible
for the service delivery.

 1. Please can you indicate whether you have changed your position since
April, such that you do now have a list of wheelchair accessible taxis
under your powers set out in Section 167 of the Equality Act 2010,
and/or a list of wheelchair accessible private hire vehicles?
We are in the process of doing this and have written to all
proprietors who will be affected.
 2. 2a) On what date was it put in place? Not applicable.
2b) Is this the definition you have used for a taxi or PHV to be
considered wheelchair accessible for the purposes of the list? It will
be.
2c) Have you published your list? Is it marked "designated for the
purposes of Section 165 of the Act"? Is the make and model of each
vehicle listed? Is each vehicle identified as a taxi or a private hire
vehicle? Is the name of the operator of each vehicle given in the
list? Have you made owners and drivers of vehicles on the list aware
that their vehicle has been listed?
Not published yet but owners and drivers have been made aware of the
intention to include them on the list.
2d) Does your list include information on each vehicle as to the size
and weight of wheelchair that can be accommodated, and whether
wheelchairs larger than a "reference wheelchair" can be accommodated?
It will do.
2e) Have you provided non-exempt taxi / PHV drivers with such
guidance? Not yet but will do.
2f) Have you updated such rules to make this clear? We did this a long
time ago and have repeated the advice many times. This will be done
again repeatedly.
2g) Please tell me how many such applications have been made to the
Magistrates Court, and how many have been successful. None lodged but
the list hasn't been published yet.
2h) How many drivers has the authority prosecuted for discriminatory
behaviour contrary to S165 of the Act? How many such prosecutions were
successful? What were the sentences? None as no list.
2i) How many drivers licensed by yourselves have been prosecuted by
other people or bodies for failure to comply with S165 of the Act? How
many such prosecutions were successful? What were the sentences? As
response to 2h).
2j) Where drivers have been prosecuted under S165 of the Act, thus
affecting their standing as a "fit and proper person", what resultant
disciplinary action have you taken in respect of their taxi or private
hire vehicle drivers' licenses? Not applicable.
 3. If you do not have a S167 list or lists now, please indicate if you
now intend to produce such a list. As above, yes.
 4. 4a) Please indicate when you intend to have the list in place. January
2018.
4b) Where you have already made relevant decisions, please indicate
whether you intend to comply with the elements of the statutory
guidance set out in 2b) to 2f) above. Yes we do.
 5. 5a) How many exemptions have you granted under S166 of the Equality
Act 2010? 2.
5b) Do you accept or require a letter or report from a GP to process
applications for driver exemption under S166? Required.
5c) Have you appointed independent medical assessors to determine
applications for medical exemption under S166? No.
5d) Please provide a copy of your application form for driver
exemption under S166. The information provided can be found here:
[1]app.ipswich.gov.uk/foi-responses/FOIX314285.pdf
5e) How many appeals against refusal to issue S166 exemptions have
been heard? None made, so none.
5f) How many appeals against refusal to issue S166 exemptions were
successful? Not applicable.
 6. Do you currently publish a list of vehicles that are accessible to
passengers in wheelchairs who are able to transfer from their
wheelchairs into a seat within the vehicle? No.

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
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If you have any queries about this email, please contact me. Please
remember to quote the reference number FOIX314285 in any future
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If you are unhappy with the service you have received in relation to your
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you should write to the Monitoring Officer, Grafton House, 15-17 Russell
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If you are not content with the outcome of your complaint, you may apply
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Generally, the ICO cannot make a decision unless you have exhausted the
complaints procedure provided by the Council.

Kind regards,

The Information Officer
[Ipswich Borough Council request email]
 
Ipswich Borough Council
Grafton House
15-17 Russell Road
Ipswich
IP1 2DE

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