A disabled man who says bus firms should make able-bodied people move from disabled spaces is set to take his case to the Supreme Court. Doug Paulley, from Yorkshire, argues that wheelchair users should have priority over parents with prams, and a panel of judges will now decide if he is correct.
Doug had tried to board a bus operated by First Group, but was left behind because a mother with a sleeping baby in a pram refused to move. Despite the bus displaying a sign that asks others to give up the space for disabled users, she refused to move out of the designated area when asked by the bus driver, saying the buggy would not fold.
‘This is the single biggest barrier experienced by wheelchair users when accessing transport, and most wheelchair users experience this.’
FirstGroup has a policy of ‘requesting but not requiring’ able-bodied passengers to move if a wheelchair user wants to use the service. This policy has caused anger amongst wheelchair users and disability campaigners.
Doug launched a legal bid and a judge at Leeds County Court ruled the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people.
He won £5,500 in damages after the court ruled First Group should have taken measures to ensure disabled people were not at a disadvantage when using public transport. But that decision was overturned by the appeal court judge, so Doug will now take the case to a panel of seven Supreme Court justices.
Distress for wheelchair users
Doug said: ‘It’s not right that I, and other wheelchair users, should be nervously looking to see if anybody is in the wheelchair space and wondering what will happen.
‘This can cause a great deal of distress. Wheelchair spaces are the only place on the bus that wheelchair users can travel in; if they aren’t available, wheelchair users can’t travel.
‘This is the single biggest barrier experienced by wheelchair users when accessing transport, and most wheelchair users experience this.
‘Bus companies need to have clear policies so that we can have a culture where non-disabled people automatically move to other areas.
‘More needs to be done to ensure that this space is available to wheelchair users when needed.’
Providing clarity
Rosemary Frazer, campaigns manager at disability charity Scope, commented: ‘We hope this case will provide clarity for all bus users. It’s really hard to get around on buses when you have a buggy and young children, but it’s even harder when you are disabled.
‘Before accessible spaces were brought in, it was impossible for wheelchair users to use the bus – I wasn’t able to use a bus until I was 30.
‘Companies allocated accessible spaces on buses following a sustained campaign by disabled people. Today they are often a lifeline into work and the community.
‘Most people don’t realise just how difficult it is for disabled people to get around, to work, the shops, or to visit friends. We’d like to see transport companies looking for ways to make it easier for all of their customers to use their services.’
