Hospital Complaint For Breach Of Equality Act 2010

giraffe69 · 30 August 2014 at 9:49AM

In an ideal world no doubt hospital car parks wouldn't charge for parking and would get rid of the unpleasant slimy parking companies but if they

a. have some marked bays close to entrances which are reserved for the disabled because their passage across the car park will be more difficult than for the able bodied
b. seek to have a sufficient number (difficult to always do perhaps)
c. charge in all bays because it is access not cost that is relevant here

then I don't think they are operating a discriminatory policy. You can find disabled people who will find this expensive perhaps because they have to attend the hospital a lot but the hospital can adapt by offering a pass system to reduce the total cost.

Stroma · 30 August 2014 at 10:13AM

But public bodies shouldn't be charging in the first place. This is what is on the NHS website

Since its launch in 1948, the NHS has grown to become the world’s largest publicly funded health service. It is also one of the most efficient, egalitarian and comprehensive.

The NHS was born out of a long-held ideal that good healthcare should be available to all, regardless of wealth – a principle that remains at its core. With the exception of some charges, such as prescriptions and optical and dental services, the NHS remains free at the point of use for anyone who is a UK resident. That is currently more than 63.2 million people. It covers everything from antenatal screening and routine treatments for long-term conditions, to transplants, emergency treatment and end-of-life care.

Now how is this charging for parking is free at point of use? The fact is NHS trusts are abusing their position by putting an unfair tax on people ! Most have no choice but get to a hospital in a vehicle , the majority use their own cars as public transport is not suitable for various reasons.

http://www.nhs.uk/NHSEngland/thenhs/about/Pages/overview.aspx

Fergie76 · 30 August 2014 at 6:10PM

The_Deep wrote: »

Why does that reply not surprise me!

My stance CM is that either everyone should pay for parking, or no-one should. The point of BBs is not to save the holder money, but to give him/her the best parking spots.

Why should a Bentley driving BB holder get free parking, when this poor chap has to pay?

http://www.mirror.co.uk/news/uk-news/man-without-any-feet-denied-4131087

As I said elsewhere yesterday, you involve yourself so deeply in the minutiae that you are unable to see the wider picture.

Just because you don't agree with the law, does not mean you can then break it. As the law stands, it's discrimination.

There are plenty of laws I don't agree with, but it doesn't mean I can ignore them.

Fergie76 · 31 August 2014 at 4:15PM

I have slightly amended my letter. Does it read ok or have I started waffling? I am going to email it tonight, so it is there for them in the morning.

[FONT=&quot]I wish to make a formal complaint about a breach of the Equality Act 2010 (EA10) and APCOA Parking at Northwick Park and St Marks Hospitals.[/FONT]

[FONT=&quot]I have received a Notice to Keeper from your car parking agents APCOA for ‘Parking without displaying valid proof of payment’. The driver of the car, who is not the registered keeper, parked in a normal bay displaying a blue badge, as there is only one disabled bay in the car park they were parked in and it was already taken. This car park, was the easiest for the disabled passenger to enter the hospital by.[/FONT]

[FONT=&quot]I believe you are discriminating against disabled people and therefore breaching the EA10 against disabled patients and visitors. Your website states:[/FONT]

[FONT=&quot]There are no charges for disabled drivers parking in designated bays at the hospital, whether in the multi-storey car park (enter via the main entrance/A&E/outpatients) or car parks 2-4. Vehicles must display a valid Blue Badge and time recorder, and must park in designated disabled bays.[/FONT]

[FONT=&quot]The usual pay and display charges are payable by disabled drivers when parking in non-designated bays.[/FONT]

[FONT=&quot]Vehicles [FONT=&quot]not[/FONT] driven by disabled persons, irrespective of whether they display a Blue Badge or time recorder, are not entitled to park in designated blue bays and may be issued with a penalty notice.[/FONT]

[FONT=&quot]By not allowing free parking in all bays, I feel you are not allowing reasonable adjustment for disabled people as is required by EA10 and are therefore discriminating. Disabled people take longer getting in and out of their cars due to the nature of their conditions and therefore as a consequence maybe charged more for parking than an able bodied person. [/FONT]

[FONT=&quot]You may be interested to know that Medway NHS Trust have been forced to alter their parking charges policy for Blue Badge Holders after a legal case was brought against them by Unity Law - http://www.disabledmotoring.org/campaigns/hospital-parking-charges[/FONT]

[FONT=&quot]By stating that “Vehicles [FONT=&quot]not[/FONT] driven by disabled persons, irrespective of whether they display a Blue Badge or time recorder, are not entitled to park in designated blue bays”, you are discriminating against disabled people that do not drive and many will not be able to drive due to their disability. Do you really think it is reasonable a disabled person cannot use a disabled bay unless they are actually the driver? [/FONT]

