HEARING CANCELLED – Disabled people in Court! – Tues 18th June 2024, Disabled People and the Government’s National Climate Adaptation Plan

HEARING CANCELLED

This hearing has been adjourned at short notice, to 23rd and 24th July.

I’m pretty devastated – and I’m sorry to others who made arrangements.

Doug – 17th June 2024

I’m one of three claimants taking the Government to court over its failure to produce a fit-for-purpose National Climate Adaptation PlanIf you can, please come and show support.

We all know that disabled people are amongst the first against the wall in any emergency, as shown during COVID-19. Climate change is an emergency. Huge climate change will inevitably impact disadvantaged and dispossessed people the most, such as disabled people. Climate change is killing and maiming disabled people all over the world.  This is an existential crisis for disabled people.

The United Nations has found that the UK Government are responsible for “grave and systematic violations’ of Disabled persons’ rights“. It seems that some people are just more expendable and less valuable than some others. This comes across loud and clear in the Government’s third National Climate Adaptation Plan, which isn’t fit for purpose.  I believe it will kill even more UK disabled people unless we hold the Government to account.

The case will be heard in the Royal Courts of Justice on the Strand in London on Tuesday, June 18th, and Wednesday, June 19th, 2024.

You are invited:

  • to a demo outside the Court on Tuesday 18th at 12:30pm,
  • to attend Court to support and observe, in person or over the Internet, for part or all of the hearings.

I have previously found that the presence of disabled people at court cases drives home to judges the importance of the issues.

Access details

Lawyers, Friends of the Earth and I have been lobbying the Court Service and the Royal Courts of Justice to attempt to ensure that they make attending the Hearing as accessible as possible. Previous experiences in other disabled peoples’ rights cases have not been good, but we hope that they will stick to their word and do better this time…

In person

  • The hearing will be held in Courtroom 73 in the East Block of the Royal Courts of Justice (RCJ) in the Strand, London, all day on Tuesday, June 18th, and Wednesday, June 19th, 2024. I currently don’t know the start time, but I should imagine it will be 10 a.m. or 10:30 a.m.
  • The entrance for people who don’t do stairs is via the Bell Yard, down the street to the Right of the main entrance. This street isn’t great for accessibility; it has steep, narrow pavements and sets (cobbles). Here’s the Court Service’s Map of the Royal Courts of Justice.
  • You’ll have to go through Security. They have a list of what they won’t allow through, which includes wheelchair tools. They have been instructed in how to treat disabled people, our bodies, minds, aids and belongings, with respect. (Apparently.)
  • Courtroom 73 is on the 2nd floor. There are lifts, but the lifts are narrow and frankly inadequate for a significant number of disabled people, so there can be queueing.
  • The courtroom is their largest and can take a few wheelchair users. There will be a hearing loop, which they promise they will have installed and tested… There’s water for everybody, including for assistance dogs (who we are assured will be welcomed.)
  • There’s an overspill room, Courtroom 68 on the first floor. It will have a large screen, speakers, and a working hearing loop. Observers can choose whether to be in the main Courtroom (73) or the overspill Courtroom (68), depending on their preferences and the busyness of either.
  • The disabled and standard toilets are on the 1st and 3rd floors (so not on the same floor as the main courtroom). I have previously found them sort of adequate but not great, and getting to them can be difficult with large, heavy doors, but the RCJ has promised to have staff on hand to help with the doors, etc.
  • There’s an (unwelcoming) prayer and contemplation room on the 1st floor also.

Over the Internet

  1. You must register by 10am on Monday 17 June – the day before the hearing – in order to watch on the Internet.
  2. To register, follow this court order. In brief:
    • Email colin.genner3@justice.gov.uk
    • State you want to attend this hearing remotely: case AC-2023-LON-00307, Friends of the Earth and others -v- Secretary of State for Environment and Rural Affairs
    • Give your name and email address, whether you’ll be watching from England and Wales or if not which country, and a short reason you want remote access – “I will have difficulty attending the RCJ” is fine.
    • The text “If permitted to attend the hearing remotely, I understand that I must not record or transmit what I see and hear. I understand that it is an offence and may be a contempt of court to do so, and that I may be punished if I were to do so.”
  3. (I personally object to this requirement to give ID: people can attend in person without giving these details or signing any promise not to record, so I don’t see why disabled people attending remotely should have to. But this requirement is set out in Section 85A(3)(b) of the Courts Act 2003.)
  4. They should then email you back with the link to watch the hearing. This will be via the Court Service’s (terrible, in my opinion) Cloud Video Platform.
  5. If possible, use Google Chrome; it is the most compatible. I recommend turning your microphone and camera off.

Disabled rail travellers’ handling during Storm Dudley vs Storm Eunice

Back in 2022, Dominic Lund-Conlon / Rail Delivery Group instructed the rail industry to stop / cancel all disabled people’s booked assistance during Storm Eunice. – for trains that continued to run, and including an entire country (Scotland) that was not disrupted by the southerly track of the storm.

