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)

Original source – mySociety

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