First Bus Wins Wheelchair Appeal

The First Bus Group has successfully appealed against a ruling that busses must make parents with buggies make room for wheelchair users by law.

Doug Paulley

The issue was brought to court originally by wheelchair user Doug Paulley when he was unable to access a bus when a woman on board with a pushchair refused to move.  Doug was successful at the time but the ruling has now been overturned.

At the time Doug tried to board the bus, back in February 2012, First Bus had a policy in place that they would request parents with prams and buggies to move but could not force them.  Mr Paulley argued that this is unfair and was awarded £5,500 in damages when the court found this policy in breach of the Equality Act 2010.

However, senior judge, Lord Justice Lewison, has since ‘respectfully disagreed’ with the decision, saying: “The judge seems to me to have thought that the needs of wheelchair users trumped all other considerations.”

Disappointment with Outcome

The outcome of this means that if someone refuses to move from the wheelchair bay on a bus then nothing more can be done.  Andy Cole, from the Leonard Cheshire Disabilitycharity, expressed his disappointment with the outcome: “The judgement does not provide clarity and certainty for disabled bus passengers that the space they need will be made available.”

Lord Justice Underhill, who also sided with the First Bus appeal, defended their decision, saying: “It has to be accepted that our ruling means that wheelchair users will occasionally be prevented by other passengers from using the wheelchair space on the bus.

“However, I don’t believe that the fact that some passengers will – albeit rarely – act selfishly and irresponsibly is a sufficient reason for imposing a legal responsibility on bus companies for a situation which is not of their making and  which they can’t prevent.”

Doug Paulley’s lawyers have already applied for permission to appeal this decision with the Supreme Court.