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

Doug Paulley made this Freedom of Information request to North Ayrshire Council as part of a batch sent to 62 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

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The request was successful.

Dear North Ayrshire 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

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Dear North Ayrshire Council,

What has happened to the response to my FOI request please? The 20 working day long-stop has passed.

Thank you

Yours faithfully,

Doug Paulley

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Dear Doug Paulley

Subject : FOI Request

Thank you for your email dated 6th November 2017, which was received by
North Ayrshire Council on 7th November 2017, requesting information in
respect of an update after 6 months on list of accessible taxis.

I would like to take this opportunity to apologise for the delay in
acknowledging receipt of your request. I can confirm that North Ayrshire
Council received your request on 7th November 2017 but it was not passed to
this Service for a response until 11th December 2017. An investigation
into the delay is underway but in the meantime we will endeavour to respond
to you as soon as we can. We will contact you if we require any further
information.

The information that you supplied with your information request will be
entered into a filing system and will only be accessed by North Ayrshire
Council staff. The information will be retained by North Ayrshire Council
and will only be used for the purpose of (a) processing your Request for
Information and related purposes, and (b) for statistical and audit
purposes. The information is held by North Ayrshire Council in accordance
with the provisions of the Data Protection Act 1998.

If you need further help please telephone Anne Toal on 01294 324305.

Yours sincerely

Anne Toal
FOI Co-ordinator

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For your information - Your details received :
Name: Doug Paulley

Address:
email: [FOI #443053 email]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Information Requested :
FOI_Information_RequestedFrom: [North Ayrshire Council request email]To:
[email address].ukDate: 06/11/2017 10:44Subject: FW:
Freedom of Information request - S167 List of Accessible Taxis: update
after 6 months - D previously undecidedDear North Ayrshire Council,

I am writing this Freedom of Information Request in relation to your Coun=
cil's compliance or otherwise with the Government's statutory guidance on=
implementation of S165-167 of the Equality Act, relating to taxi service=
s for wheelchair users. All taxi licensing bodies are obliged under S167(=
6) to have "due regard" to the document "Access for wheelchair users to t=
axis and private hire vehicles: statutory guidance" at https://www.gov.uk=
/government/uploads/system/uploads/attachment_data/file/593350/access-for=
-wheelchair-users-taxis-and-private-hire-vehicles.pdf . The questions I r=
aise below should be interpreted as requests for recorded information und=
er 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 be=
cause the Statutory Guidance states "We would expect these arrangements t=
o take no more than a maximum of six months to put in place, following th=
e commencement of these provisions" - "these provisions" having been comm=
enced 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 lega=
l obligation to maintain a list under section 167, the Government recomme=
nds strongly that they do so. Without such a list the requirements of sec=
tion 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 Apri=
l, 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 lis=
t 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 th=
at a vehicle should only be included in the authority=E2=80=99s (S167) li=
st if it would be possible for the user of a =E2=80=9Creference wheelchai=
r=E2=80=9D to enter, leave and travel in the passenger compartment in saf=
ety and reasonable comfort whilst seated in their wheelchair." =

Is this the definition you have used for a taxi or PHV to be considered w=
heelchair 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 =E2=80=98designated for t=
he purposes of section 165 of the Act=E2=80=99. LAs should ensure that th=
eir designated lists are made easily available to passengers, and that ve=
hicle owners and drivers are made aware. Lists should set out the detail=
s 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 op=
erator."
Have you published your list? Is it marked "designated for the purposes o=
f 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 na=
me of the operator of each vehicle given in the list? Have you made owner=
s and drivers of vehicles on the list aware that their vehicle has been l=
isted?

2d) The guidance states: "it would also be helpful to include information=
about the size and weight of wheelchair that can be accommodated, and wh=
ether wheelchairs that are larger than a =E2=80=9Creference wheelchair=E2=
=80=9D can be accommodated." =

Does your list include information on each vehicle as to the size and wei=
ght of wheelchair that can be accommodated, and whether wheelchairs large=
r than a "reference wheelchair" can be accommodated?

2e) The guidance states: "We encourage LAs to provide drivers of taxis an=
d PHVs who are not exempt from the duties with clear guidance on their du=
ties with respect to the carriage of passengers in wheelchairs, either as=
part of existing driver-facing guidance, or as supplementary communicati=
on." =

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 ru=
nning". =

Have you updated such rules to make this clear?

2g) The guidance states: "Section 172 of the Act enables vehicle owners t=
o appeal against the decision of a LA to include their vehicles on the de=
signated list. That appeal should be made to the Magistrate=E2=80=99s Cou=
rt, or in Scotland the sheriff, and must be made within 28 days of the ve=
hicle in question being included on the LA=E2=80=99s published list."
Please tell me how many such applications have been made to the Magistrat=
es Court, and how many have been successful.

