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wheelchairs vs buggys on buses

bluebladeblueblade Posts: 88,859
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A disabled man who uses a wheelchair has appealed to the Supreme Court to decide on whether a buggy, already occupying the designated space, should move when a wheelchair user wishes to board the bus.

Doug Paulley began the legal argument after he was refused access to a First Group bus, when a Mum with a buggy and baby, refused to move to make way for him, saying the buggy would not fold up. First Group has a policy of "requesting but not requiring" non disabled passengers to vacate the space.

Originally a judge at Leeds County Court decided that the policy was discriminatory and awarded Mr Paulley £5,500 damages. This was overturned on appeal, leading to a new appeal in the Supreme Court. Mr Paulley is asking the Supreme Court to overrule the appeal judgement, arguing that wheelchair priority should be enforced, as "common decency" had failed. First Group's lawyer said that requiring passengers to move under threat of ejection, was not a reasonable adjustment.

I've got mixed feelings on this one. I'd really have to go with the Mum and buggy if she is there first, but I do understand the wheelchair user's frustration. Although he does seem to be acting a bit "entitlement" to me.

BBC link

tabloid link

Thoughts?
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    Ben_CoplandBen_Copland Posts: 4,602
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    With getting on buses daily, I've always felt a bit weird about this, it doesn't actually happen too often, I very rarely actually see a wheelchair using getting on, but the odd times it has, they've just gone to the opposite side of the bus. Where it gets tricky is if there are two prams on there. Most prams can fold up, so I'd side with the disabled person on that part, it's easier to carry a baby than a fully grown adult for the entirety of a bus journey and they have no other choice but to sit in the wheelchair, either that or wait for another bus, but they could be there forever/late for an appointment/stuck in abysmal weather..
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    Sorcha_27Sorcha_27 Posts: 138,919
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    blueblade wrote: »
    A disabled man who uses a wheelchair has appealed to the Supreme Court to decide on whether a buggy, already occupying the designated space, should move when a wheelchair user wishes to board the bus.

    Doug Paulley began the legal argument after he was refused access to a First Group bus, when a Mum with a buggy and baby, refused to move to make way for him, saying the buggy would not fold up. First Group has a policy of "requesting but not requiring" non disabled passengers to vacate the space.

    Originally a judge at Leeds County Court decided that the policy was discriminatory and awarded Mr Paulley £5,500 damages. This was overturned on appeal, leading to a new appeal in the Supreme Court. Mr Paulley is asking the Supreme Court to overrule the appeal judgement, arguing that wheelchair priority should be enforced, as "common decency" had failed. First Group's lawyer said that requiring passengers to move under threat of ejection, was not a reasonable adjustment.

    I've got mixed feelings on this one. I'd really have to go with the Mum and buggy if she is there first, but I do understand the wheelchair user's frustration. Although he does seem to be acting a bit "entitlement" to me.

    BBC link

    tabloid link

    Thoughts?

    A buggy can be folded up and put away. A person in a wheelchair doesn't have that choice so I support this man
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    bspacebspace Posts: 14,303
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    I rather think that parents with children in buggies who want to use public transport should ensure the buggies fold - and be prepared to fold them when necessary.
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    annette kurtenannette kurten Posts: 39,543
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    the wheelchair has priority on our busses [stagecoach] and the wheelchair space is the only place they are allowed to go.
    Subject to space being available and the discretion of the driver, we will carry small prams and unfolded buggies on low floor buses within the designated area but only when it is not required by a passenger in a wheelchair or approved mobility scooter (passengers in wheelchairs have absolute priority by law). Prams and buggies must not block the aisle of the vehicle at any time.

    You are, however, required by law to ensure that the designated wheelchair space is made available if a customer wishes to board with a wheelchair (or, if no wheelchair user is travelling, a disabled buggy or approved mobility scooter).

    You are required to co-operate in allowing proper use of the designated wheelchair space by vacating this space if it is required by a customer in a wheelchair (or, if no wheelchair user is travelling, a disabled buggy or approved mobility scooter) including repositioning small prams, folding any buggies and storing them in the luggage space. Failure to comply with this requirement will comprise a breach of Section 3 above and may lead to further action as set out in that Section.

    https://www.stagecoachbus.com/conditions-of-carriage

    and that says that wheelchairs have legal priority and you must move.:confused:
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    Pumping IronPumping Iron Posts: 29,891
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    I don't use the bus, but if I did I'd let the wheelchair user have the space, fold up the buggy and carry my baby. It'd be harder to fold though if the basket at the bottom was full of shopping.
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    Tiger RagTiger Rag Posts: 6,559
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    Some of the prams you see today are absolutely huge and you can only fit one in the buggy space. Can't understand why some parents have such bigs prams.
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    stargazer61stargazer61 Posts: 70,938
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    Buggy users have a choice; wheelchair users generally don't.
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    JasonJason Posts: 76,557
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    I remember when this case started out actually. He's come a long way and I certainly hope he gets the decision.

    I've seen some women with buggies just stare blankly at wheelchair users who get on the bus and then just turn back to their mobiles without making any effort to move.

    And, sadly, it's usually the wheelchair user who's far too polite to actually ask them if they can move.
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    yellowlabbieyellowlabbie Posts: 59,081
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    Wheelchair users should always have preference over pushchairs, the mums can walk with a pushchair or fold the pushchair.
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    juliancarswelljuliancarswell Posts: 8,896
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    Buggy should take priority as the wheelchair will be on a disability benefit part of which could pay for a taxi.












