Source · Select Committees · Transport Committee

Recommendation 28

28 Acknowledged

Mandate regulators with resources to proactively enforce accessibility laws and publish breach data.

Recommendation
The Secretary of State should immediately give regulators an explicit mandate, backed by the necessary resources, to be far more proactive within the scope of their current powers in identifying and enforcing against breaches of accessibility law and regulations by operators. The Department 79 should set annual reporting requirements for regulators to publish updates on the number of breaches of accessibility laws, regulations and guidance that they have a) identified, b) addressed through informal action and c) taken formal enforcement action against. This transparency would enable the public to gauge the success of a new stance of proactive enforcement. (Recommendation, Paragraph 166)
Government Response Summary
The government agrees on the importance of enforcing accessibility duties and, as a first step, will reiterate these duties in annual leadership directive letters to Arm's-length Bodies and agencies. The Department also envisages co-producing an accessibility charter.
Government Response Acknowledged
HM Government Acknowledged
31. The Department agrees that there should be no ambiguity about the importance of all relevant parties fulfilling their duties on accessibility. The Department sets the policy framework for transport accessibility, which regulators enforce. As the inquiry identified, the effectiveness of regulators in fulfilling their responsibilities is central to breaking down barriers and upholding disabled people’s rights. As a first step to making sure that this is the case, the Department will reiterate the importance and necessity of prioritising accessibility and equalities duties in the annual leadership directive letters issued by Ministers to the senior leadership of our departmental Arms-length Bodies (ALBs) and agencies. It is important that as regulators set forth their priorities and business plans, that accessibility is properly considered alongside their wider regulatory objectives. 32. It is right to highlight that regulators and agencies should be resourced and set-up in a manner that maximises their efficiency and effectiveness in fulfilling their remit, with clear reporting mechanisms in place on how they undertake and enforce their duties and responsibilities – and that these bodies are ultimately held accountable by Ministers for their performance. The recently announced Cabinet Office review of ALB’s commissioned by the Chancellor of the Duchy of Lancaster, to improve performance, maximise efficiency and provide clear Ministerial oversight will be an important consideration in this regard. The Department for Transport will be engaged in this review, and the performance of ALB’s with relevant accessibility related responsibilities, will be an important consideration in this process. As part of this work, the Government will consider what legislation may be required so that the review outcomes can be implemented and delivered upon. 33. As this wider review is undertaken the Department intends to work further with representative bodies of disabled people, regulators and operators by convening these stakeholders together to determine how collective action can be taken to: a. Identify and commit to practical steps to improve accountability for accessibility failures. b. Strengthen enforcement mechanisms and regulatory alignment. c. Elevate the voices of disabled people in shaping enforcement strategies. d. Showcase and scale up exemplary practices in training, monitoring, and redress. 34. The Department envisages that these outputs can be supported by the co-production of an accessibility charter that brings together in one place the guiding principles that underpin the rights and responsibilities of disabled passengers, regulators and enforcement bodies, and operators. The Department is aware that the National Centre for Accessible Transport has worked with the Accessible Transport Policy Commission to create an Accessible Transport Charter for local and regional political leaders,4 and it is the Department’s intention to work collaboratively to build upon this pioneering piece and amplify it to the national level.