2h) How many drivers has the authority prosecuted for discriminatory beha=
viour contrary to S165 of the Act? How many such prosecutions were succes=
sful? 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 su=
ch prosecutions were successful? What were the sentences?

2j) Where drivers have been prosecuted under S165 of the Act, thus affect=
ing their standing as a "fit and proper person", what resultant disciplin=
ary action have you taken in respect of their taxi or private hire vehicl=
e drivers' licenses?

3) If you do not have a S167 list or lists now, please indicate if you no=
w intend to produce such a list. =

4) If you don't have a S167 list but do intend to produce one, please pro=
vide 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 wheth=
er you intend to comply with the elements of the statutory guidance set o=
ut in 2b) to 2f) above.

5) Irrespective of whether you have created a list or not or indeed wheth=
er 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 med=
ical exemptions from the duty to transport and not discriminate against w=
heelchair users. The Guidance states; "the Act allows LAs to grant exempt=
ions from the duties to individual drivers. These provisions are containe=
d in section 166, and were commenced on 1st October 2010."

5a) How many exemptions have you granted under S166 of the Equality Act 2=
010?

5b) The guidance states: "We understand that some licensing authorities h=
ave 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 applicat=
ions for driver exemption under S166?

5c) The guidance states: "The Government=E2=80=99s view is that decisions=
on exemptions will be fairer and more objective if medical assessments a=
re undertaken by professionals who have been specifically trained and who=
are independent of the applicant. We would recommend that independent me=
dical 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 connecti=
on to the applicant"
Have you appointed independent medical assessors to determine application=
s for medical exemption under S166?

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

5e) The guidance states: "Section 172 of the Act enables drivers to appea=
l against the decision of a LA not to issue an exemption certificate. Tha=
t appeal should be made to the Magistrate=E2=80=99s Court, or a sheriff i=
n Scotland, and must be made within 28 days beginning with the date of th=
e refusal."
How many appeals against refusal to issue S166 exemptions have been heard=
?

5f) How many appeals against refusal to issue S166 exemptions were succes=
sful?

6) The guidance states: "We would therefore recommend that LAs also publi=
sh a list of vehicles that are accessible to passengers in wheelchairs wh=
o are able to transfer from their wheelchair into a seat within the vehic=
le. It should be made clear however that this list of vehicles has not be=
en published for the purposes of section 165 of the Act and drivers of th=
ose vehicles are therefore not subject to the legal duties to provide ass=
istance."
Do you currently publish a list of vehicles that are accessible to passen=
gers in wheelchairs who are able to transfer from their wheelchairs into =
a seat within the vehicle?

Thank you

Yours faithfully,

Doug Paulley

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Dear Doug Paulley

Subject : Freedom of Information (Scotland) Act 2002

Thank you for your request for information dated 07/11/2017, which was
received by North Ayrshire Council on 07/11/2017.

We have now completed our research for the information you request and the
responses to the questions submitted are listed below.

Q1 "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?

A1. The reply to the previous request (FOI NAC/17242/2017) explained that
due to the Local Government elections in Scotland on 4 May 2017 and the
need for the newly-elected Councils to appoint Committees, including a
Licensing Committee, there was no possibility of the Council taking any
action under the Equality Act 2010 provisions until the first meeting of
the Licensing Committee on 7 June 2017.

The Licensing Committee on 16 August 2017 considered a Report on these
provisions. The Minute is on the Council's website, and the relevant part
is:

"6. Licensing of Taxis and Private Hire Cars - Drivers' obligations to
passengers using wheelchairs - Equality Act 2010

Submitted report by the Chief Executive which advised of changes in
legislation and propose action in response to the changes.

The Equality Act 2010 imposes duties on the drivers of certain taxis and
private hire cars, and this system was commenced on 6 April 2017. The
report, which recommended that a draft list of designated taxis be made,
but not a list of designated private hire cars, set out the process for
considering and approving such a list.

The report noted that, in the future, the Committee might review the
Vehicle Specification, and might then require that any Private Hire Car
Licence to be granted should relate to a 'wheelchair accessible' vehicle.

The report also set out the difference between 'wheelchair licence' taxis
(of which there are 29 in North Ayrshire) and 'wheelchair modified' (of
which there are 5), both of which confirm to "Accessibility Requirements"
as defined by Section 167(5) of the aforementioned Act. It proposed that
the 'Taxi List' should be in two parts, corresponding to the distinction
between the two vehicle types.

