Scottish Government

SCOTLAND-WIDE FREE BUS SCHEME FOR OLDER AND DISABLED PEOPLE - RESPONSE TO THE PUBLIC CONSULTATION

1. Introduction

The Scottish Executive issued the above consultation paper on 24 October 2005. The paper invited views of the consultees on the draft Orders which will together comprise the Scotland-wide Free Bus Scheme for Older and Disabled People.

The Consultation paper was issued to over 500 organisations and individuals that the Executive identified as having an interest in the new Scotland-wide Free Bus Scheme.

The consultation paper asked 5 questions based on the draft legislation for the new scheme. The Executive published a first response to the public consultation on 18 January 2006 which addressed the technical proposals of the Scheme Order, a copy of this document can be found at www.scotland.gov.uk/consultations.

This paper completes the consultation process and is the final response to the consultation. This paper will cover the remaining areas of the consultation in relation to eligible persons, assessments and Ferry entitlement.

Background

The Scotland-wide free bus scheme for older and disabled people was announced in the Parliament by Nicol Stephen, the then Transport Minister, in December 2004.

The scheme builds on an agreement with the Confederation of Passenger Transport UK (CPT), the representative body for the bus operators. The agreement commits the operators to an unrestricted Scotland-wide free bus scheme for older and disabled people at agreed levels of payment.

Currently local authorities run local free bus schemes for older and disabled people under powers in the Transport Act 1985. They will cease to run those bus schemes when the Scotland-wide scheme begins. Local schemes currently also provide additional entitlements to concessionary travel, eg rail and ferry. All non-bus entitlements will remain the responsibility of local scheme managers.

Stakeholders

Since the announcement in December 2004, we have been working on the details of the scheme. As the first part of the consultation process, seven Task Groups were set up with external stakeholders to work up the mechanics of the scheme.

Their input was used to draw up the draft Orders and to inform the drafting of the consultation paper. In drawing up the proposals for the introduction a number of task groups were established to discuss various issues. The task groups were:

• Operator Participation - this task group was established to examine the processes for ensuring the inclusion of operators within the national concessionary scheme
• Eligibility - this task group was established to define who is eligible for the available concessions and what is required as proof of entitlement
• Concessionary Travel Product Administration - this task group was established to ensure the infrastructure of electronic ticketing machines on buses would meet the needs of both the scheme and the customers.
• Reimbursement - this task group examined the processes of calculating operator reimbursement, including the volume and value of travel made
• Verification - this task group established the functions required to support and administer the reimbursement payouts once operational
• Existing Scheme Migration - this task group discussed the issues surrounding the transfer of bus elements of the current local authority concessionary travel schemes to the national scheme and the continuation of other residual local concessions.

The task groups have been meeting on a regular basis since early summer 2005 and will continue to meet where necessary as the project moves into the final stages of development.

The key stakeholder organisations were:

• Association of Transport Co-ordinating Officers (ATCO) - representing transport officers at local government level who currently deal with concessionary bus travel
• Confederation of Passenger Transport (CPT) - representing bus operators throughout Scotland
• Strathclyde Passenger Transport (SPT) - the SPT administered area currently represents half of all concessionary travel card holders in Scotland and is the largest scheme joining together 12 local authorities in the Strathclyde area
• Mobility and Access Committee for Scotland (MACS) - representing disabled persons groups during discussions on eligibility

In addition transport consultants MVA were involved in a number of task groups providing background knowledge and experience from other parts of the UK.

The concessionary entitlement was designed from the outset to be one of the first applications on the new Scotland National Entitlement Card, involving smartcard technology that will link to new electronic ticketing equipment on buses.

The National Entitlement Card project is being delivered by the Scottish Executive Improvement Service as part of the modernising government campaign and the two projects have worked closely to ensure that people receive a valid travel card in time to use the new scheme.

The Scottish Executive would like to take this opportunity to thank all members of the task groups for their continued support and commitment to the project.

