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First Bus wins appeal meaning drivers won't be legally required to ask parents to move buggies from bays for wheelchair users | First Bus wins appeal meaning drivers won't be legally required to ask parents to move buggies from bays for wheelchair users |
(about 4 hours later) | |
Bus companies will not be legally required to compel parents to move their children’s buggies to make way for wheelchair users, following a judgement at the Court of Appeal today. | Bus companies will not be legally required to compel parents to move their children’s buggies to make way for wheelchair users, following a judgement at the Court of Appeal today. |
The “proper remedy” for wheelchair users to get improvements in such cases is to ask Parliament, three judges ruled. | The “proper remedy” for wheelchair users to get improvements in such cases is to ask Parliament, three judges ruled. |
First Bus Group had asked the judges to give a ruling following a woman's refusal to move a pushchair with a sleeping baby from a bay on a bus to Leeds in 2012, in order to allow wheelchair user Doug Paulley to board. | First Bus Group had asked the judges to give a ruling following a woman's refusal to move a pushchair with a sleeping baby from a bay on a bus to Leeds in 2012, in order to allow wheelchair user Doug Paulley to board. |
The judges heard that the bus operator has a policy of “requesting but not requiring” non-disabled travellers to vacate the space if it is needed by a wheelchair user. | The judges heard that the bus operator has a policy of “requesting but not requiring” non-disabled travellers to vacate the space if it is needed by a wheelchair user. |
A judge at Leeds County Court had previously ruled that the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people. | A judge at Leeds County Court had previously ruled that the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people. |
Mr Paulley, from Wetherby, West Yorkshire, won £5,500 in damages against First Group, after Recorder Paul Isaacs declared the company should have taken measures to ensure he was not at a disadvantage when he tried to get on the bus. | Mr Paulley, from Wetherby, West Yorkshire, won £5,500 in damages against First Group, after Recorder Paul Isaacs declared the company should have taken measures to ensure he was not at a disadvantage when he tried to get on the bus. |
Martin Chamberlain QC, for First Group, told the appeal court that there was a long-running problem on public transport that had produced conflicting court decisions and bus operators were now seeking legal clarity. | Martin Chamberlain QC, for First Group, told the appeal court that there was a long-running problem on public transport that had produced conflicting court decisions and bus operators were now seeking legal clarity. |
On Twitter, there were mixed responses to the ruling. Many Twitter users expressed their disappointment at the outcome: | On Twitter, there were mixed responses to the ruling. Many Twitter users expressed their disappointment at the outcome: |
The ruling on disabled spaces on buses/trains seems to equate the faff of a pram with the hard fact of a wheelchair. | The ruling on disabled spaces on buses/trains seems to equate the faff of a pram with the hard fact of a wheelchair. |
Can't believe the attitude of the mother who wouldn't move her buggy to allow wheelchair user to get on bus. Another example of pushy mums? | Can't believe the attitude of the mother who wouldn't move her buggy to allow wheelchair user to get on bus. Another example of pushy mums? |
Can all members of parliament and judges get in a wheelchair and try to get on a train or bus and see for themselves just how difficult... | Can all members of parliament and judges get in a wheelchair and try to get on a train or bus and see for themselves just how difficult... |
However, others Twitter users were more sympathetic towards the ruling: | However, others Twitter users were more sympathetic towards the ruling: |
I don't think anyone should be forced to move on a bus. So glad I have a car #pushchair #wheelchair | I don't think anyone should be forced to move on a bus. So glad I have a car #pushchair #wheelchair |
Isn't the most tragic thing about the First Bus ruling that both wheelchair-users and buggy-users are treated appallingly by bus companies? | Isn't the most tragic thing about the First Bus ruling that both wheelchair-users and buggy-users are treated appallingly by bus companies? |
Mr Paulley's defence of the Isaacs decision is being funded by the Equality and Human Rights Commission. His lawyers have now applied to appeal to the Supreme Court. | Mr Paulley's defence of the Isaacs decision is being funded by the Equality and Human Rights Commission. His lawyers have now applied to appeal to the Supreme Court. |
"I have cerebral palsy and have always used a wheelchair. It was impossible to use the buses in London until I was 16 because there were no wheelchair spaces. It felt like a breakthrough when they were introduced. | |
"But there have been many occasions when I haven’t been able to get on a bus because of buggies taking up the space. It is frustrating. | |
"People with buggies don’t tend to move for you and I don’t like to ask them to because it makes me feel vulnerable; I don’t know how they’ll react. Sometimes they get angry and say it is their right to stay there, which is now true thanks to this ruling. | |
"Disabled people tried for years to get space on the bus. It feels very unfair." |
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