Hospital Complaint For Breach Of Equality Act 2010

Fergie76

Final response from ICO, no surprises:

I am writing about your request for a case review for our failure to take action in respect of your concern that the DVLA has breached the Data Protection Act (DPA) by releasing registered keeper details to APCOA Parking (UK) Ltd. This has been passed to me to deal with as a Group Manager within the Performance Improvement department.

Our case review and service complaints policy

We will not necessarily respond to each of the points you have raised in the course of your complaint. However, we will:

review the information relating to your complaint to us about the above and consider the points you have raised;
consider whether the concern was dealt with reasonably; and
consider whether the matter was handled in line with our casework processes.
This letter sets our case review response in your case. This is the final stage of the ICO’s casework process and we will not revisit the matter again. Therefore, this letter is our final response on the matters you have raised in this case.


Your Complaint

The background to your complaint is not in dispute and therefore I do not consider it necessary to repeat the details here which led to Ms Duffy coming to a compliance likely assessment of the DVLA’s compliance with the DPA.

You have however questioned why we did not conclude a breach has not occurred rather than rely on likelihood. The answer to this is because the law does not require us to do so. Section 42 of the DPA states that a request may be made to the Commissioner by any person who is, or believes himself to be, directly affected by any processing of personal data for an assessment as to whether it is likely or unlikely that the processing has been or is being carried out in compliance with the provisions of this Act. The Commissioner is therefore only required to reach a view based on the information available to him as to whether compliance is likely or unlikely.

Ms Duffy has explained in some detail in her letter to you of 19 February why we are of the view that the DVLA had acted in accordance with the DPA in providing the information requested by APCOA Parking (UK). Her response to you was provided following receipt of advice from our lawyers. I have no reason to question the accuracy of the advice provided and support the decision by Ms xxxxx to reach a compliance likely conclusion. We will therefore not be taking any action against ACPOA Parking (UK). She also outlined the next steps you could take to pursue this issue with the Trust directly.

However the Commissioner’s view is not binding and therefore if you require a definitive legal answer on this issue you will need to apply to the Court for a formal decision. The ICO cannot assist you with this action but you may wish to obtain your own legal advice before doing so.

Taking your complaint further

A case review is the final stage of the ICO’s case handling process. However, I appreciate that you may disagree with the assessment and our case review. If you remain dissatisfied the enclosed leaflet outlines the options available to you.

Herzlos

The Commissioner is therefore only required to reach a view based on the information available to him as to whether compliance is likely or unlikely.

Given that you've proved compliance is non-existent, you'd hope they'd err towards "unlikely", but as you said, no surprises. Where does the next complaint go?

sarahswan1

My husband has been given a blue badge as he is unable to walk, and needs someone with him as he has dementia. We regularly attend the neurology clinic at a hospital in Scotland. Recently on two occasions we were unable to park in a designated disabled parking bay because 8 out of 9 spaces were occupied by cars not displaying a blue badge. The hospital parking attendants had put stickers on all the cars saying that the number plate had been noted, and if it happened again they 'may be clamped or towed'. However there was no permanent sign saying this, so obviously it didn't act as any sort of deterrent. I have made an official complaint to the hospital, but I am fully expecting them to come back to me saying that blue badges have no legal status on private land, and that hospitals are discouraged from clamping or towing. I imagine they will also refuse to put up a sign on grounds of cost.
My thought would be that not enforcing the disabled parking they are actually failing in their duty under the Equality Act, as disabled people are unable to access their services. What do others think?

Half_way

how would you enforce it?
As far as im aware theres no requirement to provide disabled spaces as such, just to make reasonable adjustments.
So in theory someone who requires the reasonable adjustments can be catered for with an assisted parking scheme/system

bod1467

sarahswan1 wrote: »

My thought would be that not enforcing the disabled parking they are actually failing in their duty under the Equality Act, as disabled people are unable to access their services. What do others think?

