The ORR responds to the stalemate over DOO and disabled access:

We have long called for a staffing guarantee to ensure that disabled and vulnerable passengers are able to get equal access to the rail network. Last month, we published our biggest expose yet on the issue – showing that the Disabled Persons Transport Advisory Committee have also been arguing for a guarantee of staffing levels within the Department for Transport since the time of the first RMT strikes in April 2016.

With RMT industrial action continuing on South Western this weekend, and in light of reports that the Equality and Human Rights Commisssion is taking an interest in DOO and potential Equality Act breaches; we asked the Office of Rail and Road to explain their position on the current stalemate over train staffing.

Stephanie Tobyn, Deputy Director for Consumers at the ORR, has regularly engaged with us on the issue since the beginning of the year and has now sent us a response explaining the ORR’s responsibilties and powers in relation to disabled access, as well as their current and upcoming work in this area.

Full statement from Stephanie Tobyn of the ORR:

“Our consumer role and responsibilities originate in the Condition 5 of the passenger and stations licences (the model passenger licence here).  Any intervention that we might make in this area is subject to the specific terms of this licence condition. We consider all issues on their own merits and in common with other regulators we cannot prejudge the circumstances in which we would choose any particular course of action.

Train and station operators are required by these operating licences to establish and comply with a disabled people’s protection policy (DPPP). This sets out the arrangements and assistance that an operator will provide to protect the interests of disabled people using its services and to facilitate such use. We approve these policies and monitor compliance with them.

Where there is evidence to suggest that an operator is not achieving good outcomes for passengers in respect of its DPPP obligations, we will discuss this with the operator concerned. We may then carry out more regular monitoring of that operator. This might include requiring additional information, carrying out an audit, or using our existing power within the licence to require an operator to conduct a review of its DPPP and report its findings, potentially leading to changes to existing DPPPs or practice. Ultimately, if an operator does not comply with its licence obligation, we may then follow our Economic Enforcement Policy which you can find here.

In respect of when ORR can step in could I take this opportunity to clarify that, in accordance with our Economic Enforcement Policy, we will intervene should we identify serious or systemic failings. What constitutes a systemic breach will depend on the nature and seriousness of the failures and on the progress of the licence holder to rectify the situation proactively.

In addition, ORR enforces the requirements of the Persons of Reduced Mobility Technical Specification for Interoperability (PRM TSI) and Rail Vehicles Accessibility Regulations (RVAR 2010), which set out the standards to which new trains must comply. You can find out more information about this on our website. Enforcement in this area would follow our Health and Safety Compliance and Enforcement Policy Statement, also on our website here.

As you know we have published a significant amount of research in this area and we are currently reviewing the area of DPPPs. We are expecting to consult further in the Autumn and do not rule out doing further research in this area. DPTAC and DfT have been involved in this work already and we look forward to further input and discussion with them going forward.

In relation to the areas that DPTAC has raised in correspondence, where assistance has been booked in advance we expect that assistance to be delivered by train and station operators. For turn up and go or spontaneous travel the requirement is to provide assistance to disabled passengers who arrive at a station and require assistance to allow them to travel, where reasonably practicable.

Every request for assistance should be based on an assessment of passenger needs, station facilities and staff availability (both train and station) and there is not a one size fits all approach. We expect operators to be able to provide assistance to passengers in a variety of different scenarios. This will require an accurate understanding and assessment of the needs of the passenger, station accessibility, station staffing times, train staffing levels and unexpected accessibility issues such as a lift being out of order.

Therefore, we would expect operators to consider a variety of means to provide passengers with assistance including, for example, the use of alternative accessible transport, such as an accessible taxi (this service being provided free of charge to the passenger) and the ability to use staff flexibly to ensure that assistance can be delivered either by on-board staff, station staff or mobile staff where such working practices are routinely operated or can be accommodated to provide the assistance required.”

Follow us on Twitter and Facebook for the next update.

If you have experienced access failures and need support, we recommend contacting Transport for All.

 

 

 

 

First Class Controversy on GTR – a Boon for the DfT?

A First Class controversy involving Mark Boon (GTR’s Head of Network Operations) went viral on Wednesday and has since found its way into every national newspaper.

