S167 List of Accessible Taxis: update after 6 months - A existing list

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Dear Brighton and Hove City 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 requesting extra detail. I am doing so 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 have a Section 167 list.

1) Please could you confirm that you still have a S167 list or lists?

2) Assuming so, provide information in response to the following questions 2a) to 2j):
2a) 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?

2b) 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?

2c) 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?

2d) 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?

2e) 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?

2f) 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.

2g) 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?

2h) 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?

2i) 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) 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."

3a) How many exemptions have you granted under S166 of the Equality Act 2010?

3b) 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?

3c) 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?

3d) Please provide a copy of your application form for driver exemption under S166.

3e) 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?

3f) How many appeals against refusal to issue S166 exemptions were successful?

4) 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

Freedom Of Information, Brighton and Hove City Council

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Freedom Of Information, Brighton and Hove City Council

2 Attachments

Good Afternoon

 

Thank you for your recent FOI request, please find below our response:

 

1) Please could you confirm that you still have a S167 list or lists? YES

 

2) Assuming so,  provide information in response to the following
questions 2a) to 2j):

 

2a) 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? YES

 

2b) 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"?YES Is the make and model of each vehicle
listed?YES Is each vehicle identified as a taxi or a private hire
vehicle?YES Is the name of the operator of each vehicle given in the list?
IN PROGRESS Have you made owners and drivers of vehicles on the list aware
that their vehicle has been listed? YES

 

2c) 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? NO

 

2d) 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? YES

 

2e) 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? YES

 

2f) 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. NONE

 

2g) How many drivers has the authority prosecuted for discriminatory
behaviour contrary to S165 of the Act? How many such prosecutions were
successful? What were the sentences? NONE

 

2h) 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? NONE

 

2i) 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? N/A

 

3) 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."

 

3a) How many exemptions have you granted under S166 of the Equality Act
2010? Not recorded in a retrievable format

 

3b) 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? YES

 

3c) 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? YES

 

3d) Please provide a copy of your application form for driver exemption
under S166. IN PROGRESS

 

3e) 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?
NONE

 

3f) How many appeals against refusal to issue S166 exemptions were
successful? N/A

 

4) 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? Not Specifically

 

Many thanks

 

Freedom of  Information Team

Brighton & Hove City Council I 01273 295959

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Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [4]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

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