The Committee agreed:-

(a) that there should be a list of designated taxis, but not a list of
designated private hire cars;

(b) that it be remitted to the Solicitor (Licensing) to prepare the draft
list;

(i) intimate to the holders of the relevant operator's Licences that the
Committee proposed to designate the licensed vehicle,

(ii) advise them of the legal consequences of this and

(iii) invite representations;

(d) continue consideration of the proposed list to await representations;

(e) after considering any representations, to determine what that list
should contain; and

(f) thereafter, to instruct the Solicitor (Licensing) to publish that list
on the Licensing Committee website, with a summary of the relevant law".

There is no list for either Taxis or Private Hire Cars. We are in the
process of establishing a Taxi list. This process involves consultation
(see (c) in the Minute).

Q2. "If you do now have such a list, please provide information in response
to the following questions 2a) to 2j)"

A2. There is no list. The response to questions 2(a) to 2(j) is "not
applicable".

Q2(a) On what date was it put in place?

Q2(b) "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?

Q2(c) 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?

Q2(d) 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?

Q2(e) 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?

Q2(f) 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?

Q2(g) 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 Magistrates 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.

Q2(h) 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?

Q2(i) 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?

Q2(j) 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?

Q3 "If you do not have a S167 list or lists now, please indicate if you now
intend to produce such a list."

A3. See A1.

Q4. "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."

Q4a. "Please indicate when you intend to have the list in place."

A4a. There is no time limit for creation of a list imposed by statute and
no decision has been taken on a timescale for introduction. North Ayrshire
Council remains committed to equalities and will keep the matter under
review.

Q4b. "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."

A4b. There have been no relevant decisions so this question does not call
for an answer.

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."

A5. The response to all questions in 5(a-f) are "not applicable". As
there is no List, the possibility of exemptions under Section 166 has never
arisen.

An Exemption Certificate under Section 166 exempts a person from the duties
imposed by Section 165. These duties only apply to drivers of "Designated
Taxis". A vehicle is only "Designated" if it is on the Section 167 list.
There is no list.

The main part of Section 165 did not commence until on 6th April 2017:

(a) Section 165 was partly commenced on 1st October 2010 by Equality Act
2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory
and Incidental Provisions and Revocation) Order 2010-2317, but only so far
as it relates to, and for the purpose of, the issue of exemption
certificates under Section 166;

(b) Section 165 was commenced on 6th April 2017 in so far as not already
in force by The Equality Act 2010 (Commencement No. 12) Order 2017 No. 107.

5(a) 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?

A6. No.

Your right to seek a review
Should you be dissatisfied with the way in which North Ayrshire Council has
dealt with your request, you have the right to ask us to review decisions.

Your request should explain why you wish a review to be carried out, and
should be made within 40 working days of receipt of this letter. We will
reply within 20 working days of receipt. Staff not involved in your
original request will undertake the review. If you are not satisfied with
the result of the review you then have the right to make a formal complaint
to the Scottish Information Commissioner at
http://www.itspublicknowledge.info/Appeal.

A request for a review should be made in writing to:

The Information Governance Manager
Democratic and Administration Services
Cunninghame House
Irvine
Ayrshire
KA12 8EE

Email : [email address]

The supply of documents under the terms of the Freedom of Information
(Scotland) Act 2002 does not give the applicant or whoever receives the
information any right to re-use it in such a way that might infringe the
Copyright, Designs and Patents Act 1988. This includes making multiple
copies, publishing or otherwise distributing the information to other
individuals and the public.

While efforts have been made to ensure the accuracy of this information,
its accuracy is not warranted. In particular, the Council accepts no
liability for onward sale or transfer of this information to any third
party and for any reliance placed on such information by you or by a third
party.

If you need further help please telephone Anne Toal on 01294 324305.

Yours sincerely

Anne Toal
FOI Co-ordinator

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For your information - Your details received :
Name: Doug Paulley

Address:
email: [FOI #443053 email]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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. =

Is this the definition you have used for a taxi or PHV to be considered w=
heelchair accessible for the purposes of the list?

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 ru=
nning". =

Have you updated such rules to make this clear?

2h) How many drivers has the authority prosecuted for discriminatory beha=
viour contrary to S165 of the Act? How many such prosecutions were succes=
sful? What were the sentences?

3) If you do not have a S167 list or lists now, please indicate if you no=
w intend to produce such a list. =

4b) Where you have already made relevant decisions, please indicate wheth=
er you intend to comply with the elements of the statutory guidance set o=
ut in 2b) to 2f) above.

5a) How many exemptions have you granted under S166 of the Equality Act 2=
010?

Do you accept or require a letter or report from a GP to process applicat=
ions for driver exemption under S166?

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

5f) How many appeals against refusal to issue S166 exemptions were succes=
sful?

Thank you

Yours faithfully,

Doug Paulley

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

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