As ever, we encourage people not to get caught up in the personal stuff but to actively call the media’s attention to the far bigger scandal underneath – GTR’s management contract with the DfT. The reason that Mark Boon’s attitude hit home for so many is because its the perfect metaphor for a company that functions as a proxy to the Department, and with complete impunity:

Dh00VmpW0AA4FZs.jpg large.jpg

So, if we’re talking farce (while also trying to make a serious political point) there is nowhere better to go next than the story behind the First Class declassification last month….

Alistair Burt’s Announcement – A Comedy of Errors

The #RailPlan2020 timetable collapsed on May 20th, and passengers on the GTR network have suffered a ‘turn up and hope’ timetable ever since. Conditions have been overcrowded, unpredictable, dangerous and hot – the effect this has had on those with disabilities and health conditions cannot be overstated.

And yet, despite this unprecedented rail crisis, and the clear health, safety and equality issues for passengers, it took over five weeks for First Class declassification to be agreed.

The news was announced by Alistair Burt MP at 6:30 pm on the 28th June:

alistair burt announcement

Unfortunately for Alistair, his moment of triumphant announcement was overshadowed by the fact that this came as a complete surprise to GTR’s social media team. Here they are on the first day of declassification, still unaware:

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GTR afternoon 29 june.PNG

And here’s GTR’s social media report from the morning of the 29th, the day that First Class declassification should have begun:

sm reprt 29.PNG

Who makes the call on First Class?

As with most things GTR, this was a DfT decision – note this extract from Jo Johnson’s announcement letter on the 28th June, linked below:

JJ extract.PNG

First Class announcement letter from Jo Johnson 28.06.18.

Questions for the Department for Transport:

  • Why take over five weeks to declassify? This meant inflicting an unnecessary level of overcrowding on passengers, in the context of an unprecedented timetable collapse and a UK heatwave.
  • Why has the Department failed to prioritise the health, safety and equality aspects of the overcrowding on GTR – this excludes passengers with a wide range of disabilities and health conditions from rail travel.
  • Last year, Chris Grayling stated his ‘absolute commitment’ to ending First Class on overcrowded commuter routes. Can this commitment be sincere when there has been such delay and resistance to declassifying even at the time of an emergency?
  • We are expecting to see a reduction in off-peak services in the new ‘interim’ timetable. Why can’t First Class declassification apply all day, and across all ‘train brands’ – all of which belong to the same company?
  • Why is First Class declassification ending on 15th July rather than staying in place until things have fully stabilised and passengers can travel without excessive overcrowding?

Follow us on Twitter and Facebook for more #RailPlan2020 updates

 

 

 

 

 

London Bridge tonight: DPAC and ABC protest GTR disabled access policies

We’ll be joining Disabled People Against the Cuts for a ‘People’s Picket’ at London Bridge station (Shard entrance) from 5 – 6pm tonight. RSVP here.

The controversial staff training guide released on Friday has sent a shockwave through our communities. It has never been more important to stand in solidarity with disabled people and everyone who will be affected either now or in the future by this insitutionalised breach of the Equality Act.

We have now been granted permission by the BTP, and hope that we will be welcoming several MPs at the protest. Please join us tonight and stand in solidarity with all passengers affected by #Rail2020.

#KeepTheGuardOnTheTrain

The GTR staff training guide that the RMT released on Friday was even more shocking than we feared. It also showed that the company has now begun a ‘call ahead’ policy when boarding passengers, which has led to members of our groups being refused boarding even though the train was sitting right in front of them at the station.

The removal of a guaranteed guard from the train creates a loophole that we believe will only lead to further, institutionalised breaches of the Equality Act. With the ‘call ahead’ policy, it is now clear that this will have an equivalent effect on pre-booked and ‘turn up and go’ passengers, so the myth that pre-booking will be a solution under DOO is disproven.

Removing a wheelchair user from their chosen form of transport because of the company’s inability to staff the network adequately is blatant discrimination. We do not consider taxis a reasonable adjustment, especially with the extended waiting times at unstaffed/rural stations. It is only a matter of time before this Equality Act breach is confronted in court – and that’s not our opinion, but the verdict of a 2-year buried Rail Delivery Group report on the matter.