Photo of Dominic Lund-Conlon; waitcoat and tie wearing slim white man with dark hair, in front of the London Eye.

(Nearly all train operating companies (TOCs) sensibly ignored him and his instruction, but he incorrectly told the Office of Rail Regulation that they were all cancelling assistance bookings anyway, presumably on the mistaken assumption that TOCs followed his order.)

The above was revealed through Freedom of Information Requests for emails sent via the shadowy rail accessibility e-list maintained by Rail Delivery Group.

Today, two years later, after fighting through the internal review and Scottish Information Commissioner process (for two years!) Scotrail has belatedly released some more emails from the same list. They revealed how train operating companies responded to assistance requests during the “Do Not Travel” instruction issued for Storm Dudley—a storm a few days before Storm Eunice.

Compare and contrast:

Storm Dudley correspondence, 16th February 2022

  • (Scotrail) “As a precaution, should we not have something on the Passenger Assist platforms warning people to only travel if “absolutely necessary” in response to storm Dudley!”
  • (Greater Anglia) “I think (Scotrail) raises a very good point here, how we are communicating severe disruption through PA and any network wide ‘do not travel notices’? Addressing the issue of agile timetable changes and notifications is going to become more pertinent with the reduced notification period for booking assistance.”
  • (RDG) “It’s a good question – how would you have done this previously, please, in other storms?”
  • (Scotrail) “In the passenger assist app, it should be possible to put information to alert customers of the storm and the timetable reduction planned for by 4 pm and almost no services from 1800hrs.
    Additionally, we used to be able to put alert information on the landing page for new bookings for advisors so that they are cautions on taking bookings that later on become difficult to deliver.”

Storm Eunice correspondence,  17th February 2022

  • (RDG) “This is a pre-alert – I’m shortly to be sending you some urgent information about the next 72 hours and the incoming storm. Please be advised that there will be some clear comms regarding do not travel advice for Friday within that email.
    In relation to this, there will likely be a need to contact customers who have requested assistance for travel on Friday.”
  • (GTR) “Appreciate urgent guidance on this so the advice we provide to our booked customers is consistent with industry ie whether we should refuse a booking if there is a general ‘Do not travel’ message in place?”
  • (RDG) “If “Do Not Travel” is in place, then you can’t offer journeys that you are actively telling all customers not to make.
    I will email the ORR to set out the situation if the group would like me to?”
  • (GTR) “Getting ORR confirmation asap would be much appreciated.”
  • (RDG to ORR) “At present, all train operators are undertaking proactive contact with customers who are booked to travel on Friday to rearrange their planned journeys. Alongside this, members will be not accepting any new booking requests from customers”

Consistency…

Given the discriminatory impact of any decision to cancel disabled people’s assistance requests, one would have hoped that the RDG would follow the procedure and practice set up for this purpose.

It turns out there was no such procedure, which I can only see as a lack of foresight and a failure in the responsibility of RDG, its Accessibility and Inclusion Manager (AIM) Dominic Lund-Conlon, and its train operating company members.

The result: RDG, through its puppet AIM, made up poorly thought out orders on the spot to cancel all disabled people’s assistance across the UK for trains that continued to run, including in areas unaffected by the storm, which was treated with the requisite contempt by nearly all train operating companies.

What a Dog’s dinner.

It is a disgrace that disabled people’s right to travel is at the whim of this clown organisation and its cock-sure yes-man.

Dominic Lund-Conlon lies about TriRides on trains

A sporty manual wheelchiar which has a TriRide motorised extra wheel attached to its front. This is a TriRide, a popular motorised electronic addition to a manual wheelchair. It is good for off-roading and long distances. (I want one!)
Dominic Lund-Conlon, a white man with black hair and wearing a pink shirt, a tie and a dark waistcoat on Victoria Embankment with the London Eye behind him. This is Dominic Lund-Conlon, Accessibility and Inclusion Manager at Rail Delivery Group (RDG). Has a history of unsupportable pronouncements on rail accessibility, and a reputation for undermining disability rights and campaigners (particularly younger / female campaigners.)

On a TriRide Facebook group, a TriRide rider recently recounted station staff challenging her for using her TriRide on a train. Staff told her she “needs to book a bike space for it.

This sounds very similar to this situation, for which ScotRail apologised.

Our Dom gave our Facebook group a “helpful”, authoritative answer.

Screenshot of a Facebook comment. Dominic Lund-Conlon said: 'You are techincally riding an e bike, so you have to be able to remove it so that you become a wheelchair user again. The best comparison is that it's like a Brompton, when you're onboard it's folded down.'

I challenged:

Dominic Lund-Conlon it doesn’t. There’s no legal definition of an e-bike, just as there’s no legal differentiation between a mobility scooter and an electric wheelchair. As usual the rail industry, especially Rail Delivery Group, are behind the times on such. Incorrectly giving unsubstantiated supposed “definitions” of Tri-Ride as being an “e-bike” is unhelpful. I do hope that you are not giving such incorrect advice / get-outs to train operating companies, in your role of accessibility manager at RDG.

