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

The request was successful.

Dear Vale of White Horse District 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

FOI Vale, Vale of White Horse District Council

Dear Mr Paulley,

Thank you for your Freedom of Information request which was received by
the Vale of White Horse District Council on: 4 November 2017
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and a response will be
sent to you within 20 working days.
The deadline for this will be: 4 December 2017
The reference number for this request is: Vale 17/720
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have any queries in the meantime,
please do not hesitate to contact the FOI team at [Vale of White Horse District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
[2]www.whitehorsedc.gov.uk 

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

From: Doug Paulley <[FOI #443232 email]>
Sent: 04 November 2017 05:07
To: FOI Vale
Subject: Freedom of Information request - S167 List of Accessible Taxis:
update after 6 months - B previous date set
 
Dear Vale of White Horse District 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
[3]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

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

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[FOI #443232 email]

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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

References

Visible links
1. http://www.southoxon.gov.uk/
2. http://www.whitehorsedc.gov.uk/
3. https://www.gov.uk/government/uploads/sy...
4. https://www.whatdotheyknow.com/change_re...
5. https://www.whatdotheyknow.com/help/offi...
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Shankar Sivishankar,

Dear Sirs,

Further to your FOI request, please see answers in bold.

Kind Regards

Shankar Sivashankar

Interim Team Leader - Licensing

South Oxfordshire District Council & Vale of White Horse District Council

135 Eastern Avenue, Milton Park, Milton, Abingdon, Oxfordshire, OX14 4SB

Telephone: 01235422561

Mobile: 

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?

A: A list is available. does not make differentiation as to HC or PHV.  

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? 

A: Unavailable

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?

A: Yes

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?

A: The list is published, but does not state the Section. 

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?

A: No

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?

A: Yes

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?

A: No

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.

A: Nil/Nil

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?

A: Nil/N/a

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?

A: Nil/N/a

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?

A: N/a

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

A: N/a

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.

A; N/a
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.

A: N/a

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?

A: None

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?

A: Yes

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?

A: No

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

A: N/a

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?

A: N/a

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

A: N/a

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?

A: No

Dear Vale of White Horse District Council,

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

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

I'm not certain you are talking about a S167 list. I can't find such a list on your website. Your response that you don't know when the list was put in place seems unlikely given the paperwork required to institute one and that the list could only have been put in place after 6th April 2017. I also can't find the list on your website. I therefore don't have confidence that the information you have provided is the information I requested.

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

FOI Vale, Vale of White Horse District Council

Dear Mr Paulley,

Thank you for your request for an internal review. This request was
received by the Vale of White Horse District Council on: 27 November 2017
Please accept this email as confirmation that your request has been
received. A response will be sent to you within 20 working days.
The deadline for this will be: 27 December 2017
The reference number for this request is: Vale 17/795
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have any queries in the meantime,
please do not hesitate to contact the FOI team at [Vale of White Horse District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
[2]www.whitehorsedc.gov.uk 

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

From: Doug Paulley <[FOI #443232 email]>
Sent: 27 November 2017 11:40
To: FOI Vale
Subject: Internal review of Freedom of Information request - S167 List of
Accessible Taxis: update after 6 months - B previous date set
 
Dear Vale of White Horse District Council,

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

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

I'm not certain you are talking about a S167 list. I can't find such a
list on your website. Your response that you don't know when the list was
put in place seems unlikely given the paperwork required to institute one
and that the list could only have been put in place after 6th April 2017.
I also can't find the list on your website. I therefore don't have
confidence that the information you have provided is the information I
requested.

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

Yours faithfully,

Doug Paulley

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #443232 email]

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

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

***If you send an email to us between 6pm on Friday 1 December – 8am on
Monday 4 December it may not reach us as we will be doing some technical
work on our email systems. Please email outside of those hours if
possible.***

References

Visible links
1. http://www.southoxon.gov.uk/
2. http://www.whitehorsedc.gov.uk/
3. https://www.whatdotheyknow.com/request/s...
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/ico-...

Shankar Sivishankar,

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

From: Shankar Sivishankar
Sent: 27 November 2017 13:47
To: [FOI #443232 email]
Subject: FOI
 

Dear Sir,

Further to your email request regarding a review, may I ask whether the
list you are seeing on our website are the same as the link below?

[1]http://www.southoxon.gov.uk/ccm/support/...

[2]http://www.southoxon.gov.uk/ccm/support/...

Kind Regards,

Shankar Sivashankar

Interim Team Leader - Licensing

South Oxfordshire District Council & Vale of White Horse District Council

135 Eastern Avenue, Milton Park, Milton, Abingdon, Oxfordshire, OX14 4SB

Telephone: 01235422561

Mobile: 

***If you send an email to us between 6pm on Friday 1 December – 8am on
Monday 4 December it may not reach us as we will be doing some technical
work on our email systems. Please email outside of those hours if
possible.***

References

Visible links
1. http://www.southoxon.gov.uk/ccm/support/...
2. http://www.southoxon.gov.uk/ccm/support/...

Shankar Sivishankar,

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

From: Shankar Sivishankar
Sent: 27 November 2017 13:47
To: [FOI #443232 email]
Subject: FOI
 

Dear Sir,

Further to your email request regarding a review, may I ask whether the
list you are seeing on our website are the same as the link below?

[1]http://www.southoxon.gov.uk/ccm/support/...

[2]http://www.southoxon.gov.uk/ccm/support/...