We believe the current industrial dispute could be solved easily with the simple guarantee of a second member of staff. This is clearly the precedent on which all future staffing plans will be based, and the easiest way to ensure the principles of the Equality Act are met. There can be no justification for an endless taxpayer-funded dispute that aims to break a trade union at the expense of disabled people’s rights.

We have little faith in current consultations involving the DfT and the RDG, who have already shown themselves to be deliberately evading this issue. There is no sense in professing to take disabled access seriously when on the other hand, you are trying to remove an important staffing precedent from workers and passengers alike.

 

For more info, email us: contact@abcommuters.com

 

 

EXCLUSIVE: full copy of GTR’s staff training document, which discriminates against disabled passengers

Further to the RMT’s announcement this morning about GTR’s latest disabled access policy, we are now able to provide a copy of the full document: Pit Stop GTR

Having studied the ‘Pit Stop’ staff training document in full, we would like to emphasise that Southern Rail’s public comments today on the issue have been extremely misleading. Here’s what they have said on Twitter so far:

southern out of context 2.PNGsouthern out of context.PNG

We strongly object to their claim that the staff training document has been ‘taken out of context’, and now present the three main areas where it discriminates against, humiliates, and even potentially endangers passengers.

Pit Stop: Key principles for managing station dwell times

Pit Stop GTR applies to all four brands of Govia Thameslink Railway and focuses on cutting down dwell times at stations. From the very first page, the document clearly spells out the ‘key principles and priorities’ of dispatch: Safety, Speed, Efficiency and Professionalism. Nowhere is the principle of equality of access even referred to in what is clearly a core training document for staff.

Pages 3 – 5 on ‘Right Time Start’ and the 20, 30, 40 dispatch process are nothing new – these kind of management initiatives have been around for at least 20 years. To be clear: there is nothing wrong with the rail industry working on improving dwell times – but there is everything wrong with a policy that priorities this to the exclusion of basic human rights – and completely ignores the context of destaffing and the removal of the onboard staff guarantee. This document shows a ruthless disregard for the welfare of a wide range of vulnerable passengers, solely for the sake of efficiency.

Now more than ever, we urge all disability rights campaigners to demand the full and transparent publication of all research on dwell times. This call should be made urgently to the Department for Transport and include the lobbying of the Rail Delivery Group for the immediate release of the #SDGreport.

Pit Stop: a GTR staff training document proving the rollback of disabled access

This document proves the argument we have been making for two years: that the removal of a guaranteed guard from the train creates a loophole that will inevitably lead to institutionalised breaches of the Equality Act. With the ‘call ahead’ policy described below, it also shows that this will have an equal effect on pre-booked or ‘turn up and go’ passengers. Indeed, there is no mention of booking or turn up and go on this document: so the myth that pre-booking will ensure successful journeys under DOO is dispelled.

Removing a wheelchair user from their chosen form of transport because of the company’s inability to staff the network adequately is blatant discrimination. We do not consider taxis a reasonable adjustment, especially with the extended waiting times at unstaffed rural stations. It is only a matter of time before this Equality Act breach is confronted in court – and that’s not our opinion, but the verdict of the 2-year buried Rail Delivery Group report on the matter.

Here are the three main points that we believe discrimate against, humiliate, and potentially endanger vulnerable passengers:

1. The document proves that GTR has begun a ‘call ahead’ policy

Two months ago, we went to the press over a number of incidents where wheelchair users were refused boarding, despite having booked ahead. Despite our co-founder’s protestations, GTR denied there was any such policy:

Today, we can say definitively that what we claimed to be a new policy from GTR is indeed the case. The process of contacting the destination station to ensure staff are available is spelt out in detail on page 8:

call ahead policy page 8.PNG

This can only be the result of the removal of the guaranteed second staff member from GTR trains; the central argument of the RMT industrial dispute. It is no longer the case that a guaranteed guard will stay with the train and thus be primarily responsible for the disabled person’s boarding and alighting. This again proves the main point of the buried Rail Delivery Group report: ‘the Conductor is the best line of assistance for older and disabled people’.

