Disability Ruling On the Buses

Campaigners are claiming that a court ruling regarding disability access to Arriva buses doesn’t go far enough.

Judge Peter Bowers, sitting at Teeside Crown Court, directed Arriva North East to “make adjustments” so wheelchair users are not unduly disadvantaged when using their bus services.  He did not, however, agree that Arriva had breached the Equality Act or that they had left wheelchair users at a “substantial disadvantage” compared with able bodied passengers.

The case was brought against the company by several disabled people – with the support of the Darlington Association on Disability – who claimed they had experienced discrimination, such as being denied access to buses when wheelchair accessible vehicle spaces were occupied by other passengers.

Appeal

Arriva North East won the case after it argued it complied with Department of Transport guidelines and its drivers were given appropriate training.

The judge recommended Arriva set up a ‘hotline’ for wheelchair users wishing to use their services.

Chris Fry, who was acting on behalf of the claimants, said they would seek an appeal claiming the judgement “does not go far enough.”  Campaigners had been challenging Arriva’s policy of first come, first served, meaning that bus drivers do not have to force passengers occupying wheelchair spaces to move if a wheelchair user wants to board.

Nigel Featham, managing director for Arriva North East, commented: “We welcome the judgment but were disappointed that the matter went to court as we’re always open and willing to discuss issues affecting people with disabilities to help make public transport even more accessible wherever possible.”

However campaigners and legal experts in the equality field expressed disappointment with the ruling, claiming it fails to recognise the spirit of the Equality Act in terms of placing disabled people, as far as possible, in a position equal to that of able bodied people – even if that means treating disabled people more favourably.