I think you haven't read much of this thread. Fergie was "penalised" for NOT parking in a disabled space even whilst qualifying, because there were no disabled spaces vacant. The PPC allege that allowing reasonable adjustments only apply to specific disabled spaces - you think that is right and fair?

(And that's ignoring the fact that the PPC had, and have, no legal right to issue PCNs at that site).

sarahswan1

I'm not suggesting the OP should have been penalised for parking in a non disabled space with a blue badge, I think that is completely wrong and he is right to protest. In our case, we were totally unable to park at all because every space was occupied. That would have been fine if like anyone else we could have parked elsewhere and walked however we are unable to do that so I had to leave my distressed and severely cognitively impaired husband alone while I found a parking space elsewhere. If the hospital enforced the disabled parking restrictions we might have been able to park within a distance he could safely walk.

surfboy1

How do you know that the disabled spaces were not being used by disabled people?;)

sarahswan1

I don't, however I don't think it's unreasonable to assume that if someone is sufficiently limited with mobility that they are entitled to a blue badge that they have one. That's what the scheme is for.

Fergie76

Assumption is the mother of all f@£k ups.

Redx

sarahswan1 wrote: »

I don't, however I don't think it's unreasonable to assume that if someone is sufficiently limited with mobility that they are entitled to a blue badge that they have one. That's what the scheme is for.

am afraid that assumption is not true

those spaces are for disabled people, even those who dont have mobility problems but DO qualify under the EA 2010

they are also for the carers or chauffeurs of those disabled people who qualify under the EA 2010 in order to get the people they are helping to and from the site in question

so these people have to qualify as a driver or passenger under the EA 2010

in fact if you check the blue badge booklet, it tells you its only valid on public roads and council car parks etc, not private land (so it is not valid on private property)

its a shame that the vast majority of BB holders do not actually read the accompanying booklet

not all of the following have mobility problems

not all get a BB either

Who is eligible for a blue badge?

If you are disabled, you may be able to park in restricted areas under the blue badge scheme. The scheme is for drivers and passengers.
This page explains who is eligible to get a blue badge and how eligibility may be assessed in Wales.

Top tips

If you have any queries about whether you’re eligible for a blue badge, you can contact the national blue badge helpline on 0844 463 0215.
Who can get a blue badge?

Some people can get a blue badge automatically. This is called being eligible without further assessment. You fit into this group if one or more of the following applies to you:

• you are registered as blind/severely sight impaired
• you receive the War Pensioners’ Mobility Supplement
• you receive the higher rate of the mobility component of Disability Living Allowance (DLA)
• you receive the mobility component of Personal Independence Payment (PIP) and you scored at least 8 points in relation to the ‘moving around’ activity in the PIP assessment, or least 12 points in the mobility activity for planning and following journeys
• you have been awarded a lump sum benefit from the Armed Forces Compensation scheme (tariffs 1 to 8). You have also been certified as having a permanent and substantial disability which means you can’t walk or find walking very difficult
• you have been awarded a lump sum benefit from the Armed Forces Compensation scheme at tariff level 6 for a mental disorder
• you receive a government grant towards your own vehicle.

If you were on higher rate mobility component of DLA, but you had to claim PIP instead and didn't get enough points to be eligible for a blue badge, you can continue to use your badge until it expires.


If none of these apply to you, you may still be eligible. This is called being eligible subject to further assessment, and will apply to you if you meet one of these criteria:

• you have a permanent or substantial disability which means you can’t walk or find walking very difficult
• you are a driver and have severe upper limb disabilities
• as a result of a mental disorder you are unable to follow the route of a familiar journey without the assistance of another person. Anyone aged over two years can be eligible under this condition, including people over 65.
• you are applying on behalf of a child over two with a permanent or substantial disability which means they can’t walk or find walking very difficult
• you are applying on behalf of a child under three with a medical condition that requires them to be close to a vehicle for emergency medical treatment or transporting bulky medical equipment.

one could be in the latter half and been turned down since they made it more difficult for those who do not automatically qualify yet may still be protected under the EA 2010