2. GTR guidance sacrifices equality for dwell times

The issue of dwell times is something that we have been able to find little information on, and we are still pursuing the buried #SDGreport, in the suspicion that it focuses on passenger behaviour around this issue. Page 7 is the perhaps the most damning page in the ‘Pit Stop’ document, as it implies that equality of access is not even a consideration to GTR:

Assisting station to train.PNG

It is also troubling that the presence of an ‘onboard supervisor’ is not assumed here, and the process seems to refer only to station staff’s role in the process.

assisting train to station.PNG

3. GTR’s policy on moving sick passengers could humiliate them and even endanger their health

Particularly cruel is the language around passengers taken ill on trains. Anyone with First Aid training will see immediately that GTR’s miniscule list of contraindications to moving passengers is insensitive and potentially dangerous.  To remove someone who has just suffered a grand mal seizure and possibly soiled themselves onto a freezing platform when they are disorientated, with no medical presence or advice, would be unforgivable.

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For a full history of our campaign against GTR’s rollback of disabled access, see this resource.

For further information about disabled access: contact@abcommuters.com

We also recommend contacting Transport for All on this issue, especially if you have been affected.

 

 

 

 

 

A big week for ‘Digital Rail’ – let’s stop pretending the public is getting the full story

It was hard to get excited about the Rail Delivery Group and Department for Transport PR stunts this week – and the reason is simple: we have entirely lost faith that either group represents passengers’ interests. Rather than meet the messaging of the department on its own terms (which goes little further than trying and failing to evoke a sense of ‘Victorian’ grandeur), we intend to take forward our own investigations into these matters and will shortly crowdfund on a matter of crucial public interest.

More from us on the way next week so watch this space! We need all the help we can get and your support is invaluable.

In the meantime, here’s a comment from our co-founder Emily Yates, published yesterday as part of Steve Topple’s summary of the Digital Railway launch:

“Not for the first time, we note that Chris Grayling’s rhetoric about innovation and technology is something that better resembles a relic of the ‘Victorian age’ – or perhaps, going back further, a superstitious practice like praying for rain. We are in the fourth industrial revolution, not the third, and this kind of technocratic PR-speak just doesn’t cut it anymore.

But it’s not just rhetoric – the Minister’s actions speak louder than words. Take for example the cancellation of key electrification projects; or absurd DfT-driven decisions like not installing electric plugs on the new Thameslink trains. The extent to which the ‘fourth industrial revolution’ will come off well for all workers now urgently relies on the transparency of information about research and policy – points on which the department and rail industry fail repeatedly.

We will take our time to comment on the digital signalling project because we suspect that there are still missing parts of the full picture around the Digital Railway strategy. Thameslink was recently the first to use automatic train operation on mainline rail – the method that they hope will allow them to attain 24 tph through the core. Though this was from an industry perspective quite an achievement I don’t think it was adequately analysed or discussed by the technology press. The irony then becomes that, in the tech industry itself, nobody can understand quite what is going on – a problem I have encountered as both a tech writer and a passenger campaigner.

The next part of the picture we require is the research on dwell times which we believe to be an unexplored part of the driver only operation project. Peter Wilkinson has mentioned this more than once in front of the Public Accounts Committee, and we also know that the Rail Delivery Group is holding back the Steer Davies Gleave report (which we have reason to believe could be the business and/or engineering case for the entire DOO project). Since taxpayers are funding the two-year long industrial dispute – which, incidentally, threatens equality of access for the disabled – it is clearly in the public interest to now release the #SDGreport and we call on the Rail Delivery Group again to do so.

The development of technology requires public oversight, consultation and scrutiny like no industrial phenomenon we have ever encountered before. Because many of us in ABC are tech workers ourselves, we do not yet feel fully informed enough to comment on the government’s plans. And we believe that this is the real scandal – plans around innovation in this area seem to have been smokescreened since the 2011 McNulty report, and this is no doubt influenced by the (completely predictable) controversy with the trade unions. Our message to the Department for Transport today is: there can be no transition to the fourth industrial revolution without putting transparency and democracy front and centre.”

Follow us on Twitter and Facebook for all the latest updates.

 

 

 

Today’s Gatwick Rail Meltdown: all you need to know about the state of GTR’s contingency planning

Today’s events at Gatwick were an entirely predictable outcome of a company and management contract that have never been fit for purpose. Govia Thameslink Railway is clearly to blame for the situation; given that engineering works were scheduled six months in advance, a heatwave was forecast, and the launch of the Brighton Fringe and Brighton Festival happens at the same time every year. There can be no excuses for today’s events and we call on journalists, MPs and the Office of Rail and Road to hold GTR properly to account.