Key points in the scheme

• The scheme will begin on 1 April 2006.
• Older and disabled people will be able to travel free by bus anywhere in Scotland on local buses and on long distance scheduled coaches throughout the day, including the morning rush hour.
• Older people are defined as people aged 60 and over. The definition of disability relates to disability where mobility is reduced. In circumstances where assistance is required to travel, the entitlement will include a companion.
• The scheme will be run by Transport Scotland, the new executive agency directly accountable to Scottish Ministers.
• The bus scheme will cost a maximum of £159m in 2006-07 and £163m in 2007-08.
• Bus operators will be paid at the rate of 73.6% of the average adult single fare to ensure that they are no better and no worse off through taking part than they would be if there was no scheme.
• The scheme will be an application on the new Entitlement Card, which is intended over time to allow members of the public to use an increasing number of public services through a single card. The card will be electronic and will help to prevent fraud.
• Alongside the bus scheme, older and disabled islanders will also be entitled to two free return ferry trips to the mainland.

The Draft Orders

The scheme has now been made under two Orders under section 40 of the Transport (Scotland) Act 2005. The first Order is affirmative resolution and forms the scheme itself (provisions on, for example, admission and participation of operators, reimbursement and verification of payments). The Scheme Order was laid before Parliament on 13th January 2006 and made on 7th March. The second Order is negative resolution and was made on 7th March and laid before Parliament on 8th March. It defines (a) who will be eligible to travel under the scheme and (b) the bus and coach services which will be part of the scheme.

Consultation on the Orders

The Orders benefited from the work of the seven task groups referred to above.

The consultation opened on 24 October 2005 and closed on Monday 5 December. The document was circulated to over 500 individuals and organisations for comment and 133 groups or individuals responded.

This response details the Executive's comments and proposals on the draft Eligible Persons and Eligible Services Order and provision of ferry entitlement to islanders.

2. SUMMARY OF ANALYSIS OF RESPONSES TO THE CONSULTATION

The consultation paper seeking views and comments on the two draft Orders were sent to over 500 interested parties including every bus operator, every Local Authority, Health professionals and organisations, Transport Groups, Equality and Disability Groups and Older people's groups. In addition, the consultation document was published on the Scottish Executive website.

The consultation period ran for six weeks commencing 24 October 2005 and closing 5 December 2005. A total of 133 responses to the consultation were received for consideration.

A total of 110 responses received were from organisations, including public bodies, private companies, voluntary groups and local government. The remaining balance of 23 responses was received from individuals. Table 1 shows the break down by sector of those that responded to this consultation.

Table 1: Breakdown by sector of responses

Where permission has been given by the respondent to publish their response, copies of these responses to the consultation process have been lodged in the Scottish Executive Library where they can be viewed contacting 0131 244 4565. They can also be viewed on the Scottish Executive Website at www.scotland.gov.uk/consultations.

The Executive is grateful to all those who submitted feedback and comment whether as individuals or representing stakeholder organisations.

Responses to Questions in the Consultation Paper

The consultation paper asked five questions in relation to the orders. This response will detail comments relating to Questions 2 (Eligible Persons), Question 3 (Mobility and Access Committee for Scotland (MACS) proposal for self assessment) & Question 5 (ferries), whilst questions 1 (specifically the scheme order) and 4 (eligible services in the scheme) were dealt with in the January 2006 response.

Some respondents chose to comment on areas out with the scope of the consultation. These responses were out of the scope of the consultation either because they go beyond the terms of the scheme or are out with the spirit of the agreement with CPT on the basis on which operators will take part. We do not intend to respond to all comments directly out with the scope of the consultation but have responded where it is believed helpful to do so.

ELIGIBILITY ORDER: MAIN ISSUES RAISED

Question 2 - Do you have any comments on the categories of people who will be eligible to use the scheme as described above and as set out in the draft Order on Eligibility?

This question related to those people that would qualify to be an eligible person in the scheme and also included the provision of a companion to assist those with greater mobility difficulties.

The draft Order listed two groups of people who would be eligible under the scheme:

• People aged 60 or over;
• People who have a physical or mental impairment which severely affects their mobility and therefore their ability to carry out day to day activities. In some cases, a companion could also travel free.

