Wheelchair users win right to oust mothers with buggys on buses
MOTHERS with pushchairs could be forced to make way for wheelchair users on buses after a judgment yesterday.
The Supreme Court unanimously ruled it was not enough for drivers to “simply request” a non-wheelchair user to vacate a space meant for those using a wheelchair.
If the person unreasonably refused to move, the driver must consider taking further steps to “pressurise” the reluctant passenger to leave the space, “depending on the circumstances”, the ruling said.
It would allow the driver to “refuse to drive on”, the seven Supreme Court judges ruled.
The judgment came after wheelchair user Doug Paulley was left at a bus stop because a woman with a baby in a buggy refused to move out of the designated area when asked by the bus driver.
Mr Paulley, 38, from Wetherby, West Yorkshire, yesterday claimed an “important victory”, adding: “We have achieved something really substantial here which will make a difference to people who need the wheelchair space – not just wheelchair users but other disabled people. This is important – a significant cultural change.”
Mr Paulley’s legal battle was triggered in February 2012 when he tried to board a bus from Wetherby to Leeds operated by FirstGroup.
Despite a sign saying: “Please give up this space if needed for a wheelchair user”, he was unable to board the bus after the mother refused to move the pram, saying it would not fold down.
FirstGroup had a policy of “requesting but not requiring’’ non-disabled travellers to vacate the space if it is needed by a wheelchair user.
But Supreme Court president Lord Neuberger said: “It was not enough for FirstGroup to instruct its drivers simply to request non-wheelchair users to vacate the space and do nothing if the request was refused.
“Where the refusal is unreasonable, some further step to pressurise the nonwheelchair user to move should be considered.
“And a refusal to drive on should be considered in appropriate cases.”
Disabled charities welcomed the ruling and are now calling for Parliament to reinforce it with changes to the law through the Bus Services Bill.
FirstBus also welcomed the ruling for the clarity it provided and said “any necessary changes” would be made to its policy.