Combined authority faces judicial review over concessionary travel decision

A combined authority in the North of England is facing a judicial review challenge to a decision taken by a predecessor body to reduce concessionary travel on buses and trains for disabled and elderly people.

The case against Sheffield City Region Combined Authority is being brought by Sheffield Citizens Advice and Law Centre on behalf of Michelle Turner, who uses a wheelchair, and Alan Lindley, who is partially sighted. Neither claimant is entitled to drive because of their disabilities.

The decision to reduce concessionary travel – and reduce the levy payable by four member councils – was taken on 6 February by the South Yorkshire Integrated Transport Authority (ITA). The combined authority took over its functions on 1 April this year.

His Honour Judge Stephen Davies has ordered an expedited hearing.

Douglas Johnson, Equality Rights Worker at Sheffield Citizens Advice and Law Centre, said: “Our view is that the councillors’ decision to cut concessionary travel was unlawful because they failed to comply with the Equality Act 2010.

“They have a legal duty to have ‘due regard’ to the need to eliminate discrimination and harassment and to advance equality of opportunity. It is not enough to have general feelings of sympathy with disabled people.”

Under the changes introduced by the South Yorkshire ITA, the concession for rail travel was withdrawn and the concession for bus and tram travel restricted to 9.30 am to 11 pm weekdays and all day at weekends and bank holidays.

Previously senior pass holders could travel from 9 am in the morning on weekdays and disabled pass holders and their carers could travel from the first bus or tram in the morning to the last one at night.

In a statement, the South Yorkshire Passenger Transport Executive said: "The changes have been made due to central government cuts to council funding which mean that the previous concessionary arrangements, which are funded by South Yorkshire ratepayers, are no longer affordable. They were taken following consultation with district councils, MPs, operators and community groups, were widely reported in the media prior to the final decision being taken, and supported by documents such as the Equality Impact Assessment upon which members had been briefed."

Its Deputy Interim Director General, David Young, added: “These are very challenging times financially for all public services in South Yorkshire, given the scale of the Government cuts, and inevitably members had to make very difficult decisions about cutting services.

“We are aware that Sheffield Citizens’ Advice and Law Centre has applied to the court for permission to challenge the decision by SYITA to reduce the discretionary, locally funded, concessionary travel enhancements for senior and disabled persons on grounds of procedural failings. At present, no such permission has been granted. It is worth noting, however, that such groups continue to benefit from free travel after 9.30 am by bus and tram Monday to Friday and all day at weekends in South Yorkshire."

There are 265,278 concessionary passholders in South Yorkshire.