What makes this situation even more appalling is the fact that it happened just two months after the Redhill rail replacement bus disaster. At the time, we were not satisfied with the excuses given by GTR senior management and so revealed the facts behind the story, in response to Angie Doll’s explanation to the BBC, and just as Charles Horton gave his own version to the Public Accounts Select Committee.

The Redhill experience showed us that if we don’t dig up and reveal the facts behind these incidents, nobody will. We have been attempting this voluntarily for two years now, and it is frankly now beyond embarrassing that a small group of commuters can provide the transparency that GTR and the Department for Transport will not. We’re not happy with this state of affairs and frankly, we want our lives back! We will now be writing to the ORR and urging them to step in and ‘show their teeth’.

Here’s the full story of what happened today. All internal memos are presented in the public interest and journalists requiring any further information are welcome to contact us at contact@abcommuters.com.

Not just a crisis of planning – a crisis of communication:

  • According to our sources, initial advice came through at 12.15 from Network Rail as part of a ‘Gold Alert’ informing GTR senior management. At this time, there were queues of up to 4,000 people at Gatwick and plans were being drawn up to procure an additional 40 buses to assist with the situation:

core memo redacted

  • Despite the scale of the situation described above, at 12:34 Southern Rail tweeted out this advice to passengers:
  • 1234 Southern tweetBy 13:08 we had become extremely concerned that Southern Rail was not communicating accurate and up-to-date advice to passengers. So, we tweeted this:

ABC tweet 1308

  • Southern Rail responded immediately to our intervention, and (slightly) strengthened the message with this tweet one minute later:

1309 Southern Rail

  • We were well aware that this advice was still inadequate, and that the only acceptable message in such an extreme failure of planning was “Do Not Travel”. So, we published the initial Network Rail memo at 13:12 – advice which would have been communicated to the GTR’s senior management at least an hour earlier.

ABC tweet 1312

  • It then took until 13:31 for Southern Rail to repeat our advice and finally warn passengers what they should have warned them much earlier: “Do Not Travel.”

1331 Southern Rail

Network Rail and ongoing engineering works

Our latest update (as of 7pm on Sunday 6th May) is that four extra trains have been laid on from Brighton to Victoria this evening, and four extra trains from Victoria to Brighton. This was achieved by the rapid lifting of engineering works between Horsham and Dorking. Now, if this could be so quickly achieved by Network Rail in light of the emergency caused by GTR’s failure of planning, then this begs a serious question: should these Horsham to Dorking works have taken priority in the first place on a day that would completely predictably be so busy?

This question is particularly important when one considers that the Department for Transport claims to be improving co-operation between GTR and Network Rail. The rapid lifting of engineering works at the last minute suggest extremely inadequate communication/contingency planning ahead of today’s emergency. We note the relevant conclusion of the Public Accounts Committee report last month:

PAC Committee on NR

At the time of the last ‘rail replacement bus crisis’ at Redhill in February, we called for the Office of Rail and Road to intervene in GTR. We now repeat that call and ask the regulator to step immediately; an action that is seriously overdue.

We are extremely concerned about what kind of management practices passengers will fall victim to in the upcoming nine-day blockades of the Brighton line in autumn 2018 and new year 2019. It is essential that all future rail/bus replacement plans are independently audited and checked for their robustness and realistic understanding of passenger numbers.

Delay Repay and ‘Consequential Losses’

It is vital that senior GTR management are asked to take a proactive role in meeting passengers’ consumer rights regarding ‘consequential losses’ and delay repay for their experiences today. Any attempt by GTR to assume no delay over and above the times calculated by Journey Planner (ie assuming people have walked onto buses with no queues) will be completely unacceptable, and ABC will follow this up even if our MPs and the Office of Rail and Road do not.

We would call on members of the press to ask GTR managers explicitly whether Delay Repay will take into account the extended journey times in this situation; so that a clear commitment to accurate Delay Repay will be on record if customers should experience problems later.

 

Will there be another ‘rail meltdown’ tomorrow?

We are concerned that there will be further trouble tonight at Three Bridges, and other locations where people are attempting to return to London from the coast. And that’s not to mention Redhill, where passengers had their service reduced from 4 trains per hour to just 1 train per hour today; leaving many people unable to board.

