The UK Government’s consultation on powered mobility devices has prompted renewed discussion across the mobility sector about whether existing legislation reflects modern technology and the needs of wheelchair users.

The British Healthcare Trades Association (BHTA) spoke with Karen Pearce, Chair and Co-Founder of the Wheelchair Alliance, about why she believes prescribed powered wheelchairs require a different regulatory approach, and what should happen next.

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The consultation on the laws surrounding powered mobility devices has now closed, marking the latest stage in the UK Government’s review of legislation that has its roots in the 1970 Chronically Sick and Disabled Persons Act and the 1988 Use of Invalid Carriages on Highways Regulations.

The BHTA encouraged members to engage with the consultation and continues to contribute to wider discussions on the future of powered mobility regulation. BHTA’s full response to the consultation is available upon request; BHTA members can download it here.

Karen’s response reflects the perspective of wheelchair users, while recognising there may be different considerations for mobility scooters and other powered mobility devices.

She states: “The wheelchair is not an optional form of transport; it is, in essence a person’s legs.” Karen believes that distinction should shape future regulation.

From consultation to implementation

Karen says the government’s first step should be a simple but symbolic change: “One quick win would be to address the unacceptable terminology (‘invalid carriage’) and replace this across all relevant legislation with, for example, ‘essential mobility device'”.

She also believes the sector needs greater certainty about how the review will progress.

“State a timeframe and commitment for delivery of change. Currently the confusion within Government is delaying important delivery of policy with the risk of the progress to date being kicked into the long grass.”

For manufacturers, retailers, healthcare professionals, and users alike, the next stage will be less about identifying the issues and more about understanding how government intends to respond.

Why prescribed powered wheelchairs need a different approach

One area where the current framework appears to have struggled to keep pace with modern powered mobility is the current “not in a class” categorisation.

“It discriminates against wheelchair users of all ages needing larger powered devices/power add-ons, leaving them unable to leave their homes if the letter of the law is adhered to.”

The Wheelchair Alliance believes prescribed powered wheelchairs should be exempt from this category altogether. Unlike many other powered mobility devices, they are supplied following specialist clinical assessment, are already regulated through medical device legislation, and are supported by evidence relating to manufacturers’ safety and performance claims. In Karen’s view, that distinction justifies a different regulatory approach.

She also believes the current classification creates unnecessary uncertainty for wheelchair users.

“The ambiguity currently in place causes wheelchair users significant concern. They worry they are breaking the law, they are unsure where they are permitted to travel, and are limited in a way that other pavement and road users are not.”

The alliance has raised the issue directly with Transport Minister Simon Lightwood MP, requesting that prescribed powered wheelchairs are exempt from the current “not in a class” category.

Karen believes the same principle should apply to other aspects of the legislation. Rather than introducing additional licensing requirements or restrictions for wheelchair users, she argues that prescribed powered wheelchair users should simply be subject to the same laws governing speed, safety, and behaviour as other road and pavement users.

In addition, Karen thinks the current laden weight limits no longer reflect modern prescribed powered wheelchairs. Under the existing legislation, devices exceeding 150kg, or 200kg where additional medical equipment is attached, may fall into the “not in a class” category.

The alliance has proposed increasing the limit to around 450kg. The Transport Research Laboratory’s work on creating an integrated micromobility framework may suggest a higher weight limit. However, the alliance is taking a pragmatic approach.

She argues any increase should also prompt a review of environmental barriers, including ramp tolerances and accessibility standards, rather than expecting wheelchair users to adapt to infrastructure designed primarily for able-bodied people.

Whatever reforms emerge from the consultation, Karen believes they must be communicated clearly, in plain English, to disabled people, healthcare professionals, law enforcement agencies, and industry so there is a shared understanding of how the legislation should be interpreted.

Looking beyond the consultation

Alongside the consultation, the Transport Research Laboratory (TRL) is developing an integrated micromobility framework that could shape the future regulation of powered mobility devices. For Karen, the two pieces of work are closely connected.

“A micromobility framework, if powered wheelchairs and power assist devices are included, would give sound structure and not stifle innovation. Innovation benefits all stakeholders.”

She believes an integrated framework has the potential to provide greater consistency for wheelchair users while avoiding the need for legislation to be continually amended as new technologies emerge. At the same time, Karen is clear that any future framework must recognise the distinct needs of prescribed powered wheelchair users and manual wheelchair users using power assist devices.

Karen also believes there is duplication between the current consultation and the work being undertaken by TRL. If an integrated micromobility framework ultimately incorporates powered wheelchairs alongside e-cycles, e-scooters, and other emerging transport technologies, she argues it further strengthens the case for exempting prescribed powered wheelchairs from the current “not in a class” category.

Karen also believes any future framework should provide greater clarity around CE recognition and ultimately replace, rather than sit alongside, the Use of Invalid Carriages on Highways Regulations, removing outdated terminology and unnecessary duplication.

Next steps

The government will now consider the consultation responses before deciding how to take forward any legislative changes. Alongside that process, work on the integrated micromobility framework continues, with TRL’s draft report due to be reviewed by the steering group on 17 July before comments are returned on 24 July. Karen says she has been assured that the two programmes of work are linked.

