1. Taxis, wheelchairs and local authorities: an update

    Last year, we highlighted a bureaucratic loophole that allows taxi drivers to discriminate against passengers in wheelchairs.

    As WhatDoTheyKnow volunteer Doug Paulley discovered through multiple Freedom of Information requests at the time, the lack of a simple piece of administration meant that taxi drivers could refuse to take wheelchair users, or charge them extra, with complete impunity.

    New legislation set a fine of up to £1,000 for such behaviour, but it can only be applied if the local council has a list of designated list of wheelchair-accessible taxis. Back in April 2017, Doug’s research indicated that 59% of authorities had no such list, nor a plan to create one.

    A year later, Doug has revisited the research, and while that figure has gone down slightly, there is still cause for concern. Doug explains:

    As it is now more than one year since sections 165-167 of the Equality Act 2010 were commenced (the provisions designed to combat taxi drivers’ discrimination against wheelchair users) I have updated my research into its implementation and efficacy.

    No driver has faced any enforcement action under S165 of the Act, anywhere in the country. I find it difficult to believe that there haven’t been any offences committed under S165 of the Act. I have experienced several myself. I think that the fact that there have been no such enforcement actions suggests a fundamental problem with the (frankly) clunky implementation of the provisions of the Act.

    As of October / November when I submitted my follow-up Freedom of Information requests, only 35% of local authorities had implemented the new provisions in their area, and only a further 16% (total 51%) of authorities intended to do so by now. Given that the Department for Transport’s statutory guidance on such recommended that all authorities implement the provisions by October 2017, this is concerning.

    Many of the authorities that have attempted to implement the legislation have failed to comply with the fine print, likely making the provisions unenforceable in their area. As for the government’s good practice recommendations that councils e.g. publish the size of wheelchair each taxi can take — no councils are doing that.

    I am sure that when Baroness Deech told the Secretary of State that he was defying Parliament’s will by failing to commence these provisions, she expected to have a much greater impact on discrimination. I’m really disappointed that this has sadly not been borne out in reality.

    You can find lots more information about this issue, along with all the facts and figures, on Doug’s website. There’s also an invitation to contact your local councillors if you’d like to draw their attention to this issue.

    Image: Tam Le (CC by-nc-nd/2.0)

  2. ATOS, Capita, PIP… and some persistent FOI requests

    An article in the current Private Eye Magazine has drawn our attention to the use that disability campaigner John Slater is making of our Freedom of Information service WhatDoTheyKnow.com.

    In December 2016, Mr Slater asked the Department for Work and Pensions (DWP) to release the monthly “management information reports” received from contractors ATOS and Capita in relation to their work assessing eligibility for Personal Independence Payment benefits.

    Mr Slater has pursued his request for over a year, and wasn’t put off by an initial response which stated that the information requested wasn’t held, nor a subsequent response refusing to release the material citing the contractors’ “commercial interests”.

    In December 2017, a year after Mr Slater made his request, the Information Commissioner ordered the DWP to release the material, stating “The Commissioner has not been satisfied that disclosing the withheld information would be likely to damage the commercial standing of ATOS and Capita”. The Information Commissioner dismissed the DWP’s concerns that the information requested could be “misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers as well as prejudice the efficient conduct of public affairs”.

    The Information Commissioner’s decision notice was highly critical of the way the DWP had handled the case, noting the use of “standard paragraphs” rather than a discussion of the public interest tailored to the material in question, and DWP failing to engage promptly with the Information Commissioner, thus causing further delay.

    The DWP have not yet complied with the Information Commissioner’s decision; they have appealed and a tribunal hearing is scheduled for April 2018.

    This request is far from the only one showing Mr Slater’s persistence in pursuing the release of information held by the Department for Work and Pensions.

    A request for Project Assessment Review Reports for the Universal Credit Programme that Mr Slater made in April 2016 was initially accepted and the department said they were considering it. Mr Slater chased up the lack of a response in June, and again in August and September, but when, six months after his original request, Mr Slater chased them again in October they deemed his persistence to be vexatious and rejected the request.

    That request has now been further rejected by the DWP, who say that the information “if released would, or would be likely to, prejudice the free and frank provision of advice or which would otherwise, or would be likely otherwise to, prejudice the effective conduct of public affairs.”

    Mr Slater has referred that decision to the Information Commissioner too.

    On the 5th of December 2017, Debbie Abrahams MP, the Shadow Secretary of State for Work and Pensions, deployed the Parliamentary procedure of a motion for “an humble Address be presented to Her Majesty” to seek the release of the documents to the Work and Pensions Committee. MPs agreed the motion unanimously.

    The committee are currently in correspondence with the Government over redaction, and arrangements for access to the material.

    The committee chair, Frank Field MP, has suggested that:

    A couple of copies would be made. These copies will be kept securely and members would be invited to come to the Committee office to read them. No-one else, other than the committee members, will be invited to make this journey to our Committee office and members will not be able to make copies, or take notes, about the documents.

    – so despite the decision by the House of Commons the public still might not get to see the material via that route.

    Mr Slater has been in touch with us and told us he finds the service provided by WhatDoTheyKnow extremely helpful when submitting and managing FOI requests.

    He said that the ease of submitting requests and built in workflow that keeps track of time, reminding users that a response should have been issued, is invaluable. He also likes that a single platform exists where information obtained by its users is made available for everyone, as that embodies the spirit of the Freedom of Information Act.


    Image: John-Mark Kuznietsov (Unsplash)

  3. Is your local authority making life difficult for wheelchair users?

    If you’re in a wheelchair, it can be tricky enough getting around. So it’s particularly disappointing to learn that some taxi firms charge wheelchair passengers extra, and that some drivers refuse to take passengers in wheelchairs at all.

    If you’re thinking ‘surely that’s illegal’ — well, it is. Only from quite recently, though: it was last April that a law came in which imposed a £1,000 fine for drivers who refused or charged extra for those in wheelchairs.

    But there’s a complication. This fine can only be imposed by councils who keep a designated list of all wheelchair-accessible public hire vehicles: no list, no fines.

    Does it matter? Well, that depends on how many councils are intending to compile the list. And as WhatDoTheyKnow volunteer Doug Paulley knows very well, there’s one good way to find out information from every local authority: via a Freedom of Information request.

    Doug used WhatDoTheyKnow to submit FoI requests to all 366 taxi licensing councils, and Transport for London, who administer taxi licensing on behalf of all the London boroughs. The results of his research can be seen in full here, or you can quickly check your own local council on this map.

    As indicated, if your council is one of the 59% who, by not keeping a list, are unable to implement the anti-discrimination law, you might like to contact your councillors to let them know how you feel about that.

    Map of councils keeping/not keeping an S167 list by Doug Paulley


    Header image: Derek Mindler (CC by/2.0)