[FONT=&quot]You state “Vehicles [FONT=&quot]not[/FONT] driven by disabled persons, irrespective of whether they display a Blue Badge or time recorder, are not entitled to park in designated blue bays and may be issued with a penalty notice”. Under what authority are you issuing these penalties? Can you please point me to the relevant legislation? As far as I am aware, only Councils and the Police can issue penalties and only Courts can issue fines. [/FONT]

[FONT=&quot]On your table of charges on your website you state that these penalty charges are £30, why then has the Registered Keeper received a Notice to Keeper from APCOA parking trying to claim £60?[/FONT]

[FONT=&quot]What I would like to happen as a result of this complaint is:[/FONT]

[FONT=&quot]1. [/FONT][FONT=&quot]Instruct your agent APCOA to cancel my penalty charge – XXXXxxxxxx.[/FONT]
[FONT=&quot]2. [/FONT][FONT=&quot]Extend free parking to all public parking spaces if a blue badge is displayed.[/FONT]
[FONT=&quot]3. [/FONT][FONT=&quot]Update your website to conform with the Law.[/FONT]

[FONT=&quot]I am extremely disappointed that a public body feels that they are above the law and can breach it in this way.[/FONT]

[FONT=&quot]I also refer you to the Department of Health’s own guidance on NHS patient, visitor and staff car parking principles. Ignoring the fact that they refer to fines, this document states:[/FONT]

[FONT=&quot]There are two trade associations – the British Parking Association and the Independent Parking Committee. If the car park operator is a member of either, their relevant code applies and an appeals service is available to motorists. NHS organisations should consider imposing a requirement for contractors to be members of such an association.[/FONT]

[FONT=&quot]As your agents APCOA are members of the British Parking Association (BPA), I draw your attention to the BPA Approved Operator Scheme Code of Practice (BPA AOS COP) and in particular, article 16.5 of the COP:[/FONT]

[FONT=&quot]1[/FONT][FONT=&quot]6.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]As you can see by placing this penalty on the car, your agents, which you are responsible for, have breached their own trade associations COP, which they are required to abide by, by the Department of Health.[/FONT] [FONT=&quot]By[/FONT][FONT=&quot] displaying the blue badge, APCOA cannot argue that they were unaware of the fact that a disabled person, someone having protected characteristics within the meaning of EA10, was likely to be using the vehicle and thereby entitled to the provisions of the EA10.[/FONT]

[FONT=&quot]The Department of Health also requires that [/FONT][FONT=&quot]Contracts should not be let on any basis that incentivises fines, eg ‘income from penalties only’. Can you please confirm/supply the following for me:[/FONT]

[FONT=&quot]1. How much you pay APCOA to manage your car parks.[/FONT]
[FONT=&quot]2. How much you receive from APCOA in parking penalties.[/FONT]
[FONT=&quot]3. Who keeps the money from Pay and Display machines, the Trust, APCOA or if split, how is it split?[/FONT]
[FONT=&quot]4. Under the Freedom of Information Act a fully unredacted copy of your contract with APCOA.[/FONT]

[FONT=&quot]I look forward to hearing from you,[/FONT]

[FONT=&quot]Regards,[/FONT]

During the research for this letter, I came across the Department of Health's guidance and it refers to fines - https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

What hope do we have when a Government Department can't even get it right?

HO87 · 31 August 2014 at 4:28PM

A point I think you have missed out is that in displaying a BB APCOA cannot argue that they were unaware of the fact that a disabled person, someone having protected characteristics within the meaning of the Act, was likely to be using the vehicle and thereby entitled to the provisions of the EA. The use of the BB should properly have prompted them to make further enquiries in furtherance of their (and their principal's) duties under the Act.

A "reasonable adjustment" may amount to additional time, easier access, greater space to board or alight from a vehicle etc and not simply an offsetting of any charge. Furthermore, in this respect, the Trust are liable for the actions of their agent.

The_Deep · 31 August 2014 at 4:51PM

Although I agree that discriminating against non-disabled drivers of BB holder passengers is ridiculous, I think that you are flogging a dead horse by asking for more free parking. The purpose of a BB is not to save the holder money, it is to facilitate access, and to allow the holder extra time to conduct their business

In my own town, Reading, there is an oversupply of BB spaces in the town centre. After about 8 pm most of them are empty, and the Traffic Stasi come out in force to ticket the restaurant goers who park in them. It appears to be a deliberate revenue raising policy. (as are the deserted bus lanes).

http://forums.pepipoo.com/lofiversion/index.php/t65129.html

Blue badges are notoriously difficult to obtain legally and there are many people, (I am one), who have difficulty walking, but do not qualify. This causes resentment, especially as a great many BB holders are members of the "bad back" brigade.

http://benefitfraud.org.uk/bluebadgefraud/index.html

Other than that, it is a good letter.