The draft order detailed the eligibility criteria for individuals to qualify for the free bus entitlement. Many respondents felt that the proposed eligibility categories were well thought out and appropriate. This is reflected in the comments below from John Wheatley College

JOHN WHEATLEY COLLEGE - "The college welcomes this wide definition of disability relating to physical/or mental impairments, which severely affect mobility and therefore the ability of the individual to carry out day-to-day activities."

While one respondent asked if the age category was sustainable given the increasing elderly population, and another queried why it wasn't more focussed only on people with real mobility issues the over whelming majority welcomed or made no comment on the age criteria.

The consultation proposed that disabled people would qualify under a passporting arrangement for individuals in receipt of Medium or Higher rate Disability Living Allowance (DLA). DLA is a tax-free social security benefit for people with an illness or disability who need help with getting around. It is assessed on an individual's mobility needs and care needs. While a minority of local schemes offer an eligibility qualification based on lower rate Disability Living Allowance award the majority do not consider a lower award as an automatic qualification for their schemes.

In addition those not in receipt of an appropriate DLA award may also be eligible for free bus travel under other assessments of their physical disability (blindness, hearing loss and terminal illness) and will automatically mean that an individual is entitled to join the scheme.

It was also proposed that the free bus scheme eligibility could passport on the DVLA physical fitness assessment and include those people who are unable to hold a driving licence on medical grounds (other than for the misuse of drugs or alcohol).

The clear advantage of passporting an individual into the scheme based on an award or previous assessment in this way means that they will have already had their condition assessed and will not have to endure another assessment process in order to qualify for the scheme.

Key areas raised in the consultation were as follows:-

Disability Living Allowance

(DLA). The Eligibility Task Group considered the approach of using a passporting system building on components of the Department for Work and Pensions' Disability Living Allowance as well thought out and appropriate as it meant that in most cases people would qualify in the disabled category under their DLA assessment and would not require further assessment specifically to prove eligibility for this scheme. This was echoed by a number of the respondents to the consultation.

While the majority of the respondents to the question on the eligibility criteria felt that the eligibility categories were 'well thought out and appropriate' including seven Local Authorities, five respondents queried the exclusion of lower rate components of the disability living allowance as an eligibility criteria

FIFE COUNCIL - "Further consideration should be given to include this group [people in receipt of lower rate disability allowance (mobility component)]."

Response - given (a) that the majority of current local schemes do not include lower rate DLA as an automatic eligibility qualification and (b) the fact that those in receipt of lower rate DLA do not necessarily have a mobility impairment, individuals in receipt of lower rate DLA will not be automatically eligible for the free bus scheme. Individuals may, however, be eligible under another part of the definition

Mental Disorder and Learning Difficulties

While individuals with mental disorders might be able to qualify through a number of other categories (such as a DLA award) respondents commented that some individuals who had learning difficulties and some who suffered from conditions such as Schizophrenia or bi-polar disorder may not easily qualify. It was also felt that the fact that 'mental disorder' was linked in the draft order to institutional treatment did not sit well with the focus away from institutional treatment for conditions to a more holistic care in the community approach adopted in many areas.

ABERDEENSHIRE COUNCIL - "the eligibility criteria for people with a mental disorder may disqualify many people with mental disorders living in the community"

Response - After further considering the proposed wording and the responses to the consultation the wording of the category relating to mental disorders has been changed to relate their impairment to their ability and need to travel and the care or rehabilitation they are receiving. The revised wording is:

'persons of fare paying age whose ability to travel is impaired by a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment)(Scotland)Act 2003 which has persisted for more than a year and who are required to travel to keep health or social care appointments or participate in activities as part of a treatment, care or rehabilitation programme.'

The intention is to include individuals who have a mental disorder, including those with severe learning difficulties which impacts on mobility, and who require to use the bus to travel to keep health or social care appointments or participate in other activities as part of their treatment, care or rehabilitation so they too will qualify for the scheme. Again it is intended to limit the need for additional assessments and to be advised by care workers who are supporting these individuals.

DVLA refusal or revocation of driving licence

This category was widely welcomed by those who responded to the question as it covers people with a mobility impairment who would not otherwise qualify for awards of benefits to passport them into the scheme.

