Supreme Court rules buses must prioritise wheelchair users over mums with buggies

Bus companies must end ‘first come, first served’ policies and give priority to wheelchair users after a landmark Supreme Court ruling today.

Backed by the Equality and Human Rights Commission, the case of Paulley vs FirstGroup plc, dubbed 'the battle between the wheelchair and the buggy', will mean wheelchair users should be given priority for wheelchair spaces on buses.

The ruling states that it is “reasonable to expect bus operators to do more” to ensure disabled customers can access their services. Bus companies are advised to have clear policies in place and give training to drivers to remove the barriers wheelchair users face when using buses.

Doug Paulley wrote on his blog: “I am very happy with this judgment, which has affirmed that First Buses’ ‘first come, first served’ policy for occupancy of the wheelchair space is inadequate, and that they, and the rest of the public transport industry must change.

“All seven Supreme Court Justices were unanimous in their decision that First Bus could and should have done more to make sure that the wheelchair space was available to me.

“Disabled people should be able to travel on public transport without unreasonable restriction or difficulty, including in the wheelchair space. Bus companies must make efforts to ensure this is possible.”

'Wheelchair vs buggy'

The Supreme Court unanimously approved the principle fought for over five years by Mr Paulley, and is the first disability discrimination case involving service providers to be heard.

The case centred on whether a ‘first come, first served’ policy was discriminatory against wheelchair users, or if bus companies could do more to ensure wheelchair spaces on buses are vacated when a wheelchair user enters the bus.

In February 2012, Mr Paulley, a wheelchair user, tried to board a FirstGroup bus from Wetherby to Leeds. The wheelchair space was being used by a mother with a pushchair and a sleeping child. She refused the driver's request to move or fold the pushchair and the driver told Mr Paulley he could not board the bus.

The driver would also not allow Mr Paulley to fold down his wheelchair and use an ordinary passenger seat, because the wheelchair could not be secured and was considered a safety hazard.

’A victory for disabled people’s rights’

Equality and Human Rights Commission chair, David Isaac, called the verdict “a victory for disabled people’s rights” and “a hugely important decision, which has helped clarify the current state of the law, and will give confidence to thousands of disabled people in Britain to use public transport.”

He added: “The success of this case means bus companies will have to end ‘first come, first served’ polices, increasing peace of mind for disabled people.

“For years, wheelchair users have been deterred from using vital public transport links because they could not be sure they will be able to get on. Today’s judgment will make that easier.”

First Bus welcomes the decision

First Bus has welcomed today’s decision from the Supreme Court. Managing director Giles Fearnley said: “It has ruled that bus drivers are not required to remove customers from vehicles, which was a key issue for us. This provides welcome clarity for bus operators, our drivers and our customers.

“This was clearly a difficult case for the Supreme Court with six different judgments, and we look forward to receiving further clarity around the decision when the Court publishes its Order. In response, we will implement any necessary changes.

“We recognise how important it is that bus services are accessible for all customers and we lead the industry in improving bus travel for customers with all disabilities. We are therefore also pleased that the Supreme Court found that we did not discriminate against Mr Paulley.”

First Bus invests £300m in 1,600 new buses

The court has suggested that the law should be reconsidered in order to provide much needed clarity for bus companies and their customers, and the Commission will be pressing the Government to commit to these changes in the Bus Services Bill.

Under the Equality Act 2010, companies providing services must make reasonable adjustments to accommodate those living with a disability.

The current First Bus policy around the priority use of the wheelchair space on its vehicles is to ask other customers in the strongest polite terms to make way for a passenger in a wheelchair who needs the space.

First Bus has also invested some £300m in nearly 1,600 new buses in the last four years. All new buses come fitted with extra space for wheelchairs and buggies as standard, as well as extra grab-rails.

’Paulley Principle’

Chris Fry, who represented Mr Paulley through his legal journey, expressed his satisfaction with the decision. He said: “This decision delivers cultural and practical change for disabled people. It establishes what we are calling the ‘Paulley Principle’ which is that bus companies have to give priority use to disabled customers over the wheelchair space.

“The ‘first come, first served’ policy has been ruled a breach of the Equality Act, and immediate changes now need to be made by First Group and other transport companies to promote a more accessible service.

“If you rely on a wheelchair to get around and have had to endure the stress and anxiety of not knowing whether you’re going to be able to get on a bus, this judgment changes your everyday life.

“The law is on your side. The old minimalist policy of requiring bus drivers simply to request someone move will give rise to claims for compensation. We expect to see an immediate difference to the way that disabled passengers are treated.”

Richard Lane, head of communications at disability charity Scope, added: “This is an important milestone. It’s a victory for common sense, and disabled customers will now want to see action from travel companies.

“Wheelchair spaces on buses exist because of a sustained campaign by disabled people. But today many wheelchair users still face difficulties accessing the spaces on buses, often causing a great deal of distress.

“This ruling sends a clear message to transport providers right across the country that they have a responsibility to make travel easier and more comfortable for all of their customers.”