Kind Regards,

Shankar Sivashankar

Interim Team Leader - Licensing

South Oxfordshire District Council & Vale of White Horse District Council

135 Eastern Avenue, Milton Park, Milton, Abingdon, Oxfordshire, OX14 4SB

Telephone: 01235422561

Mobile: 

***If you send an email to us between 6pm on Friday 1 December – 8am on
Monday 4 December it may not reach us as we will be doing some technical
work on our email systems. Please email outside of those hours if
possible.***

References

Visible links
1. http://www.southoxon.gov.uk/ccm/support/...
2. http://www.southoxon.gov.uk/ccm/support/...

Dear Shankar Sivishankar,

1) I submitted separate Freedom of Information requests to the separate councils, using two separate email addresses. Please stop sending your responses to the incorrect email addresses.

2) The lists you link do not appear to be linked to on the council websites.

3) Please stop referring the issue back to me and conduct the two internal reviews as requested. Should you not do so I shall feel no compunction in referring the matter to the ICO. I have spent enough time trying to decipher and obtain information from your two councils; you have taken up considerably more time than for nearly all of the remainder of the 347 licencing authorities. I'm getting fed up with it and I just want the information I requested, reliable and accurate, to the email addresses I used and with the minimum of extra pfaf. As is my legal right.

Yours sincerely,

Doug Paulley

Down, Andrew,

Dear Mr Paulley

Thank you for your request for an internal review of the council's
response to your request.

I have reviewed your request, and I have concluded that the council's
response was incorrect.  The council does not currently publish a list of
designated vehicles under s167 of the Equality Act 2010.

There is a list of disabled access vehicles published (on the council
website www.whitehorsedc.gov.uk click Business, then Licensing, then
Licensing Registers, then Disabled Access Vehicles).  However, I agree
with you that this does not meet the criteria to be classed as a s167
list.

I will follow this matter up with the licensing team.

Kind regards.

Andrew Down
Head of Devolution and Government
South Oxfordshire and Vale of White Horse District Councils
Phone (internal) 22300, (external) 01235 422300
Email [email address]
[1]http://www.southoxon.gov.uk
[2]http://www.whitehorsedc.gov.uk

show quoted sections

Dear Down, Andrew,

Thank you;

I have sent the following request to the ICO.

Dear ICO

Please conduct a S50 assessment of this request:

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

In response to my Freedom of Information Request, they indicated that
they have a designated list of wheelchair accessible taxis under the
powers set out under S167 of the Equality Act 2010. I disputed their
response as it was contradictory with other information they had
provided in response to this FOI request and also on their website, so
I requested an internal review.

In their internal review response, they indicated:

"I have concluded that the council's response was incorrect. The
council does not currently publish a list of designated vehicles under
s167 of the Equality Act 2010."

That answers that aspect, however that also means that they have
failed to provide much of the information I requested. They have not
provided information in response to these elements of my request:

"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."

They simply answered "n/a" because they originally claimed to have a
S167 list - which they now admit they don't.

I have had considerable problems attempting to extract accurate
information from this Council, and its partner council South
Oxfordshire, in my FOI requests of April 2017 and November 2017. They
have proven to be remarkably abstruse, inaccurate, dilatory and
unhelpful. This is yet another symptom of the difficulties I have
experienced. You were involved in investigating their responses to my
related request in April 2017 under FS50687391 and FS50687386.

Please conduct an assessment under S50 of the Act, of their compliance
with their compliance with their obligation under S1 of the Freedom of
Information Act in regard to this new request.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

Down, Andrew,

Dear Mr Paulley

In answer to your original questions:

(3) Yes, the council does intend to produce a s167 list.

(4)(a) The intention is to carry out the work during the financial year
2018/19.

(4)(b) Yes, the council does intend to comply with the statutory guidance
as set out in your questions (2)(b) to (2)(f).

I believe we have now answered all of your questions.  Please accept my
apology for the poor response provided by the council up until this point.

Kind regards.

Andrew Down
Head of Partnership and Insight
South Oxfordshire and Vale of White Horse District Councils
Phone (internal) 22300, (external) 01235 422300
Email [email address]
[1]http://www.southoxon.gov.uk
[2]http://www.whitehorsedc.gov.uk

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

From: Doug Paulley <[FOI #443232 email]>
Sent: 22 December 2017 22:48
To: Down, Andrew
Subject: Re: Internal review of Freedom of Information request - S167 List
of Accessible Taxis: update after 6 months - B previous date set vale
17/795 (in relation to Vale 17/720)
 
Dear Down, Andrew,

Thank you;

I have sent the following request to the ICO.

Dear ICO

Please conduct a S50 assessment of this request:

[3]https://www.whatdotheyknow.com/request/s...

In response to my Freedom of Information Request, they indicated that
they have a designated list of wheelchair accessible taxis under the
powers set out under S167 of the Equality Act 2010. I disputed their
response as it was contradictory with other information they had
provided in response to this FOI request and also on their website, so
I requested an internal review.

In their internal review response, they indicated:

"I have concluded that the council's response was incorrect. The
council does not currently publish a list of designated vehicles under
s167 of the Equality Act 2010."

That answers that aspect, however that also means that they have
failed to provide much of the information I requested. They have not
provided information in response to these elements of my request:

"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."

They simply answered "n/a" because they originally claimed to have a
S167 list - which they now admit they don't.

I have had considerable problems attempting to extract accurate
information from this Council, and its partner council South
Oxfordshire, in my FOI requests of April 2017 and November 2017. They
have proven to be remarkably abstruse, inaccurate, dilatory and
unhelpful. This is yet another symptom of the difficulties I have
experienced. You were involved in investigating their responses to my
related request in April 2017 under FS50687391 and FS50687386.

Please conduct an assessment under S50 of the Act, of their compliance
with their compliance with their obligation under S1 of the Freedom of
Information Act in regard to this new request.

Thank you

Doug Paulley

Yours sincerely,

Doug Paulley

show quoted sections

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