VISABILTY - "Visibility is delighted to see that the criteria is to include those who have been 'excluded from driving'.

However as a driving licence may be revoked on the grounds of drug or alcohol abuse the criteria must be clear that an individual would not be eligible for entry to the scheme under these circumstances.

Response - The Order includes this category - 'persons of fare paying age who on medical grounds, other than on the grounds of persistent misuse of drugs or alcohol, have been refused a driving licence or have had their driving licence revoked'.

Limb Loss

The Limbless Association felt that the categories set out in the draft eligibility order may not cover persons with limb loss. While it was always felt by the Executive that the majority of these persons would fall under the DLA categories the Association explained that individuals with limb loss may with the use of prosthetics walk the required distance under the DLA criteria. However, they cannot walk with ease or without strain on their hearts and may require assistance with mobility especially if the prosthesis was chafing. It was not the Executive's intention to exclude this group and with assistance from the Association the Order includes the following.

Response - The wording is

" persons of fare paying age who have lost:

(i) one or both lower limbs;

(ii) one lower limb and one upper limb; or

(iii) both upper limbs"

Companions

Currently, 7 of the 16 schemes have no provision for companions to accompany cardholders who require assistance to travel. Four existing local schemes offer a reduced rate for companions at half the appropriate adult fare and five offer a completely free companion travel concession.

The free bus scheme will offer companions free travel whilst they accompany a concession holder who requires additional assistance. People in receipt of Higher rate or Middle rate care component of DLA, Attendance Allowance or those living in a residential home who would have been on these benefits will qualify for a companion.

The majority of respondents who commented on the inclusion of companions welcomed the national introduction of free companion travel.

Three issues arose relating to the companion passes.

i) Age of companions

The draft Order proposed that companions accompanying a card holder must be aged 16 years or over. This was intended to reflect the maturity/ability required to assist the card holder to travel. Six respondents raised the issue that the inclusion of a minimum age for companions meant that young carers were being discriminated against, and could restrict card holders from travelling. The age of a young carer is generally understood to be anyone under the age 18 and there is no minimum age.

DUNDEE ACCESSIBLE TRANSPORT ACTION GROUP - "In requiring that companions travelling free must be over 16, Article 3 appears to overlook the needs of young carers."

Response - While cautious that dropping the age restriction may impact on the caring burden of young carers, on balance, given that there are a number of young carers in Scotland, the age restriction of a companion accompanying an entitled card holder has been dropped to allow them and the card holder the same opportunities available to older carers.

ii) Provision of a pass allowing a companion to travel free with children under 5 years of age.

We received three responses in the consultation which specifically recommended that disabled children under 5 years be allowed to be accompanied by an adult as a travel companion and therefore the companion would travel for free.

While all children under 5 require assistance to travel, respondents argued that the nature of travel was often to attend medical appointments which were greater in number due to the child's disability.

THE NATIONAL DEAF CHILDREN'S SOCIETY - "We would like to see provision made within the regulations whereby the parent/carer [of a child under 5 years of age and in receipt of a DLA award] can be included in the category of persons eligible to use the scheme."

Response - on balance it was decided not to allow children under 5 to have a companion pass. While to do so this would support vulnerable families and offer them some assistance under often strenuous circumstances, it could be open to potential abuse and exploitation of the child (the disabled child being brought along to adult journeys in order for the adult to receive free bus travel).

iii) Companion passes for all blind and partially sighted card holders

We received comments from four respondents including the Association of Transport Coordinating Officers (ATCO) and CoSLA seeking automatic inclusion for a companion for blind or partially sighted people. Those with severe visibility difficulties and who are in receipt of Higher or medium DLA care component because of their disability will automatically receive a companion pass. Those who for personal reasons have chosen not to seek a DLA award under the current draft would not qualify for a companion pass. Out of the current 16 schemes, nine offer a concession (between half-fare and free) to companions of national blind scheme card holders. The concession is only valid locally however and would not allow national travel which a holder of a National blind card would receive.

