Disabled Wetherby man wins legal battle

A disabled Wetherby man has won a legal challenge against bus company FirstGroup.

In 2012 Doug Paulley was told he couldn't get on a bus because a mother with a pushchair was refusing to move. He took the bus company to court, however his initial victory was overturned on appeal.

This morning the Supreme Court has delivered its verdict on the case, ruling in Doug Paulley's favour. They decided FirstGroup's policy requiring a driver to simply ask a non-wheelchair user to move without taking any further steps was unjustified. They ruled a driver should take further steps to pressurise them to give up the space, depending on the circumstances.

However the Supreme Court dismissed the Doug Paulley's claim for damages.

Writing on his blog, Mr Paulley said:

"I am very happy with this judgment, which has affirmed for once and for all that Firstbus’s “first come first served” policy for occupancy of the wheelchair space is inadequate, that their policy and their actions are illegal and that they, and the rest of the public transport industry, must change.

"I haven’t been awarded any compensation, as four of the Justices have ruled that I couldn’t prove that the person occupying the wheelchair space would have moved if Firstbus had used a more coercive attitude. However, the money isn’t important. It would have been a nice extra benefit of course, and I wouldn’t have refused it; but it’s irrelevant to the purpose that I / we brought this case."

Managing Director of First Bus, Giles Fearnley said:

"We welcome today’s decision from the Supreme Court.

"It has ruled that bus drivers are not required to remove customers from vehicles, which was a key issue for us. This provides welcome clarity for bus operators, our drivers and our customers.

"This was clearly a difficult case for the Supreme Court with six different judgments, and we look forward to receiving further clarity around the decision when the Court publishes its Order. In response, we will implement any necessary changes.

"We recognise how important it is that bus services are accessible for all customers and we lead the industry in improving bus travel for customers with all disabilities. We are therefore also pleased that the Supreme Court found that we did not discriminate against Mr Paulley."

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