To which he replied:

Screenshot of a Facebook comment: 'Doug Paulley my apologies Doug, it was how it was explained to me by the DfT. I will go back to them and ask for further clarity.'

He never did get back to us though, so I thought I would seek the requisite “further clarity” by means of my own Freedom of Information request to the Department for Transport (DfT).

Their response reveals:

1. The DfT has no record of communication with Our Dom or RDG on the issue.

Copies of communications to/from DLC and/or RDG on classification of such items, including the explanation that such were to be treated as e-bikes.
I can confirm that the Department does not hold the information that you have requested.

2. E-bikes must have pedals.

The Department’s definition of an e-bike is as set out in the Electronically Assisted Pedal Cycles Regulations 1983 (as amended in 2015). In summary, an e-bike must comply with the following requirements:

  • cycle must be fitted with pedals that are capable of propelling it;
  • maximum continuous rated power of the electric motor must not exceed 250 watts;
    and
  • electrical assistance must cut-off when the vehicle reaches 15.5 mph.

If an e-bike complies with these Regulations in full it can legally be used on the road. Further information on the legal definition of an e-cycle is available on the Government website.

A sporty manual wheelchiar which has a TriRide motorised extra wheel attached to its front.
Let’s play a game of “spot the pedals on the TriRide”…

3. In UK rail, there’s no definition of a wheelchair or mobility device.

The Department, with regard to rolling stock, the PRM-National Technical Specification Notices, does not provide ‘a formal definition of a wheelchair / electric wheelchair and mobility device’ but deals with the size of the wheelchair space, the maximum engineering limits for a wheelchair transportable by train and also the environment around the space to comply with the regulations.

4. There’s no DfT guidance on TriRides on trains.

Any statement and guidance on the use of triride and other manual wheelchair electrical mobility assistance add-ons on train services….
The Department does not hold this information.

A tricky subject

The question of whether a TriRide forms part of a wheelchair, whether it is a bike, a mobility scooter, or something else, is tickly and important to disabled people – as demonstrated by the TriRide users being challenged when attempting to travel on trains.

I have my own opinions (that they are part of a wheelchair and should be allowed on with the same rights as any other wheelchair user) but that’s all they are: opinions, and nothing “official”.

Dominic Lund-Conlon’s irresponsible and inaccurate public pronouncements

Our Dom, however, is once again giving out insupportable and demonstrably inaccurate pronouncements on such, with the backing of his position at Rail Delivery Group and supposedly based on what he has been told by the Department for Transport.

Our Dom’s action is like a bull in a china shop. It is irresponsible, unprofessional and counter to disabled people’s rights. It is the last thing disabled people need.

He has a history of such behaviour. Presumably this is why he stopped tweeting and deleted a load of his tweets. (Scuttlebutt is that his employer instructed him to do so.)

What is Dominic saying behind the scenes?

I would say that Our Dom should stop making public pronouncements on such matters, a sentiment with which his employer doubtless agrees. But if he does stop, that creates a problem. We will have even less idea of what he’s saying behind the scenes. Sadly, despite his unsupported and unelected position, what he says likely has some weight (at least with people who haven’t seen through him) as a result of his position as RDG’s Accessibility and Inclusion Manager.

Is he telling Train Operating Companies that wheelchairs with TriRides attached are “e-bikes” and can thus be refused on trains?

I have no reason to assume that his private pronouncements are any more accurate, substantiable, and rights-upholding than his public ones. Evidence would suggest otherwise—e.g., in his particularly cripple-kicking emails to train operating companies (in which he instructed companies to cancel every disabled person’s assistance bookings across the country for a 24-hour period during which trains continued to run.)

We also know that despite RDG’s claimed commitment to transparency, RDG actively resist attempts to reveal what they and Dominic are saying and doing in the name of accessibility.

This secrecy is problematic – especially given that what he does occasionally reveal is both so inaccurate and counter to disabled people’s interests.

A dangerous snake-in-the-grass.

As I wrote previously,

It is widely thought that RDG, and particularly Dominic Lund-Conlon, are active impediments to access for disabled people to rail transport. Neither represent disabled passengers, or even their operating company members; and it is time that both went.

and

Some disabled people think Dom is a misogynist and a bully. I think he is a two-faced yes-man, touting his ableist industry and employer’s self-congratulatory back-slapping whilst failing to deliver disabled passenger’s rights (e.g. the supposedly-all-singing-all-dancing Passenger Assist app). In my opinion, he also engages in gaslighting and undermining other disabled passengers’ voices. I think that far from my blog post “striking at the heart of our client’s professional reputation”, it actually endorses much of the disabled community’s view of him, more like.

This

has affirmed my opinion (shared by many) that both he and RDG should JUST GO, as the self-important, bullying, non-delivering, ableist apologists and liabilities to disabled people they are.

He doesn’t represent either disabled people or the train operating companies RDG claims to represent (whose accessibility initiatives and concerns about RDG’s accessibility end up sabotaged and bullied out of existence).

He should JUST GO.