S167 List of Accessible Taxis: update after 6 months - B previous date set

The request was successful.

Dear City of Edinburgh 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 but were intending to create such a list in the relatively imminent future.

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 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 still 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

City of Edinburgh Council

Mr Doug Paulley

Date: 07/11/2017

Our ref: 16802

Dear Mr Paulley

Acknowledgement of Request

Subject: S167 List of Accessible Taxis

Thank you for your request for information of 06/11/2017 which was received on 06/11/2017. In your request you asked for the following;

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 but were intending to create such a list in the relatively imminent future.

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 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 still 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?

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 04/12/2017 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Information Rights Officer 5, City of Edinburgh Council

2 Attachments

Mr Doug Paulley

 

[FOI #443156 email]

 

Our ref: 16802

 

Dear Mr Paulley

 

Freedom of Information (Scotland) Act 2002 - Partial Release of
Information

 

Subject: List of Accessible Taxis

 

Thank you for your request for information of 06/11/2017, which has been
processed under the terms of the Freedom of Information (Scotland) Act
2002. Unfortunately, the Council is only able to meet part of your
request; this information is released to you now in the format requested.
Please also accept our apologies for the delay in our response.

 

Where the Council does not hold the information which you requested,
please note that this letter constitutes a formal notice under section 17
of the Freedom of Information (Scotland) Act 2002.

 

For ease of reference I shall address each of your questions in turn.

 

You asked the following:

 

In response to my previous FOI request on similar matters in April 2017
(14857), you indicated that you did not have a Section 167 list but were
intending to create such a list in the relatively imminent future.

 

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.'

 

Q1. Please can you indicate whether 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. All Taxis licensed by the City of Edinburgh Council are wheelchair
accessible as result of a long standing condition of licence, please
visit:
http://www.edinburgh.gov.uk/directory_re...
[1]http://www.edinburgh.gov.uk/directory_re...

for the Licensing Conditions for Taxis and Private Hire Cars and Drivers,
these conditions highlight how fares should be charged and how wheelchairs
should be transported. If the licence holder breaches any of the licence
conditions they are at risk of having their licence suspended or
revoked.    

 

The council similarly requires all taxi drivers to provide assistance
unless medically exempt.

 

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

 

A2. As all licensed taxis are wheelchair accessible the City of Edinburgh
Council does not have a list, therefore questions 2a) to 2j) are not
relevant.

 

The Licensing Register will be updated shortly to confirm which Private
Hire Cars are wheelchair accessible. Only a very small number are licensed
and these are in use for contracts and not available for general hire by
the public.

 

Q2a. On what date was it put in place?

 

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.'

 

Q2b. Is this the definition you have used for a taxi or PHV to be
considered wheelchair accessible for the purposes of the list?

 

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.'

 

Q2c. 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?

 

A2a - A2c. Taxi drivers were already required to do so in Edinburgh by
means of a condition of licence, see information above about PHC
restricted use if modified to take wheelchairs.

 

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.'

 

Q2d. 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?

 

A2d. No.

 

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.'

 

Q2e. Have you provided non-exempt taxi/PHV drivers with such guidance?

 

A2e. Already a condition of licence and provided to new drivers.

 

Q2f. 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?

 

A2f. Please refer to current conditions of licence.

 

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.'

 

Q2g. Please tell me how many such applications have been made to the
Magistrates Court, and how many have been successful.

 

A2g. This information is not held by the Council.

 

Q2h. 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?

 

A2h. The council does not prosecute these matters and we are not aware of
any prosecutions or indeed complaints.

 

Q2i. 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?

 

A2i. See above.

 

Q2j. 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?

 

A2j. See above.

 

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

 

A3. All taxis are wheelchair accessible please visit:
http://www.edinburgh.gov.uk/downloads/fi... for more
information. The register for PHC is still to be updated.  

 

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. Please visit the link, at question 3, to confirm all licensed taxis.

 

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.  An update on the Implementation of the Equalities Act 2010 Section
165/167 was presented to the Regulatory Committee on 21 April 2017, please
visit:
[2]http://www.edinburgh.gov.uk/meetings/mee...
for more information.

 

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.'

 

Q5a. How many exemptions have you granted under S166 of the Equality Act
2010? – 363 have been exempted from the current condition of licence and
the Councils view is that this is relevant to the 2010 Act.

 

Q5b. 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?

 

A5a & A5b. All drivers requesting an exemption from assisting wheelchairs
are referred to the Councils independent medical advisor for an
assessment.

 

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'

 

Q5c. Have you appointed independent medical assessors to determine
applications for medical exemption under S166?

 

A5c. No, the Council already had separate arrangements to ensure that all
medical matters are considered by a medical advisor.

 

Q5d. Please provide a copy of your application form for driver exemption
under S166.

 

A5d. Please see the attached document.

 

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.'

 

Q5e. How many appeals against refusal to issue S166 exemptions have been
heard?

 

A5e. See above.

 

Q5f. How many appeals against refusal to issue S166 exemptions were
successful?

 

A5f. N/A.

 

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.'

 

Q6. 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.

