Implementation of S167 lists of taxis - Previously A

The request was successful.

Dear Lancaster 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 two similar requests to you, one in April 2017 and one in November 2017. I am now requesting an update to assess the impact of implementing this legislation, 12 months after it was commenced. Please note: this request is not identical to my previous requests and in any case asks for updated information as of the time of sending the request. It is therefore not appropriate to respond simply "see previous answer" or "situation unchanged".

In response to my previous FOI request on similar matters in November 2017, you indicated that you had implemented a S167 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 still 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 so, please provide information in response to the following questions 2a) to 2i):
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) 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."

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?

Yours faithfully,

Doug Paulley

info, Lancaster City Council

2 Attachments

Dear Mr Paulley,

I write to confirm receipt of your request for information, which was
received on 2nd May 2018 and is now being processed under the Freedom of
Information Act 2000. Your request has been given the unique reference
number as stated in the subject header above and you should quote this
reference number in all correspondence. You should receive our response
within 20 working days; this means that you can expect to receive the
requested information by 1st June 2018. If we are unable to deal with your
request within that time limit or the Council does not hold the
information or there is a reason for it to be withheld, we will promptly
advise you in writing.

If you have any queries or concerns then please do not hesitate to contact
me. Please remember to quote the reference number above in any future
communications.

Kind regards,

 

Clay Garland

Information Governance Officer / Deputy Data Protection Officer

Email: [email address]

Tel: (01524) 58 2204

 

Governance (Information Governance), Town Hall, Lancaster LA1 1PJ

Email: [1][Lancaster City Council request email]                               

Website: [2]http://www.lancaster.gov.uk

 

[3]cid:image002.jpg@01D30F99.38449CF0[4]cid:image002.jpg@01D29817.500BB520

     [5]www.gov.uk/register-to-vote

 

 

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info, Lancaster City Council

2 Attachments

Dear Mr Paulley,

Freedom of Information Request - Ref: FOI 1725

Thank you for your request received on 2nd May 2018 in which you asked for
the following information from the City Council:

 

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 still 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 so, please provide information in response to the following
questions 2a) to 2i):

a)    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?

b)    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?

c)    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?

d)    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?

e)    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?

f)     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.

g)    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?

h)    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?

i)      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)    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."

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

b)    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?

c)    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?

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

e)    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?

f)     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?

 

Your request has been handled under the Freedom of Information Act 2000
(FOIA).

 

Response

 

1)    Yes.

2)    –

a.    Yes.

b.    The list has been published. It is not marked designated for the
purposes of s165 of the act. The make and model of each vehicle is listed.
Each vehicle is identified as a Hackney Carriage or Private Hire Vehicle.
Operators are named. Owners and drivers are aware that the list has been
published.

c.     No.

d.    Yes, during training on the initial application. Supplementary
advice is given through newsletters.

e.    No.

f.      0.

g.    0.

h.    0.

i.      0 prosecutions.

3)    –

a.    0.

b.    Accepted document would be a letter from a GP.

c.     No.

d.    No application form – requests are made in writing.

e.    0.

f.      0.

4)    No.

 

 

If you have any queries or concerns about this response, please contact
this office. For details of how to appeal a decision we have made, see
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Lancaster City Council

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Lancaster

LA1 1PJ

 

Email:  [1][Lancaster City Council request email]

 

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Yours sincerely

 

Clay Garland

Information Governance Officer / Deputy Data Protection Officer

Email: [email address]

Tel: (01524) 58 2204

 

Governance (Information Governance), Town Hall, Lancaster LA1 1PJ

Email: [3][Lancaster City Council request email]                               

Website: [4]http://www.lancaster.gov.uk

 

[5]cid:image002.jpg@01D30F99.38449CF0[6]cid:image002.jpg@01D29817.500BB520

     [7]www.gov.uk/register-to-vote

 

 

 

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