Railway operators in the UK may soon have to pay larger sums to compensate disabled passengers who are unable to enter the train despite booking assistance.
The Railway Regulatory Authority, the Office of Railways and Roads (ORR) has warned companies that have run trains and stations that claims for failed compensation are no longer limited to air ticket fees.
After pre-booked aid boarding, the train fails to achieve, and the ORR will make the accessibility rules even stronger after 10 times the court awarded by the disabled passenger (£125 instead of £125).
Passengers with disabilities can provide luggage, navigation stations and assistance to board and get on and off the train, including ramps, through passenger assistance services. It can be booked up to two hours before traveling, but people report being often stuck on trains and platforms.
Last year's Paralympic athlete Tanni Grey-Thompson was trapped at the King's Cross Station and towed himself on a train before yelling.
The candidates and lawyers believe that railway policies and compensation do not reflect violations of the Equality Act or the level of distress suffered.
In March 2023, Orr wrote the claim of "The Rights of Persons with Disabilities" campaigner Doug Paulley, who tried to catch Caledonia sleeper night train service from London Euston Station to consult the industry.
Paulley, 47, uses a wheelchair and booked for help without arriving. Although he eventually boarded the plane with the help of train staff, he said the incident put pressure on him.
He began the demands for network railways through legal channels and the Railway Ombudsman. The Ombudsman awarded Paulley, Wetherby, Yorkshire, aid failed £100 and complaints handled £25. He refused and ended up receiving a reward of £1,325 in court for the same incident.
He said: “I was basically a crusade that made the industry have to pay proper compensation for the failure of aid. It was not a customer service issue, it was illegal discrimination. It had a huge impact on travelers with disabilities.
“Aid failures are still so regular that it is obvious that the industry doesn’t care much about them to make them ‘never happen’. I feel like such failures should have the same status and priorities as security incidents.”
Under the payment of Vento band system, the minimum "injury damage" is £1,200 under the Equality Act. "If a rail operator is hit into his pocket at a cost of more than or more than every aid failure, it may help to concentrate," Parley said.
Claire Hann, the lawyer for law firm Leigh Day, sent Orr a letter before highlighting the action in Paulley's case. She said: “Unfortunately, Mr. Bowley’s case is not unique – it is a common problem and it affects many passengers with disabilities.
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“It’s not only that they miss the train, but that they are in a vulnerable position, which can cause trouble and ultimately affect whether they can travel independently safely.”
Although most passenger aid is done well, there are too many failures, Orr said. A 2023-24 passenger satisfaction survey found that 5% of travelers using passenger assistance could not complete the journey because aid did not arrive. However, only 23% of those affected seek compensation.
The regulator said its focus was to ensure passengers received the necessary help, but made it clear that compensation payments should now be considered separately, not limited to the fares paid.
Stephanie Tobyn, Director of Strategy, Policy and Reform, ORR, said the claim should be made in accordance with the case, adding: “We have listened to the affected passengers and we believe it is right to review the remedial policy for failed passenger assistance.”
A spokesman for the Rail Transport Group, which represents stations and train operators, said it wanted to “build an easier-to-access, inclusive railway,” adding: “We want every passenger to travel with confidence and we are committed to improving the reliability of assistance across the network. Although we acknowledge that the challenge still exists, we know the importance of getting that every time.”