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

The request was successful.

Dear East Dunbartonshire Council,

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

I have previously made a similar request to you in April 2017. 6+ months later, I am repeating the request with some variations. I am repeating because the Statutory Guidance states "We would expect these arrangements to take no more than a maximum of six months to put in place, following the commencement of these provisions" - "these provisions" having been commenced on 6th April.

In response to my previous FOI request on similar matters in April 2017, you indicated that you did not have a Section 167 list and were currently undecided whether to create such a list.

1) The Government guidance states: "Whilst LAs are under no specific legal obligation to maintain a list under section 167, the Government recommends strongly that they do so. Without such a list the requirements of section 165 of the Act do not apply, and drivers may continue to refuse the carriage of wheelchair users, fail to provide them with assistance, or to charge them extra."
Please can you indicate whether you have changed your position since April, such that you do now have a list of wheelchair accessible taxis under your powers set out in Section 167 of the Equality Act 2010, and/or a list of wheelchair accessible private hire vehicles?

2) If you do now have such a list, please provide information in response to the following questions 2a) to 2j):
2a) On what date was it put in place?
2b) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair."
Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?

2c) The statutory guidance states: "Before drivers can be subject to the duties under section 165 of the Act, the LA must first publish their list of designated vehicles, and clearly mark it as ‘designated for the purposes of section 165 of the Act’. LAs should ensure that their designated lists are made easily available to passengers, and that vehicle owners and drivers are made aware. Lists should set out the details of the make and model of the vehicle, together with specifying whether the vehicle is a taxi or private hire vehicle, and stating the name of operator."
Have you published your list? Is it marked "designated for the purposes of Section 165 of the Act"? Is the make and model of each vehicle listed? Is each vehicle identified as a taxi or a private hire vehicle? Is the name of the operator of each vehicle given in the list? Have you made owners and drivers of vehicles on the list aware that their vehicle has been listed?

2d) The guidance states: "it would also be helpful to include information about the size and weight of wheelchair that can be accommodated, and whether wheelchairs that are larger than a “reference wheelchair” can be accommodated."
Does your list include information on each vehicle as to the size and weight of wheelchair that can be accommodated, and whether wheelchairs larger than a "reference wheelchair" can be accommodated?

2e) The guidance states: "We encourage LAs to provide drivers of taxis and PHVs who are not exempt from the duties with clear guidance on their duties with respect to the carriage of passengers in wheelchairs, either as part of existing driver-facing guidance, or as supplementary communication."
Have you provided non-exempt taxi/PHV drivers with such guidance?

2f) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running".
Have you updated such rules to make this clear?

2g) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list."
Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful.

2h) How many drivers has the authority prosecuted for discriminatory behaviour contrary to S165 of the Act? How many such prosecutions were successful? What were the sentences?

2i) How many drivers licensed by yourselves have been prosecuted by other people or bodies for failure to comply with S165 of the Act? How many such prosecutions were successful? What were the sentences?

2j) Where drivers have been prosecuted under S165 of the Act, thus affecting their standing as a "fit and proper person", what resultant disciplinary action have you taken in respect of their taxi or private hire vehicle drivers' licenses?

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

4) If you don't have a S167 list but do intend to produce one, please provide information in response to questions 4a) and 4b) below.
4a) Please indicate when you intend to have the list in place.
4b) Where you have already made relevant decisions, please indicate whether you intend to comply with the elements of the statutory guidance set out in 2b) to 2f) above.

5) Irrespective of whether you have created a list or not or indeed whether you intend to create such a list, since 2010 you have been obliged to process applications under Section 166 of the Equality Act for driver medical exemptions from the duty to transport and not discriminate against wheelchair users. The Guidance states; "the Act allows LAs to grant exemptions from the duties to individual drivers. These provisions are contained in section 166, and were commenced on 1st October 2010."

5a) How many exemptions have you granted under S166 of the Equality Act 2010?

5b) The guidance states: "We understand that some licensing authorities have already put in place procedures for accessing and exempting drivers, and as an absolute minimum, we think that the evidence provided should be in the form of a letter or report from a general practitioner."
Do you accept or require a letter or report from a GP to process applications for driver exemption under S166?