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
[3]http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to:

 

Head of Strategy & Insight

The City of Edinburgh Council

Waverley Court Business Centre 2:1

4, East Market Street

Edinburgh

EH8 8BG or,

Email: [email address]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please quote
the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website: www.itspublicknowledge.info/Appeal

Email: [email address]

 

Yours sincerely

 

 

Clayton Pratt

Information Rights Officer

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[Edinburgh City Council request email] www.edinburgh.gov.uk

 

Clayton Pratt | Information Rights Officer | Strategy & Insight Division
| Chief Executive | The City of Edinburgh Council | Business Centre 2.1 |
Waverley Court | 4 East Market Street | Edinburgh | EH8 8BG |

( 0131 529 7515 | * [4][email address]
| [5][email address]

 

[6]cid:image003.jpg@01D3589C.6018D920

 

 

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References

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1. http://www.edinburgh.gov.uk/directory_re...
2. http://www.edinburgh.gov.uk/meetings/mee...
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4. mailto:[email address]
5. mailto:[email address]

Dear City of Edinburgh Council,

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

I am writing to request an internal review of City of Edinburgh Council's handling of my FOI request 'S167 List of Accessible Taxis: update after 6 months - B previous date set'.

I am confused by the response you have provided.

You have linked to your licencing committee's papers of summer 2017, in which you indicate you recommend and intend to create a S167 list, designating it as such. Yet in response to my request, you haven't indicated whether or not you have a S167 list (as I asked) nor whether you still intend to make one, nor the date by which you intend to do so. NB: your statement "All Taxis licensed by the City of Edinburgh Council are wheelchair accessible as result of a long standing condition of licence" is irrelevant to my request; I am asking specifically and solely about whether or not you have or intend to have a list compiled under S167 of the Equality Act 2017 and whether it complies or will comply with all the technical standards set out under S167. Please provide the information I have requested.

You say at one point "As all licensed taxis are wheelchair accessible the City of Edinburgh Council does not have a list". Yet you said to the licencing committee you were going to make a S167 list by means of updating the existing register of licensed taxis to show that that they are wheelchair accessible and thus considered ‘designated vehicles’ for the purposes of Section 167 of ‘the 2010 Act’.

I am therefore very confused as to whether you have a list, whether you don't but intend to have a list, if so when you intend to have it, or whether you now don't intend to have a list. As a result the responses to the other elements of my request also confuse me. Please revisit them all and provide the actual information I am requesting.

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

Yours faithfully,

Doug Paulley

City of Edinburgh Council

Dear Mr Paulley

Freedom of Information (Scotland) Act 2002 - Request for Review

Subject: List of Accessible Taxis

Thank you for your correspondence of 8 December 2017 asking that the Council reviews its handling of your request for information of 6 November 2017.

You requested a review as you were dissatisfied with the Council's original response.

I can confirm that the Council will deal with your review promptly under the provisions of the Freedom of Information (Scotland) Act 2002. You will receive a full response no later than 20 working days upon receipt of your request.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

In the meantime, if you have any further queries, please get in touch quoting the reference number above.

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

I have requested the ICO conduct a S50 assessment of this request in the following terms.

Dear ICO,

Please conduct an assessment of City of Edinburgh Council's handling
of my FOI request at
https://www.whatdotheyknow.com/request/s...

Their response is very confused and I struggle to extract from it the
information I requested.

They linked to their licensing committee's papers of summer 2017, in
which they indicated they recommended and intended to create a S167
list, designating it as such. Yet in response to my request, they
haven't indicated whether or not they have a S167 list (as I asked)
nor whether they still intend to make one, nor the date by which
they intend to do so.

NB: their statement "All Taxis licensed by the City of Edinburgh
Council are wheelchair accessible as result of a long standing
condition of licence" is irrelevant to my request; I specifically and
solely asked about whether or not they have or intend to have a
list compiled under S167 of the Equality Act 2017 and whether it
complies or will comply with all the technical standards set out under
S167.

They say at one point "As all licensed taxis are wheelchair accessible
the City of Edinburgh Council does not have a list". Yet they said
to the licencing committee you were going to make a S167 list by means
of updating the existing register of licensed taxis to show that that
they are wheelchair accessible and thus considered ‘designated
vehicles’ for the purposes of Section 167 of ‘the 2010 Act’.

I am therefore very confused as to whether they have a list, whether
they don't but intend to have a list, if so when they intend to have
it, or whether they now don't intend to have a list. As a result
the responses to the other elements of my request also confuse me.

I therefore asked them to undertake an internal review on 8th
December, but they haven't.

So please conduct an assessment of their handling of my FOI request.

Thank you

Doug Paulley

Yours faithfully,

Doug Paulley

Review, City of Edinburgh Council

Dear Mr Paulley,

I can confirm that we are undertaking a review into your freedom of information request and the due date for our response is the 11 January 2018, due to public holidays.

As noted in the Council's review acknowledgement if you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

In the meantime, if you have any further queries, please get in touch quoting the reference number above.

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

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Review, City of Edinburgh Council

2 Attachments

Dear Mr Paulley,

 

Please find attached the response to your request for review which has
been dealt with under the terms of the Freedom of Information (Scotland)
Act 2002.

 

Yours sincerely,

 

Chris Peggie

Review Officer

 

Chris Peggie | Review Officer | Information Compliance| Strategy & Insight
Division | Chief Executive | The City of Edinburgh Council | Business
Centre 2:1 | Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG |
0131 529 4494 |  [1][email address] | [2]www.edinburgh.gov.uk

[3]image002 (002)

 

 

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