Alex Hynes

Northern Rail Ltd

Northern House

9 Rougier Street

York YO1 6HZ

23.07.2015

Dear Alex Haynes

Re: Scooters users not permitted on Northern Rail Services

Transport for All is a disability rights advocacy organisation, and we assist older and disabled Londoners in accessing the transport services they need to get around and live independent lives.

We deal with many advocacy cases from across the transport network; however we have been shocked at the particular case involving Ms Gina Vettese and Northern Rail.

TfA would therefore like to raise a formal complaint in relation to an incident that occurred at Morecambe Station on 06.01.2015. We would also like to raise our concerns regarding Northern Rail decision of banning disabled people from using their services because they use mobility scooters, a practice we believe is discriminatory and in breach of the Equalities Act. Indeed, a previous case found that a train company in breach of the Equalities Act when they denied a scooter user access onto their train: see

On the 22.12.2014 Ms Vettese travelled with Virgin Train from Euston to Lancaster. Ms Vettese informed us that before she travelled, a Virgin staff member contacted Lancaster Train Station to inform them that Ms Vettese is a scooter user and would be traveling from Lancaster to Morecambe using Northern Rail. Ms Vettese was able to get on and off the train without problem. However, on 06.01.2015 for her return journey, Ms Vettese bought a ticket from Morecambe Station toLancaster but when the train arrived, the driver got out of his cabin and told Ms Vettese “You cannot get on this train". Ms Vettese said "I had no problem on the outward journey". Unfortunately the driver did not seem to understand and refused to let her board the train. As a result, Ms Vettese had to travel four miles to Lancaster station on her scooter and on her own. This journey involved a very steep and dangerous route and Ms Vettese was extremely worried that she would get hurt or her scooter would run out of battery.

Transport for All is greatly concerned that Ms Vettese was not advised that she would not be able to get on the train before she bought her ticket. We are also shocked to find out from her that she was left stranded in the freezing cold weather.

Ms Vettese has communicated to us her upset over the way she was treated by Northern Rail drive, and these are indeed sentiments Transport for All shares -in fact she is furious.

Transports for All believe that as operators of a train service, Northern Rail have a responsibility to ensure that people are not left stranded in the middle of nowhere.Especially a vulnerable person whose personal safety maybe at risk in situations such as these.

On 04.02.2015 Ms Vettese sent a complaint to Northern Rail. The response from Neil Armstrong (Customer Relation officer) was inadequate, as he did not even address anything about Gina’s experience – why she could travel on Northern Rail from Lancaster to Morecambe but not the return journey, what the driver’s specific reason for refusal was.

The Northern Rail website states, "We do not carry mobility scooters due to their restricted manoeuvrability and stability. However, we can carry small, folding scooters providing the passenger is able to arrange for them to be folded on the platform and that they are stowed in the appropriate luggage space throughout the journey"

This information was taken from

It is quite shocking to hear a service provider implement a blanket ban on all mobility scooters, and ask disabled passengers to get off their mobility aid, fold it and carry it to the luggage area on the train. A large number of scooter users including Gina are unable to stand or walk, and for Northern Rail to ask them to get off, fold it and carry it on to the luggage area on the train is unreasonable. Some scooters users may be able to stand and walk for short distance, but it is the responsibility of the service provider to provide assistance under the reasonable adjustment section of the EqualityAct. Also, scooters have a reverse back button, thus they do not need to manoeuvre around. Ms Vettese travelled in her mobility scooter from Lancaster to Morecambe on your train without any problems.

On 19.08.2015 at approximately 15:15 phoned Northern rail to find out if she could travel with her scooter but she was told that that Northern Rail will only take scooters that collapse down in one movement.

Turning away disabled travellersis not acceptable. We understand that there are some mobility scooters (usually class 3) which are too large to be taken on trains and are intended for use on the roads. However, Virgin Trains, Stansted Express, Southern, Abellio Greater Anglia, Arriva Trains Wales and many more of the train companies doallow scooters on their trains and do offer assistance to passengers who use foldable scooters to carry it on board. Thus we do not understand why there is blanket ban by Northern Rail barring all scooter users from using their service.I would also like to bring to your attention that many scooters are smaller and lighter than many wheelchairs,such as class 2 scooters that have 4 mph maximum speed as recognised in the TfL Mobility Scheme “Mobility aid recognition scheme”. Also, scooters are permitted to use the Tube, Overground, Tram and DLR. And scooters which are recognised by TfL Mobility Aid Recognition Scheme are allowed to get on the bus. Therefore, for Northern Rail to ban all scooters is discriminatory.

Ms Gina Vettese is a disabled person according to the definition at s1, Sch1 of the Equality Act 2010 (The Act). She is therefore entitled to the protection which this Act provides. Her disability amounts to a protected characteristic pursuant to s6, Chapter 1 of Part 2 of the Act.

Northern Rail is a Service Provider, as defined by s29, Part 3 of the Equality Act 2010. You are therefore obliged to have regard to your duties to Ms Gina Vettese as a disabled service user.

We allege that the Northern rail policy on scooter users and indeed the conduct of your driver as described above constitutes a failure to make reasonable adjustments for Ms Vettese’s disability by failing to take reasonable steps to avoid a disadvantage to her accessing the train arising from her disability and scooter use.

We would therefore like to ask:

Northern Rail change your policy so that mobility scooters, withitn reasonable size limits, be permitted on the Northern Rail Services.

We would like to request that assistance is offered to scooter users to get on and off the train and to carry their foldable scooters if required.

We would like an investigation to why Northern Rail refused to let Ms Vettese board a train, and why was she left stranded in the middle of nowhere.

We would like to know why Northern Rail failed to provide her with an alternative transport to get her to the nearest accessible station to enable her to travel back to London.

We would like to request that Ms Vettese gets a written apology from Northern Rail and to assess relevant compensation for injury to feelings in accordance with the Guidelines established in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 (uplifted following 'Da’Bell v National Society for the Prevention of Cruelty to Children 2009');

We would also like to use this opportunity to inform you that are not merely here just to raise complaints but also to work to improve transport services for the better. However, we have built our reputation by being determined and passionate to get the best deal for disabled and older transport users, and that does mean challenging providers in order to ascertain how decisions have been made.

Finally, we would like to stress that due the seriousness of this case, and we are launching a public campaign around the issues, copying this letter to the Office of Rail Regulationand seeking legal advice.

We look forward to hearing from you.

Kind Regards

Youcef Bey-Zekkoub