UK railway operators might face significantly higher compensation costs for disabled passengers unable to access trains, despite having assistance booked.
The Office of Rail and Road (ORR), which oversees railway operations, has informed train and station businesses that claims for service breakdowns will no longer just cover the cost of tickets.
In response to a court ruling that awarded disabled passengers about ten times more than what the Railway Ombudsman typically offers (£1,200 instead of £125), the ORR is planning to enhance accessibility regulations.
Disabled individuals can arrange assistance for boarding, luggage handling, and navigating stations, but reports indicate that many still get left behind on platforms or on trains. For instance, former Paralympic athlete Tanni Gray Thompson found herself stuck at Kings Cross Station last year, needing to call for help after being physically removed from a train.
Advocates, including actors and attorneys, contend that current railway policies and compensation do not adequately address the violations and distress imposed by the Equality Act.
The ORR reached out to the industry to discuss these updates after claims by disability rights activist Doug Paulley. In March 2023, Paulley, who uses a wheelchair, experienced a failure in assistance while trying to board a Caledonian sleeper train from London to Scotland.
Paul Lee, 47, also in a wheelchair, faced a similar issue when his pre-booked assistance didn’t arrive. He managed to board with help from train staff, but the entire episode caused him considerable stress.
Feeling compelled to act, Lee initiated claims against the rail network through the legal system and the Railway Ombudsman. Initially, he received just £100 and £25 for his troubles, but he later contested this and was awarded £1,325.
Lee stated, “I’m on a mission to ensure the industry pays adequate compensation for their failures in support. This isn’t simply about customer service; it’s about illegal discrimination affecting disabled travelers.” He emphasized, “The frequency of these support failures suggests the industry isn’t taking them seriously. They should be treated with the same urgency as safety incidents.”
Under the Vento Banding System for damages, the minimum for emotional distress from discrimination under the Equality Act is £1,200. Lee noted, “If rail operators are penalized over £1,200 for unmet assistance, it might make them reconsider their approach.”
Claire Hann, a lawyer at Leigh Day, recently wrote to ORR highlighting Paulley’s situation, saying, “His experience isn’t isolated; it’s a common problem affecting numerous disabled passengers.”
“Not only do they miss their trains, but they can also find themselves in vulnerable situations that may lead to pain or hinder their ability to travel safely and independently,” she added.
While the ORR acknowledged that most assistance requests work as intended, there have been too many failures. According to a Passenger Satisfaction Survey for 2023-24, 5% of users of Passenger Assist were unable to complete their journeys due to lack of support, but only 23% sought compensation.
The regulator is focused on ensuring passengers receive the help they need, clarifying that compensation should now be viewed independently from ticket costs.
Stephanie Tobyn, Director of Strategy, Policy and Reform at ORR, stressed the need for claims to be compensated on a case-by-case basis.
A spokesman for the Railway Delivery Group, which represents train and station operators, stated, “We are committed to creating a more accessible railway and ensuring all passengers can travel confidently while improving the reliability of support across the network.”