The range of people's ability to travel who are blind or partially sighted is wide, indeed some travel independently very comfortably. However at the other end of the spectrum some can become easily confused or disorientated if they travel out with their regular area. Given that the national free bus scheme aims to encourage travel across Scotland, it could be argued some registered blind and partially sighted card holders would benefit from having a companion to assist them travelling.

However it is recognised that not all people who were registered with a visual impairment would require a companion to travel. Indeed it was voiced that many people with a visual impairment are incredibly independent. The Executive is clear in not wishing to set impairment bands that would qualify some people to have a companion and not others, especially as the majority of applicants may have already had such an assessment through applying for DLA.

Response - Given the spectrum of impairment (and to avoid further assessment on the individual's mobility difficulties) the Order includes persons registered blind in companion category; however persons registered as partially sighted would have to qualify under one of the other categories of companion entitlement - for example being in receipt of higher or middle rate of the care component of the Disability Living Allowance.

Blue Badge

The draft order included a category which would allow those with a mobility impairment who were in receipt of a disabled person's badge under the Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 to qualify for the scheme. Two local authorities and ATCO recommended removing this category as a badge could be obtained through a subjective assessment.

Response - The Executive considers that there clear guidelines to support the Disabled parking badge assessment processes which would limit any subjectivity. The Order includes those in receipt of a disabled person's badge.

Residence requirement

The consultation paper detailed the intention to include a requirement of six months residency in Scotland. 9 respondents to the consultation argued that a six months residence requirement was excessive, in part because it discriminated against disabled students who would not qualify at the start of their studies for the concession.

WHIZZ-KIDZ - "It is understandable that residency in Scotland is necessary for eligibility. However, requiring six month's permanent residency will reduce the benefits of the scheme considerably. Students attending Scottish Universities for example, would benefit hugely from this scheme but find that they never fulfil this criterion."

Response - after carefully considering the representations to the consultation process, the six months qualifying period has been dropped and the requirement is that the eligible person must be 'resident in Scotland.' The guidance to those processing an individual's application to join the scheme will detail the evidence required to demonstrate that the applicant is resident in Scotland.

Assistance When Travelling

A number of respondents mentioned within their comments the need for bus operators to assist card holders when travelling in particular as older and disabled people may have an increased likelihood of mobility difficulties when using buses. Some respondents called for greater disability awareness training for drivers.

Response:- The Executive agrees that Drivers/bus operators should assist card holder where appropriate. Within the formal guidance on the scheme issued to operators this view was reinforced as follows:-

'Operators are reminded that they have an obligation under the Disability Discrimination Act to offer reasonable assistance to disabled people where practical. We would therefore recommend that drivers undertake disability awareness training.'

2. ASSESSMENT

Question 3 - Do you have any comments on self-assessment or assessment of impairment more generally to access the national scheme?

Self Assessment

The consultation highlighted the Mobility and Access Committee for Scotland (MACS) proposal for an application process based on a 'Self-Assessment' model. This social approach founds on the disabled person being the best person to direct their needs and requirements and would be less of a barrier to the individual accessing the service. It would generally exclude medical (or other professionals) from defining/assessing the individual's needs, and would allow the individual to define themselves as having a disability that meets the criteria of the scheme.

The Order itself does not detail the evidence requirements for eligibility to the scheme. Guidance relating to the Order will be issued to those responsible for validating applications. However in drafting the Order issues relating to the assessment of impairment were considered.

Approximately two thirds (63%) of the respondents to the question were opposed to adopting self-assessment at this stage. However a similar percentage strongly welcomed further work including pilots to assess the viability of 'self assessment' being adopted more widely in the future.

SCOTTISH COUNCIL OF DEAFNESS - "we have reservations about the proposed self-assessment or assessment of impairment because we are quite concerned that it may attract non-eligible to fraudulently declare themselves as disabled "

Response - Given that there is no tested evidence to support the self-assessment model, self-assessment has not been adopted. However, the Executive will give consideration to funding a suitable pilot scheme to test the viability of 'self-assessment' should MACS develop a suitable business case and specification for such a pilot .'

