Right to Remedy and the Vento Scale

It’s my mission to make every disabled traveller aware of their rights under the Equality Act 2010, and help however I can to support those taking forward discrimination claims. I believe that when we pursue individual justice in this way we strengthen everyone’s human rights; especially freedom from discrimination and the right to an effective remedy (Article 13 of the European Convention of Human Rights). 

The Vento scale is a guide provided by the senior UK courts and used to help decide the level of compensation due after an act of discrimination. Based on many years of case law, ‘Vento bandings’ cover three main scenarios (there is no upper limit in the most serious cases).

Lower band: £1,200 to £11,700 (less serious cases)

Middle band: £11,700 to £35,200

Upper band: £35,200 to £58,700 (most serious cases)

There is a six months’ time limit to take legal action from when the discrimination took place, so please don’t delay getting legal advice. In my experience, you will find that train operators almost always want to settle discrimination claims without going to court. Victims have to be careful when pushing to court because there is no cost protection under the current rules (unless they have legal insurance). This means that if the court awards even a penny less than the settlement offer, there is a risk of having to pay towards the Defendant’s legal costs. The advantage of accepting a settlement, therefore, is that you will receive the best possible level of compensation with much less time, risk and energy. 

Clearly, we are in need of legal reform to connect the individual acts of discrimination to larger systemic issues, and build up the case law on transport access rights. In the meantime, we can still influence the system by taking legal action and demanding that practical changes are included as part of the settlement. 

For example, through my past settlement negotiations I have secured: the issuing of ramp T-keys to all members of staff; training commitments, including compulsory ramp training and biennial training reviews;  the implementation of dedicated assistance teams from first to last train at Clapham Junction, and similar teams at Victoria and East Croydon - to name a few.

The biggest impact of all though, could be found in our collective strength. The combination of thousands of us making claims according to the Vento scale could impose such pressure on the rail industry that it is forced to change its ways.

The most important advice I can give to any victim of discrimination is not to waste time and energy on the rail industry’s complaint process, which will likely lead to nothing. Taking this route could waste up to three months, leaving you without enough time to find a lawyer and take legal action (since the limitation on discrimination claims is just six months).

Recent research on the Rail Ombudsman shows that train operators attempt to settle access failures with no more than an apology, rail travel vouchers or small gift. Passengers refusing such offers then have to wait up to 40 days to escalate. At this point, the Ombudsman can step in to mediate with the operator, potentially taking another month. Only then does the Ombudsman have the power to order financial compensation, up to a maximum of £2,500.

All victims of discrimination should know in advance what level of compensation this process is likely to lead to. Despite the Ombudsman’s flexibility to award amounts up to £2,500, the average award for accessibility complaints over the past year was just £101.42; and in the five years before that £112.40 - just a small fraction of what victims are due under Vento bandings. Ultimately, the Rail Ombudsman is barely even functioning for disabled people, having taken just 316 accessibility complaints over the last six years. 

We can no longer accept a compensation gap like that shown above – where the best you'll get from the rail industry complaints process is under 10% of the very lowest Vento band. And for this low remedy, victims might have to spend months in stressful correspondence with train operators, making the entire process more costly than it is worth.

Ultimately, it should be seen as an insult to disabled passengers that an issue as serious as discrimination is grouped together by the Rail Ombudsman with minor consumer issues (like delay repay compensation) in the first place. The only way to change this attitude is for all of us to assert our rights as fully as possible and encourage other disabled passengers to do the same. By taking legal action we could finally create a critical mass to teach the railway the basic facts of the matter: Denials of access to transport on an equal basis with others always qualify as discrimination, and this is what’s happening in Britain on a systemic basis.

If you’ve been affected by transport discrimination, feel free to get in touch and I will do what I can to help. I am not a lawyer so I can only discuss these matters on an informal and voluntary basis. However, I am happy to recommend the legal team I've used for many years if you require advice. Contact me via sam@disabledbytherailway.com

Important references:

- Ministry of Justice Call For Evidence on cost protection in discrimination claims, open now.

- Current version of the Vento Scale, for claims brought after April 2024. 

- See ORR’s Rail Ombudsman page for the research referenced above.