Are Network Rail discriminating against the DDA by doing this?

[londonmidland]

Back in July 2019, Network Rail silenced the automated P.A system at Birmingham New Street, which announces train arrivals and departures, as a result of an effort to reduce noise pollution at the station.

My question is, does this not discriminate against The Disability Discrimination Act (DDA) for persons who are blind and/or partially sighted? The screens on the platform level are very small, with the text size subsequently being very small as well. Even for a person of 'good' eyesight, you have to be standing pretty much right in front of the screens to read anything.

My understanding was that a TOC and/or company have to provide announcements, if the equipment is installed and ready to use?

I use Birmingham New Street station a lot and the only announcements which are made are very infrequent, manually announced train departure info. Quite often you cannot understand what is being said, as it is so muffled sounding and/or too quiet.

I sent Network Rail a FOI request about it back in August 2020, which their response can be read here

I have consulted with the Station Manager and I can confirm that we do not currently have any plans to reinstate the PA announcements at Birmingham New Street Station and this has been positively received by passengers and frontline teams working on the platforms. This seems to be mainly due to the fact that Birmingham New Street Station is a subsurface station with increased noise levels due to the amount of diesel movements. This makes it a challenging environment in normal conditions when in relation to announcements. So, the removal of the general PA announcements has created a calmer environment at platform level, for passengers and our dispatch teams.

To this day, the automated P.A system is still silenced for train arrival and departures.


Would be interested from a legal POV how this current situation stands.

 

[Bletchleyite]

This was tried at Manchester Piccadilly in the early 2000s and the announcements were reinstated. I recall it being said it was due to it being seen as discrimination, but I don't recall if there was a legal case.

 

[CyrusWuff]

Network Rail aren't unique in this, of course. Most airports have restricted announcements to the actual gate area for several years, with some going one step further and not making any announcements other than for emergencies, significant delays, lost children and similar.

The assumption at airports seems to be that visually impaired passengers will either be accompanied by someone or will have booked assistance to escort them through the terminal.

That said, I would regard announcements at concourse level at railway stations as essential. If there are concerns about noise pollution, perhaps limit it to something like "Platform 3 for the 12:34 Avanti West Coast service to London Euston." with full announcements restricted to the relevant island.

 

[londonmidland]

That said, I would regard announcements at concourse level at railway stations as essential. If there are concerns about noise pollution, perhaps limit it to something like "Platform 3 for the 12:34 Avanti West Coast service to London Euston." with full announcements restricted to the relevant island.

The automated announcements being announced only on the relevant platform/zone was already a thing prior to it being silenced. So it wasn't like there were announcements being made across all 12 platforms for one service.

Ironically, this is what happens now when manual announcements are made for a specific departure. It is announced across the whole station/all platforms, as they do not zone them.

Making the announcements shorter could have easily been done, as the software allows for it. Alternatively, just have one announcement per train as opposed to 2 or 3. I don't agree with silencing them all.

== Doublepost prevention - post automatically merged: 29 Dec 2023 ==

This was tried at Manchester Piccadilly in the early 2000s and the announcements were reinstated. I recall it being said it was due to it being seen as discrimination, but I don't recall if there was a legal case.

With the amount of trains which serve platforms 13 and 14, which are timed close together, that sounds like a recipe for disaster. Especially if multiple services are delayed. Glad it was reverted.

 

[Starmill]

I think you mean to ask if they're discriminating unlawfully under the Equality Act 2010, or Article 14 of the European Convention on Human Rights, as made law in England, Wales and Scotland by the Human Rights Act 1998.

Further information on terminology is available at these links:

Equality Act 2010 | EHRC

In this section you can find out all about the Equality Act, what it is and how it protects you.

www.equalityhumanrights.com

Article 14: Protection from discrimination | EHRC

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination.

www.equalityhumanrights.com

 

[AM9]

Network Rail aren't unique in this, of course. Most airports have restricted announcements to the actual gate area for several years, with some going one step further and not making any announcements other than for emergencies, significant delays, lost children and similar.

The assumption at airports seems to be that visually impaired passengers will either be accompanied by someone or will have booked assistance to escort them through the terminal.

That said, I would regard announcements at concourse level at railway stations as essential. If there are concerns about noise pollution, perhaps limit it to something like "Platform 3 for the 12:34 Avanti West Coast service to London Euston." with full announcements restricted to the relevant island.

Airports are totally different to railway stations. Passengers airside in an airport have been through security and ticket checks, therefore those that need special support would have the opportunity to ask. Passengers on a station would normally need to be aware of the timely information that is broadcast audibly and failing to make the announcements for convenience of others would definitely be regarded as discrimination against blind/visually impaited people under the Equality act(s). In many stations, there are no barriers for disabled passengers to be recognised and appropriate support measures taken.
Maybe there will be test cases brought to the courts.

 

[Stephen42]

The Disability Discrimination Act (DDA) was repealed (excluding Northern Ireland) by the Equality Act 2010. There are specific requirements for rail vehicles, but not aware of any specific ones for rail stations.

In general it depends based on what would be viewed as reasonable, substantial and proportionate. Indirect discrimination does not apply if it is a proportionate means of achieving a legitimate aim. The duty to make adjustments if another adjustment/standard practice means it's not a substantial disadvantage there is no need for further adjustments and only reasonable adjustments need to be considered.

The balancing of considerations will vary depending on frequency of announcements, necessary volume, alternative audible provision of information and impact on others. The legitimate aim could include calmer environment (which can help with other disabilities) or to avoid disturbing local residents for which many stations auto silence late at night. Reasonable adjustments might include people on hand to ask, helplines, assistance teams, apps, headsets or staff scanning for people who may need help. There is no absolute requirement for audio announcements of everything that is visually signed.

I'd say provided it's been through a decent impact assessment it's unlikely to be viewed as non-compliant. For smaller stations the impact assessment would likely reach a different conclusion.

 

[Blindtraveler]

As a visually impaired regular traveler I would indeed have made a fuss about this had I known it was happening, but I haven't been through Birmingham New Street as a passenger since pre-pandemic and if entirely honest, I avoid it where a tall possible anyway

I would say there's an argument for having announcements at concourse level and maybe simply limiting these to platform x for the xx xx to Y, broadcast perhaps five or 10 minutes in advance of departure so that people are allowed sufficient time to get down to the platform and board their train in a safe timely manner

 

[Class 170101]

I'm not sure it just applies to Network Rail managed stations like Birmingham New Street but TOC managed stations too.

 

[AM9]

I'm not sure it just applies to Network Rail managed stations like Birmingham New Street but TOC managed stations too.

Well the legislation certainly applies to all stations equally.