Abuse of wheelchair user on Thursday

I met wheelchair user Kerdesan Gallardo after the Supreme Court verdict on Wednesday. She was very enthusiastic and supportive, and I was and am very grateful to her for her support outside the hearing.
When I got home, I was truly shocked to see what had happened to her on her way home. I stayed up late to upload news footage because I was so disturbed. What happened was truly unacceptable. I watched, shocked and open-mouthed, as a woman berated Kerdesan for asking that the EMPTY pushchair in the wheelchair space be folded so she could travel. (The two parents who owned the pushchair had gone upstairs, leaving the pushchair, empty, in the wheelchair space, and refused to move it!) The woman and another passenger then berated her further for “delaying the bus”!

Here’s the footage from 5 News:

Kerdesan commented on another video, giving her experience:

You all watched news between wheelchair user and EMPTY Pram parked on the wheelchair user space. The owner of the EMPTY pram both parents they were there seating upstairs with their two children. They didn’t won’t to fold up their empty pram. The driver tells me to wait for next bus and I already waited 25minutes for this bus to arrive. I was Frozing cold and I am not well, and had long journey to go! I looked and there was a solutions for me to get on the same bus. I asked the driver to move the EMPTY to the side so that I can get on the bus. At that point I was approached by another rude woman passenger as she stands by the centre door of the bus she arguing me and abused me, the language she used on me was not acceptable. She wasn’t even the owner of EMPTY pram. She thinks that disabled people wheelchair user they don’t have right to go on buses. The rude woman passenger she was protecting EMPTY pram and in her Judgements the EMPTY pram has a Top Priority over me in the wheelchair user space. I am listening and reading everyone has different opinions expressed themselves how they feel. Thats obviously fine. Overall someone like me who cannot walk all. I have to use my wheelchair to move around and I have No choice I cannot fold up my wheelchair. All London buses they have only 1 wheelchair user space. I have no other choice

The parents with Pram/pushchairs they have more choices they can fold up their pram/pushchairs they can stay on bus continuing their journeys. This is what we call it equal rights for everyone. By the way I am also parent I got Two children and this is how I brought up my two preicuers children we bought a small and slim pram light weight and easy to fold up. I use 1 left hand pushing my baby pram and my right hand pushing and controling electric. And I can fold up my child’s pram with 1 hand too. All prams and pushchairs are designed to folding it up! But some mums they use their pram and pushchairs like it’s their wardrobes. If the EMPTY Pram cannot give up the priority for wheelchair user space on the bus I wish to get in. Then what about the bus comes with another prams and pushchair and baby is inside the pram or pushchairs. What can the wheelchair user do?

ITV News also covered this incident:

I’m still absolutely mortified that this happened to Kerdesan. It’s especially ironic given she came to support “my” Court Case on the rights of wheelchair users for the wheelchair space on buses.

When people complain we’ve taken a bus company to court for our right to the wheelchair space, when people say we’re over the top or being unfair, please bear in mind the unchallenged, disgusting verbal abuse Kerdesan experienced.

I’m not responsible for the abuse, but I would still like to apologise profusely to Kerdesan for her horrific experience on the way home, and thank her (and all other supporters) for coming to support the case.

Arriva’s Conditions of Carriage

Compare and contrast:

Arriva’s Conditions of Carriage from August 2013 to December 2016:

The driver can require that pushchairs and all types of buggies are folded at busy times, or to request occupants of the designated area to move elsewhere on the vehicle if a customer wishes to board with a wheelchair or scooter. You should co-operate in allowing proper use of this space by vacating it if necessary in favour of a wheelchair or scooter user.

and Arriva’s Conditions of Carriage as of January 2017:

The low floor area on our vehicles generally has a shared bay for the carriage of either one wheelchair or scooter or up to two unfolded pushchairs. Some buses have a separate pushchair bay. We accept unfolded pushchairs on buses that have a shared bay only if it is not already occupied by a wheelchair user or mobility scooter. If a wheelchair or scooter user wishes to board, you are required to fold your pushchair and stow it in the luggage facilities on the vehicle. A wheelchair or mobility scooter cannot be accepted if the vehicle is full.

The change from request to require may be semantic, and the proof is in the pudding as it were. But this is particularly relevant as regards Arriva, because a very similar legal case against Arriva lost. I think that Arriva should apologise to the disabled people who it defeated in that case and compensate them handsomely, but that’s not the way the world works, sadly.

FirstGroup claim there’s no finding they discriminated against me

Following today’s judgment in FirstGroup v Paulley in the Supreme CourtFirstBus’s MD Giles Fearnley said:

We are therefore also pleased that the Supreme Court found that we did not discriminate against Mr Paulley.


Here’s the judgment. 

I defy Giles Fearnley, FirstBus or anybody else to identify the supposed Supreme Court finding that First Groupdid not discriminate against Mr Paulley.” 

Hint: it’s not in there.

What the Court did say is:

The view of this Court is that FirstGroup was in breach.

This case was specifically about whether or not FirstGroup discriminated against me, by failing to make sufficient adjustment to try to ensure that the wheelchair space was available to me, when I needed to travel that day in February 2012. It ruled on whether their policies and practices are discriminatory

All seven judges found in my favour

FirstGroup were found to be in breach of their duty to make such adjustments. As all agree, a failure to make such adjustments is discrimination, as specifically defined by the Equality Act 2010.

So how can FirstGroup, in all conscience, claim that the Supreme Court decided that FirstGroup didn’t discriminate against me?