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UK train companies could have to pay disabled passengers more compensation after rule change
UK train companies could have to pay disabled passengers more compensation after rule change

The Guardian

time18-05-2025

  • The Guardian

UK train companies could have to pay disabled passengers more compensation after rule change

Railway operators in the UK could soon have to pay out far greater sums in compensation to disabled passengers left unable to access trains despite booking assistance. The rail regulator, the Office of Rail and Road (ORR), has warned companies running trains and stations that compensation claims for failures can no longer be limited to the cost of a ticket. The ORR is set to toughen up accessibility rules after a disabled passenger was awarded about 10 times as much by a court than by the rail ombudsman – £1,200 instead of £125 – after pre-booked assistance to board a train failed to materialise. Passengers with disabilities can request help with luggage, navigating stations and getting on and off trains, including the provision of ramps if needed, through the Passenger Assist service. It is bookable up to two hours before travel, but people report having often been left stranded on trains and platforms. Tanni Grey-Thompson, the former Paralympic athlete, last year became stranded at King's Cross station and dragged herself off the train before yelling for help. Campaigners and lawyers have argued that railway policies and compensation do not reflect the breaches of equality law nor the levels of distress suffered. The ORR has written to the industry to consult on changes after claims made by Doug Paulley, a disability rights campaigner, who was attempting to catch the Caledonian Sleeper night train service to Scotland from London Euston station in March 2023. Paulley, 47, who uses a wheelchair, had booked assistance which did not arrive. Although he did eventually board with the help of train staff, he said the incident left him stressed. He started a claim against Network Rail through legal avenues and the Rail Ombudsman. The ombudsman awarded Paulley, from Wetherby, Yorkshire, £100 for the assistance failure and £25 for complaints handling. He refused, and was eventually awarded £1,325 in the courts for the same incident. He said: 'I'm basically on a crusade to make the industry have to pay proper compensation for assistance failures. It isn't a customer services issue, it is illegal discrimination. It has a massive impact on disabled travellers. 'Assistance failures are still so regular that it is clear the industry doesn't care sufficiently about them to make them 'never incidents'. I feel such failures should be given the same status and priority as safety incidents.' Under the Vento banding system for payouts, the minimum 'damages for injury to feelings' – covering discrimination under the Equality Act – is £1,200. Paulley said: 'If rail operators get hit in the pocket for £1,200-plus for each assistance failure, this may help concentrate minds somewhat.' Claire Hann, a solicitor at the law firm Leigh Day, sent the ORR a letter before action highlighting the case of Paulley. She said: 'Unfortunately Mr Paulley's case is not unique – it's a widespread issue and it impacts many disabled passengers. Sign up to Business Today Get set for the working day – we'll point you to all the business news and analysis you need every morning after newsletter promotion 'It's not just that they miss the train, it's that they are put in a vulnerable position, which can lead to distress, and ultimately affect whether they trust they can travel safely and independently. ' The ORR said that, while most passenger assistance was done well, there were too many failures. A 2023-24 passenger satisfaction survey found that 5% of travellers using Passenger Assist were unable to complete their journey because assistance did not arrive. However, only 23% of those affected sought compensation. The regulator said its focus was to ensure passengers got the necessary assistance, but made clear that compensation payouts should now be considered individually and not limited to the fare paid. Stephanie Tobyn, the ORR's director of strategy, policy and reform, said claims should be compensated on case by case, adding: 'We've listened to affected passengers and we believe it is right to review redress policies for failed passenger assistance.' A spokesperson for Rail Delivery Group, which represents station and train operators, said it wanted to 'build a more accessible, inclusive railway', adding: 'We want every passenger to travel with confidence, and we are committed to improving the reliability of assistance across the network. While we acknowledge that challenges remain, we know how important it is to get this right every time.'