Tomorrow is likely to be a difficult day to travel – even in a ‘best case scenario’ – so we strongly advise passengers to avoid using Southern Rail unless absolutely necessary. If you do end up caught in a similar situation, please stay safe/hydrated and remember that this is not the fault of frontline staff. The lack of foresight and planning from GTR senior management is to blame – whether this be through accidental incompetence or a deliberate ‘heads in the sand’ mentality.

Whoever said “Lessons will be learnt” after the Redhill debacle needs to be shown the door – without a parting bonus.

To keep up to date with our campaigns and investigations, follow us on Twitter and Facebook. You can email us at contact@abcommuters.com

 

 

Commuters Beware – delay repay could get you fined for doing absolutely nothing wrong!

We have been assisting commuters with escalating issues around delay repay claims for two months now. The story begins when one of our members received a demand from GTR for 100% of the delay repay compensation s/he had ever received, after s/he had innocently put in writing that s/he had used the Delay Repay Sniper app in the past.

Over the last week, our inbox has been flooded with complaints from angry commuters, who have also received requests from GTR for the repayment of 30% of all the delay repay they have received. We have not been able to find out where GTR have got the figure of 30% from, nor whether it is based on anything scientific.

GTR’s press office gave us this comment:

“Passengers who have an issue with a Delay Repay claim should contact our customer services team in person.”

We now reveal this situation in the public interest.

We do not claim legal expertise on this matter, but feel that this principle must be clarified by GTR, as there are several of these apps in use among commuters.

Is this about fraud?

ABC takes any allegation of fraudulent claims very seriously and will not advocate on behalf of any commuter except those we believe have been unfairly fined for genuine claims. If you believe you fit into this category, please email us at contact@abcommuters.com and we will do all we can to help.

The third party app “Delay Repay Sniper” is an admin tool – one that has become extremely popular due to passengers’ desire to make the time-consuming process of claiming more convenient. It is an app that collates data already available through websites like raildar.co.uk and realtimetrains.co.uk. DRS has been around since 2013 and the GTR management contract began in 2014, so there are many years’ worth of delay repay claims potentially at risk for customers.

GTR’s Information about Delay Repay

We believe that there are flaws in GTR’s website information on Delay Repay if they are now intending to penalise people for using mobile phone apps.

DR main T and C

DR FAQ

There is no reference here to a third party app – which is not the same thing as a human “third party” (which is subject to human error). An app like Delay Repay Sniper can act like a digital version of the postal service; collating publicly available information and allowing commuters to submit their own data, exactly as described in the FAQ above.

Fraudulent claims are a crime, but this crime can be committed through any vehicle – including GTR’s own website. We now urgently need the consumer rights situation regarding the use of third party apps clarified for the benefit of all rail users.

The injustice felt by those being penalised for genuine claims is even worse when, as passengers, we continue to suffer delays, short-formed trains and cancellations. Here’s an extract from our passenger survey in December 2016, indicating the amount of time people were spending on rail-related admin:

DR admin passenger survey

GTR’s Delay Repay guidance mentions “mitigating circumstances” but doesn’t explain what this means. The amount of time that passengers are forced to spend on claiming is an additional cost on top of the service problems they suffer anyway. We suggest that the Southern Rail Crisis provided more than enough in the way of a ‘mitigating circumstance’ – so the need for GTR to clarify its position on what constitutes a “third party” is undeniable.

Is this a reasonable position?

Because of the consumer rights issues we’ve heard about recently, we fear this could be another occasion where the growing conflicts between rail, technology and consumer rights cause undue stress and problems for passengers. We would appreciate GTR stating explicit conditions on their website regarding the use of third party apps

ABC is always dismayed to hear of any case of fraud, but that is a different problem requiring a different solution. The problem in this case has been the lagging behind of the rail industry in keeping up with passenger’s needs. What else could we expect but for tech companies to start up and fill the gap when there has been such an obvious need of admin help for customers?

If you have been affected by this situation and are being asked to repay compensation you received for genuine claims, you are welcome to contact us at contact@abcommuters.com and we will do what we can to help.

Please appreciate that we are volunteers and also managing our day jobs, so cannot always provide an immediate response.