Reassessment

While several respondents to the consultation called for a consistent assessment process Scotland-wide, a few commented that some individuals may miss out on reassessment.

The scheme operates on the principle that in the run up to the new scheme anyone who is eligible to be part of a local scheme will also be eligible to join the Scotland-wide scheme. However, in the longer term when their current eligibility expires, individuals will be re-assessed under the new national eligibility criteria.

There are currently 16 differing eligibility criteria across the country and each scheme re-assesses individual's entitlement every 3-5 years on average. Previously within the local schemes if the local eligibility criteria changed or the individual's condition improves then when reassessed there may be individuals that no longer qualify for their local scheme.

The same will be true for the National scheme. As mentioned earlier all people who currently qualify for the local entitlement under the local scheme eligibility criteria are able to join the National scheme. However when it becomes time for reassessment, that reassessment will be based on the criteria for the national scheme. In some cases the individual's condition itself may have improved and they would have naturally become ineligible for free bus travel. As with any entitlement or benefits a change to eligibility criteria will impact. However in some cases individuals will continue to be eligible but under another category.

Response - The policy remains that reassessment should be according to the national criteria in the new scheme. Local scheme concession card holders have the opportunity of automatic qualification into the Scotland-wide scheme for a transitional period as set out in the Eligible Persons and Eligible Services Order.

3. FERRY TRAVEL

Question 5: Do you have any comments on the proposals to implement the commitment to give older and disabled islanders an entitlement to a minimum of two free return ferry trips to the mainland?

The inclusion of the Ferry entitlement was primarily to allow Island residents access to the bus scheme who, because they live on an island, would otherwise have to pay to gain access to bus services on the mainland.

The paper asked consultees to consider both the Northern Isles and the Western Isles as both areas did not already meet the minimum ferry travel requirement for older and disabled residents in relation to mainland crossings.

In addition the consultation stated that the Executive was 'working to ensure that arrangements are introduced to provide eligible people on Orkney and Shetland with the new entitlement including a berth on overnight crossings to Aberdeen.'

The Executive received 55 responses relating to ferries.

While the majority of respondents welcomed the inclusion of the ferry component for Islanders and most were content at the ferry entitlement being considered, there were calls for the provision to be extended.

§ 8 respondents felt that older and disabled Islanders should received unlimited ferry journeys

§ a further two respondents suggested that in addition to the two free ferry journeys there be an additional discount available to island concessionaires for any additional ferry journeys.

· 1 respondent sought that previous Island residents should also get the concession to allow them to see family and friends that remain on the Isles.

While there were calls to increase the number of journeys available to those connected with the islands, in contrast there were comments received suggesting that offering this additional concession to only Islanders was discriminatory, and that islanders should not be favoured over any other concession card holder. Some suggested that all card holders should receive the ferry entitlement.

Response:- As mentioned above the inclusion of the ferry entitlement was to give those who, because they live on an island, the ability to access bus services on the mainland.. The cost of an unlimited service could not be met from within current budgets and manyIsland residents receive commercial discounts from the ferry operators. Therefore there I no change to the proposal in the consultation.

The consultation also received comments on extending the scheme in order to make the journeys more comfortable and accessible for the card holder target group.

Air travel

Three responses sought an extension to the scheme which would allow disabled islanders to use air travel in replacement for ferry travel.

Response: The Executive notes that ferries are accessible for disabled people and that for those people who wished to opt to travel by air there is additional support through the Aid of a Social Charter scheme which will allow residents of Shetland, Orkney, Western Isles, Islay, Jura and Caithness an estimated 40% discount on trips to Inverness, Glasgow, Edinburgh and Aberdeen.

Overnight Cabin Accommodation

§ Respondents also called for berths in cabins to be made available to eligible islanders to travel on overnight services.

While recognising that the groups involved (older and disabled people) may require additional support to travel especially on longer ferry journeys, the Executive agreed to upgrade the entitlement to include cabin accommodation on overnight services from the Northern Isles. However we were mindful that a balance needed to be struck to protect ferry cabin capacities for other islanders especially in high season.

Response :Older and disabled islanders will be entitled to free berths on overnight services, except in the high season.