Time is 'running out' to mitigate climate change in Scotland
Time is 'running out' to mitigate climate change in Scotland

The National

time11-05-2025

  • Politics
  • The National

Time is 'running out' to mitigate climate change in Scotland

The warning comes as legal action against the UK Government's 'inadequate' climate adaption programme is being taken to Europe's top human rights court. Backed by the charity Friends of the Earth, two men who believe their lives have been 'ruined' by extreme weather events and rising temperatures caused by the climate crisis are going to the European Court of Human Rights (ECHR) on the grounds that the UK response is failing to recognise their human rights. Kevin Jordan, whose seaside home was demolished after being hit by severe storms and rising sea levels, and Doug Paulley, whose multiple disabilities are worsened by rising temperatures, say the UK's approach to the changing climate is 'flawed'. The Scottish Government has also come under fire from climate campaigners who say last week's Programme for Government did not go far enough to mitigate against climate change. While welcoming the move to reverse the 'misguided' decision to reimpose peak rail fares, Stop Climate Chaos Scotland said time was rapidly running out to deliver on a series of other critical commitments which have been promised for some time, including increasing native woodland creation and restoring peatlands. The group also said questions remained over how the Heat In Buildings Bill's 'overdue' and 'watered-down' targets for installing clean heating systems will accelerate the positive impacts on health, bills and planet that are urgently needed. READ MORE: Pro-Palestine activists protest against Israel at Eurovision opening ceremony 'Ultimately, the time for promises of action is past,' said Mike Robinson, chair of Stop Climate Chaos Scotland (SCCS). 'We urgently need to accelerate the speed of delivery, including by doing more to ensure we make polluters – like those who choose to travel by private jets – pay for their climate damage. 'We are also very concerned that the First Minister is putting increasing reliance and public funds towards unproven carbon capture and hydrogen technologies, instead of cutting emissions and moving away from our dependence on volatile fossil fuels markets. 'All MSPs must now heed the calls of the many people who have signed our recent petition urging faster climate action and the majority of the public that we know support this.' Rosie Heptonstall, a mother of two who works with Parents for Future Scotland, one of SCCS's 73 members, added: 'We need to improve standards of living for everyone, whether that's by reducing the bills families pay or by improving the air our children breathe. And we can't do this without moving away from fossil fuels. 'It's absolutely essential to have ambitious climate targets and to be working towards them, not just for our future but for the future of our children as well.' Liz Murray, head of Scottish campaigns at Global Justice Now, said it was 'strikingly noticeable' that the Programme for Government made no mention of fossil fuels, the root cause of the climate crisis. 'Public polling shows that most voters want to see leadership from politicians on climate change, so between now and the Holyrood elections, the Scottish Government must accelerate Scotland's move away from climate-wrecking fossil fuels and towards clean energy to strengthen our energy security, lower our bills and create new green jobs,' she said. READ MORE: Body recovered from loch after major search operation Meanwhile, the Scottish Rewilding Alliance (SRA) said nature was once again the Scottish Government's 'blind spot', undermining John Swinney's promises to make Scots healthier and wealthier. 'The Programme for Government is a missed opportunity for transforming Scotland from one of the world's most nature-depleted countries to a forward-looking Rewilding Nation with 30% nature recovery across land and sea,' said Karen Blackport, co-convenor of the Scottish Rewilding Alliance and chief executive of Bright Green Nature. 'Rewilding boosts health, jobs and local economies and helps tackle climate breakdown – but the Government still lacks a nature minister or a plan for the large-scale recovery of Scotland's ecosystems. Instead, ministers are backtracking on beavers, stalling on real protections for marine areas and showing a loss of nerve on lynx reintroduction by dodging reasoned debate on this crucial issue. 'We want to see a Programme for Government that makes Scotland healthier, wealthier – and wilder.' Net Zero Secretary Gillian Martin said: 'This Government is taking forward vital climate measures such as abolishing peak rail fares for good to encourage people to use public transport, facilitating onshore and offshore wind projects to decarbonise electricity, investing in decarbonisation of heat for our homes and investing in peatland restoration to sequester carbon. 'And last week, the First Minister attended an event with climate activists and entrepreneurs to discuss, alongside other matters, climate debt for developing nations. We will not shy away from the vital action needed to reach net-zero by 2045.'

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