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

The request was successful.

Dear St Helens Metropolitan Borough Council,

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

I have previously made a similar request to you in April 2017. 6+ months later, I am 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

Contact Centre, St Helens Metropolitan Borough Council

Dear Mr Paulley

Thank you for your recent request for information, which will be treated
as a request under the Freedom of Information Act 2000/Environmental
Information Regulations 2004 (EIR).

Your enquiry has been given a reference number 20171104-00037-1. Please
quote this reference in any future correspondence with us concerning this
matter.

As of the 1st April 2017, if the information you are requesting falls
under EIR (see [1]here for more details) then a charge may be applicable
in line with [2]guidance from the Information Commissioner's Office. Once
your request has been reviewed you will be informed of an appropriate
charge that may be applied.

In accordance with the Act, a response will be sent to you within 20
working days from the date following the receipt of the request or receipt
of an applicable payment.

Kind regards,
St. Helens Council
01744 676789

------------------------ Original Email -------------- Received On:
04/11/2017 05:54:43 GMT
Subject:Freedom of Information request - S167 List of Accessible Taxis:
update after 6 months - A existing list

Dear St Helens Metropolitan Borough Council, I am writing this Freedom of
Information Request in relation to your Council's compliance or otherwise
with the Government's statutory guidance on implementation of S165-167 of
the Equality Act, relating to taxi services for wheelchair users. All taxi
licensing bodies are obliged under S167(6) to have "due regard" to the
document "Access for wheelchair users to taxis and private hire vehicles:
statutory guidance" at
https://www.gov.uk/government/uploads/sy...
/access-for-wheelchair-users-taxis-and-private-hire-vehicles.pdf . 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 authorityb .s (S167) list if it would be possible for the
user of a b .reference wheelchairb . 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 b .designated for the
purposes of section 165 of the Actb .. 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 b .reference
wheelchairb . 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
Magistrateb .s Court, or in Scotland the sheriff, and must be made within
28 days of the vehicle in question being included on the LAb .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 Governmentb .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 Magistrateb .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
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St.Helens Council, St Helens Metropolitan Borough Council

Dear Mr Paulley

 

As response to your recent FOI please see the information below.

 

1. Yes

2a. Yes

2b. Yes

2c. No

2d. No specific guidance exists however within our existing policies and
procedures drivers are asked to provide as much support as they are able.

2e. The conditions and policies were already compliant with this.

2f. None

2g. None

2h. None that we are aware of.

2i. NA

3a. 6

3b. our full procedure is published on our website and contains above
other things, the request for a report from an independent medical
practitioner who is able to access the medical records of the individual
concerned.

3c. Yes these are published on our website.

3d. [1]https://www.sthelens.gov.uk/business/lic...

3e. None

3f. None

4. No

 

Lorraine Simpson

Licensing Manager

If you disagree with our decision or are otherwise unhappy with how we
have dealt with your request, in the first instance please write to St
Helens Council, Internal Audit, Town Hall, Victoria Square, St Helens,
Merseyside WA10 1HP.
Should you remain dissatisfied with the outcome, you have the right under
Section 50 of the Freedom of Information Act to appeal against the
decision by contacting the Information Commissioner, Wycliffe House, Water
Lane, Wilmslow, SK9 5AF.

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