HO87 · 31 August 2014 at 11:19PM

One would think that even those in hospital management might expect a significant number of visitors to the hospital who were entitled to an EA "reasonable adjustment" - and specifically those who no longer qualify for a BB as well as those with one - and that their parking policy might reflect that. It seems not.

Given how common this lack of provision is at hospitals one must question the training these managers are given, their imagination (or seeming absence of it) or perhaps the policy is simply a manifestation of their desire to see car parks make money - by whatever means?

Fergie76 · 2 October 2014 at 8:15PM

Sweep, sweep.

Had a reply back from the hospital:

Still waiting on reply to FOI despite it being over the 20 working days timescale for a reply.

When I receive that, I will write a response, all suggestions welcome, especially from C-M on the Equality Act aspects. I know the act does not mention that parking has to be free for disabled people, but as far as I can see, they are not making any reasonable adjustments for disable people who are not parked in a disabled bay.

Also I didn't say APCOA were breaching the Equality Act, I said the hospital were, so a nice bit of deflection there.

Coupon-mad · 3 October 2014 at 1:07AM

I know the act does not mention that parking has to be free for disabled people, but as far as I can see, they are not making any reasonable adjustments for disable people who are not parked in a disabled bay.

That's it, in a nutshell - it is all about 'reasonable adjustments' and this is not 'reasonable', it's half-baked. They cannot make reasonable adjustments for one section of disabled people but not others. That would be like an employer saying they will only make adjustments (e.g. a rest period for someone with cancer, etc.) for disabled employees sitting by the window, and if you are disabled but without a seat by the window it's tough, you work through!

You could also include in your next reply, the Government's view on Hospital Parking where they said certain people must be able to park free and that charges must not be punitive. PPCs cannot make PCNs their entire income in a Hospital car park as the Government's view is that is incentivising more penalties to be issued. Google it - recent articles were published online.

Fergie76 · 3 October 2014 at 6:15PM

Coupon-mad wrote: »

That's it, in a nutshell - it is all about 'reasonable adjustments' and this is not 'reasonable', it's half-baked. They cannot make reasonable adjustments for one section of disabled people but not others. That would be like an employer saying they will only make adjustments (e.g. a rest period for someone with cancer, etc.) for disabled employees sitting by the window, and if you are disabled but without a seat by the window it's tough, you work through!

You could also include in your next reply, the Government's view on Hospital Parking where they said certain people must be able to park free and that charges must not be punitive. PPCs cannot make PCNs their entire income in a Hospital car park as the Government's view is that is incentivising more penalties to be issued. Google it - recent articles were published online.

Thanks.

Reference your 2nd paragraph, I did say that in my complaint.

[FONT=&quot]I also refer you to the Department of Health’s own guidance on NHS patient, visitor and staff car parking principles. Ignoring the fact that they refer to fines, this document states:[/FONT]

[FONT=&quot]There are two trade associations – the British Parking Association and the Independent Parking Committee. If the car park operator is a member of either, their relevant code applies and an appeals service is available to motorists. NHS organisations should consider imposing a requirement for contractors to be members of such an association.[/FONT]

[FONT=&quot]As your agents APCOA are members of the British Parking Association (BPA), I draw your attention to the BPA Approved Operator Scheme Code of Practice (BPA AOS COP) and in particular, article 16.5 of the COP:[/FONT]

[FONT=&quot]1[/FONT][FONT=&quot]6.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]As you can see by placing this penalty on the car, your agents, which you are responsible for, have breached their own trade associations COP, which they are required to abide by, by the Department of Health.[/FONT] [FONT=&quot]By[/FONT][FONT=&quot] displaying the blue badge, APCOA cannot argue that they were unaware of the fact that a disabled person, someone having protected characteristics within the meaning of EA10, was likely to be using the vehicle and thereby entitled to the provisions of the EA10.[/FONT]

[FONT=&quot]The Department of Health also requires that [/FONT][FONT=&quot]Contracts should not be let on any basis that incentivises fines, eg ‘income from penalties only’. Can you please confirm the following for me:[/FONT]

[FONT=&quot]1. How much you pay APCOA to manage your car parks.[/FONT]
[FONT=&quot]2. How much you receive from APCOA in parking penalties.[/FONT]
[FONT=&quot]3. Who keeps the money from Pay and Display machines, the Trust or APCOA or if split, how is it split?[/FONT]
[FONT=&quot]4. Under the Freedom of Information Act a fully unredacted copy of your contract with APCOA.[/FONT]

They are treating all 4 questions as a FOI and I am currently waiting on a response to that, despite it being over the 20 working days timescale for a response.

Once I receive that I will write a reply to their letter, but will post it here first for QA.

On a brighter note, I received a nice wee birthday present from APCOA today, a rejection to my appeal and a POPLA code.

I am happy to try different points of appeal, rather than the old trusty GPEOL, if regulars think that would be useful, for eg. Equality Act etc.

Hospital Complaint For Breach Of Equality Act 2010

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free