5c) The guidance states: "The Government’s view is that decisions on exemptions will be fairer and more objective if medical assessments are undertaken by professionals who have been specifically trained and who are independent of the applicant. We would recommend that independent medical assessors are used where a long-term exemption is to be issued, and that LAs use assessors who hold appropriate professional qualifications and who are not open to bias because of a personal or commercial connection to the applicant"
Have you appointed independent medical assessors to determine applications for medical exemption under S166?

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

5e) The guidance states: "Section 172 of the Act enables drivers to appeal against the decision of a LA not to issue an exemption certificate. That appeal should be made to the Magistrate’s Court, or a sheriff in Scotland, and must be made within 28 days beginning with the date of the refusal."
How many appeals against refusal to issue S166 exemptions have been heard?

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

6) The guidance states: "We would therefore recommend that LAs also publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchair into a seat within the vehicle. It should be made clear however that this list of vehicles has not been published for the purposes of section 165 of the Act and drivers of those vehicles are therefore not subject to the legal duties to provide assistance."
Do you currently publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchairs into a seat within the vehicle?

Thank you

Yours faithfully,

Doug Paulley

East Dunbartonshire Council

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East Dunbartonshire Council

Dear Mr Paulley

I refer to the above request which has been dealt with pursuant to the
Freedom of Information (Scotland) Act 2002 ("FOI") regarding the request of
information relating to S167 List of Accessible Taxis.

I have set out below the Council's response by reference to your original
questions:

1) The Government guidance states: "Whilst LAs are under no specific legal
obligation to maintain a list under section 167, the Government recommends
strongly that they do so. Without such a list the requirements of section
165 of the Act do not apply, and drivers may continue to refuse the
carriage of wheelchair users, fail to provide them with assistance, or to
charge them extra."
Please can you indicate whether you have changed your position since April,
such that you do now have a list of wheelchair accessible taxis under your
powers set out in Section 167 of the Equality Act 2010, and/or a list of
wheelchair accessible private hire vehicles?

Answer - "The Council does not currently have a list of wheelchair
accessible taxi or private hire vehicles. However and notwithstanding that
it is not a requirement of Section 167 of the Equality Act 2010, the
Council is currently considering production of a list. The Council is
currently putting in place procedures to capture this information,
including adding a section on wheelchair accessibility in the application
form.

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?

Answer - The Council does not currently have a list of wheelchair
accessible taxi or private hire vehicles.

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

Answer - The Council is currently considering production of a list. For
further information see the answer to question 1 above.

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.

Answer - The Council is currently considering production of a list but
there is no confirmed date or intention 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.

Answer - The Council is currently considering production of a list but
there is no confirmed date or intention to have the list in place.

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?

Answer - The Council has not granted any exemptions 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?

Answer - The Council does not currently have any standard procedures in
place for exempting drivers and has never received an application for such
an exemption.

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?

Answer - No

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

Answer - The Council does not currently have an application form for driver
exemptions 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?

Answer - No exemptions have been applied for and therefore no appeals have
been received

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

Answer - No exemptions have been applied for and therefore no appeals have
been received.

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?

Answer - The Council does not currently publish such a list

If you are dissatisfied with the way in which East Dunbartonshire Council
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Stephen Armstrong
Freedom of Information/Data Protection Officer,
East Dunbartonshire Council,
Telephone No. 0141-578 8057

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DISCLAIMER:
This email and any files transmitted with it are intended for the use of the
individual or entity to whom they are addressed. It may contain information of a confidential or privileged nature.

If you have received this email in error please notify the originator of the
message and destroy the e-mail.

East Dunbartonshire Council can not be held responsible for viruses, therefore please scan all attachments.

The views expressed in this message are those of the sender and do not necessarily reflect those of East Dunbartonshire Council who will not
necessarily be bound by its contents.

***********************************************************************************
East Dunbartonshire Council Web Site http://www.eastdunbarton.gov.uk

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