    Only joking😁
    A wheelchair should always take priority as it can't be folded. You would hope that common decency would make the parent want to go through the hassle of taking the baby out and folding the buggy so that a wheelchair user wouldn't be left at the bus stop, but the massive sense of entitlement that many people seem to carry around with them nowadays would probably get in the way.😳
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    Tiger RagTiger Rag Posts: 6,559
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    Buggy users have a choice; wheelchair users generally don't.

    Not all buggy users do. A relative of mine has a baby on oxygen.
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    tartan-belletartan-belle Posts: 14,598
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    In the cases I've seen either another buggy getting on or a wheelchair user the majority of the time, one of the buggies is folded. People will help and put the shopping on the space or hold the baby.

    Mind you, I've also seen the driver refuse to take the buggy on, despite the buggy user (on the bus or wanting to board) saying they'll fold it up.

    I hope the man is awarded his decision - I think he is quite right.
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    BlueEyedMrsPBlueEyedMrsP Posts: 12,178
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    Although it should be common sense, there needs to be an information campaign to let buggy users know that they might be asked to fold up their pram if the space is needed for a wheelchair user. Some of them are monstrous these days, and has been mentioned sometimes the bottom basket is filled with shopping.

    If the person was not willing to fold up their buggy it puts the driver in an awkward position of having to ask them to get off and wait for the next bus. Some routes only have service every 30 or 60 minutes. And what if the weather is crap?
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    andy1231andy1231 Posts: 5,100
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    Buggy should take priority as the wheelchair will be on a disability benefit part of which could pay for a taxi.












    Only joking😁
    A wheelchair should always take priority as it can't be folded. You would hope that common decency would make the parent want to go through the hassle of taking the baby out and folding the buggy so that a wheelchair user wouldn't be left at the bus stop, but the massive sense of entitlement that many people seem to carry around with them nowadays would probably get in the way.😳

    You had me going there for a minute, very funny :)

    No brainer, wheelchair every time, bus driver should be able to enforce it if need be.
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    cantoscantos Posts: 7,368
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    The buses in our area clearly state that area is for wheelchairs and they have priority.
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    CaxtonCaxton Posts: 28,881
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    I just wonder how my mum and other mothers used to manage before buggies were invented and most buses were rear entry double decker type, large cumbersome pushchairs would have to be folder and stored on the bus under the stairs or as my mother and many other mothers frequently did walk miles pushing us in pushchairs or prams down to the city to do their shopping.

    Saying that though, people who had wheelchairs were even worse off as there was no way they could travel by bus. Times have changed for the better thank goodness.
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    GaryHendersonGaryHenderson Posts: 45
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    Wheelchair users should always have preference over pushchairs, the mums can walk with a pushchair or fold the pushchair.

    to counter balance - the wheelchair user can roll just as easy as the parent can push a buggy :D

    On a serious note I think a lot of the problem is the design of modern buggies. They are (in most cases) not really designed to be easily folded one handed. We went through a number of different buggy styles with our two boys and only the very basic £15 one we used for holidays was able to be securely put away with one hand. They also didn't stand up very well and either had to be laid flat (luggage rack etc) or held. Which was ok when we were both there, but a nightmare if you were on your own.
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    stargazer61stargazer61 Posts: 70,938
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    Tiger Rag wrote: »
    Not all buggy users do. A relative of mine has a baby on oxygen.

    Come on.......most people would realise that a baby on oxygen would be classified as much as in need as a wheelchair user.
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    pie-eyedpie-eyed Posts: 8,456
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    How sad that this is even an issue. Of course a wheelchair user should have priority. How can any able bodied person even think of refusing? What on earth have we come to when young parents would think they are in more need than a wheelchair bound person.
    Anyone who refuses to fold their buggy when a weelxhair needs the space should be told to leave the bus. More agro for the driver, I know, but really, what kind of people must they be?
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    Evo102Evo102 Posts: 13,630
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    cantos wrote: »
    The buses in our area clearly state that area is for wheelchairs and they have priority.

    But this case will test in court whether such policies have any legal basis. Case goes the wrong way for the disabled guy and all those notices become purely advisory.

    Worth pointing out that the chap who's taken this case to court is a serial litigator having commenced nearly 40 legal actions re disability discrimination in the last 10 years.
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    anne_666anne_666 Posts: 72,891
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    pie-eyed wrote: »
    How sad that this is even an issue. Of course a wheelchair user should have priority. How can any able bodied person even think of refusing? What on earth have we come to when young parents would think they are in more need than a wheelchair bound person.
    Anyone who refuses to fold their buggy when a weelxhair needs the space should be told to leave the bus. More agro for the driver, I know, but really, what kind of people must they be?

    I agree.
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    anne_666anne_666 Posts: 72,891
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    Evo102 wrote: »
    But this case will test in court whether such policies have any legal basis. Case goes the wrong way for the disabled guy and all those notices become purely advisory.

    Worth pointing out that the chap who's taken this case to court is a serial litigator having commenced nearly 40 legal actions re disability discrimination in the last 10 years.

    I don't understand your point.
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    CroctacusCroctacus Posts: 18,299
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    bspace wrote: »
    I rather think that parents with children in buggies who want to use public transport should ensure the buggies fold - and be prepared to fold them when necessary.

    So would I. I used buses a lot when my kids were small and always made sure I had a buggy that was quick and easy to fold. It's not hard.
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    Evo102Evo102 Posts: 13,630
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    anne_666 wrote: »
    I don't understand your point.

    Perhaps he goes out of the way to look for these situations to further his cause?
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    anne_666anne_666 Posts: 72,891
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    Evo102 wrote: »
    Perhaps he goes out of the way to look for these situations to further his cause?

    What cause is that?
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