MEDIA RELEASE: 23 September 2013
Wheelchair Users Come First & launch of the
Equal Justice Campaign
A Judge in Leeds has decided that First Bus Group’s “First Come First Served” policy for the disabled bay on its buses substantially disadvantages wheelchair users and is unlawful discrimination in breach of the Equality Act 2010.
In a 20 page Judgment, Recorder Isaacs dissected the approach taken by First Bus Group (and in place with many other bus companies) in failing to keep the wheelchair space free for wheelchair users, and concluded that:
“ … the system of priority given to wheelchair users should be enforced as a matter not of request, to any non-disabled user of the wheelchair space, but of requirement…”
He went on to note that:
“ just as there are conditions of carriage which forbid smoking, making a nuisance or other “anti-social” behaviour on the pain of being asked to leave the bus then a refusal to accede to a requirement to vacate the space could have similar consequences. In my view, once the system had been advertised and in place there would be unlikely to be caused any disruption or confrontation as all passengers would know where they were. Although such a policy might inconvenience a mother with a buggy that, I am afraid, is a consequence of the protection which Parliament has chosen to give to disabled wheelchair users and not to non-disabled mothers with buggies.”
First Buses have been given 6 months to act on the Judgment, after which time unless changes to the policy and training and drivers are made to ensure that wheelchair users have priority over the wheelchair space over other passengers, the Court will consider making an injunction to require the changes to be made by Court Order.
Doug Paulley, the disabled passenger that launched this legal challenge was awarded £5,500.00 in compensation in recognition of the way in which his experiences with First Bus Group’s policy affected his confidence and increased the stress and anxiety of travel.
Doug (35), whose disabilities mean that he relies upon a wheelchair for his independence brought the case with the help of his legal team from Unity Law, expressed his relief at the decision,
“The number one problem for wheelchair users on public transport is whether the wheelchair bay is free. Often it’s filled up with luggage or buggies. Often bus companies advertise the space as a buggy space which can create confusion as to who has priority for it. But the space is there for wheelchair users to travel. It’s the only place on the bus I can travel safely in my wheelchair.”
Doug’s legal team was led by Chris Fry, Managing Partner at Unity Law and included Catherine Casserley one of the UKs leading equal rights barristers from Cloisters Chambers.
“The Judge recognised that companies are often very good at paying lip service to the concept of making transport more accessible, but at grassroots level we are contacted every week by wheelchair users who recount a different story.” says Chris Fry. “There’s no point in having an accessible bus, if the service itself is inaccessible. That makes a mockery of the protection provided to the disabled service user by the Equality Act.”
This case has wide reaching implications, not just to the First Bus Group, but to other bus and train companies operating similar “First Come First Served” practices. It represents a breakthrough to disabled passengers who now have legal precedent to challenge their bus company if they have been unable to travel for similar reasons.
The case also marks the launch of the Equal Justice Campaign. The ability of disabled people to bring Equality Act cases has been critically compromised due to the cutbacks to legal aid and civil costs reforms.
The upshot of the reforms is that it is no longer financially viable for disabled people to take legal action aimed at forcing companies to meet their statutory obligations; rendering the Equality Act obsolete. Fortunately for Doug, he launched his legal action before the reforms were introduced.
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About Unity Law
Unity Law is an award winning niche law firm specialising in representing those affected by disability discrimination. They have particular expertise in the area of employment law, industrial disease litigation and disability rights cases.
Their lawyers work hard to achieve the best possible solution for their clients, with an emphasis on service and support.
Unity Law’s expertise and hands-on approach to looking after their clients has enabled them to develop an unrivalled reputation as specialist lawyers and is evidenced by their industry awards wins and short-listings.
For more information about Unity Law or this press release please contact:
m. 07881 780608