Whether the outcome is targeted amendments or broader reform remains to be seen. What is clear is that the consultation has moved the debate well beyond terminology to questions of classification, weight limits, licensing, product recognition, and the distinct regulatory position of prescribed powered wheelchairs.

Positive change will also ensure that the current discriminatory position – where disabled people are legislated differently, and more restrictively than able-body people – is removed.

It is also crucial that the mobility sector maintains pressure on the next steps following the consultation, given the changing political landscape and risks of ministerial change.

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This article is co-authored by the Wheelchair Alliance and the British Healthcare Trades Association.

The wheelchair sector has responded to a recent BBC news report that highlights how thousands of people across the UK are experiencing long waiting times for crucial mobility equipment, as the NHS faces tighter budgets and higher demand.

In the most recent quarter (January-March 2025) in England, 77.9 percent of children and 80.8 percent of adults received an NHS wheelchair, or a modification to their wheelchair, within 18 weeks. This is below the 92 percent target set out by NHS England.

A large contributing factor to these delays is a lack of funding from the UK Government for vital NHS wheelchair services, which means providers do not have sufficient resources to deliver them effectively and timely.

The Wheelchair Alliance is a community interest company with a goal of improving wheelchair provision in England. Its vision is to transform the experience of wheelchair users in England through improved access, quality, and effectiveness of services.

Nick Goldup, CEO of the Wheelchair Alliance, said: “The Wheelchair Alliance is working hard to ensure people receive better provision of wheelchairs through the NHS, and we often hear of long waits for appointments and receipt of a wheelchair. Wheelchair users are often faced with a complex and complicated system to navigate.

“The NHS refers regularly to the use of Personal Wheelchair Budgets (PWBs) as a mechanism to help people receive the wheelchairs they need; however, these are very limited in their application as the rules often prevent wheelchair users from getting what they want.

“For example, in Ivy’s case, Ivy would benefit from a powerchair but would be prevented by the PWB rules from upgrading her manual chair to powered and, if she decided to take the PWB externally to buy a powered chair, the money offered by the NHS would come nowhere near to how much she would need. This results in an inequality.

“In short, PWBs can be good for people with money, but for those with limited funds they offer no solutions.

“The Wheelchair Alliance is lobbying government for ownership and accountability of wheelchair services at a senior, national level, to take responsibility for a broken system. We have also been working hard towards driving improved commissioning of services through developing a Quality Framework that we hope the NHS will use to make wheelchair provision more consistent and fair.

“Lastly, our research and reports have shown that much of the data around demand for wheelchair services is estimated. We need reliable data to form an accurate local and national picture, as well as improved budgets.”

BHTA member AJM Healthcare has also responded. AJM Healthcare is an NHS wheelchair services provider in the UK, specialising exclusively in wheelchair services.

Guy Eatherington, Business Development & Customer Relations Director at AJM Healthcare, commented: “AJM Healthcare is committed to supporting the ongoing national redevelopment and reform of wheelchair services.

“The data presented below highlights a concerning trend across the system: a significant number of service users are not receiving the equipment they need within appropriate timeframes. This delay in provision undermines both the quality of care and the independence of individuals relying on these essential services.

“One key metric of referrals received versus referrals completed, has shown a peak performance of 97 percent. However, the average completion rate over the past two years stands at just 90.59 percent, indicating a persistent gap in service delivery.

“More than three-quarters of wheelchair services across England are currently delivered by NHS trusts or other publicly funded or third-sector organisations. This reflects the significant role that non-private entities continue to play in the provision of the NHS wheelchair services provision nationwide.

“More critically, the national waiting list has grown substantially during this period. An additional 40,000 individuals have been added to waiting lists across the country, reflecting mounting pressure on services and a growing unmet need.

“AJM Healthcare recognises the urgency of these challenges and remains dedicated to working collaboratively with commissioners, providers, and service users to drive meaningful improvements. Our goal is to ensure that every individual receives timely access to the right equipment, enabling greater mobility, independence, and quality of life.”

David Stockdale, Chief Executive of the British Healthcare Trades Association (BHTA), added: “Stories like this are deeply concerning, and they reflect what our members tell us: demand for NHS wheelchair services is rising, but funding has not kept pace.

“Clinicians and providers work hard within tight constraints; the issue is not a lack of commitment on the frontline, but a lack of sustained, adequate investment. Without funding to meet increasing need and costs, services struggle to recruit, retain, and innovate, and people wait too long for the essential equipment that enables independence, safety, and participation in daily life.

“We urge the government to prioritise wheelchair provision by increasing budgets, setting clear national accountability for delivery, and supporting consistent commissioning so that access is fair across the country. With the right resources, the system can reduce waiting times, provide the right chair first time, and ensure that every wheelchair user receives timely, person-centred support.”

Andrew Stevenson, British Healthcare Trades Association (BHTA) President and Wheelchair Alliance Committee Member, recently gave an update on the Wheelchair Alliance at the BHTA’s inaugural joint meeting for the Children’s Equipment, Independent Living, and Mobility sections.

The event took place on 5 July 2023 at the Walton Hall Hotel and Spa in Warwickshire, which provided informative and engaging presentations for attendees and demonstrated the value of being a BHTA member.

One of the highlights from the day was Andrew’s presentation about the Wheelchair Alliance.

The Wheelchair Alliance is a community interest company that has been set up by NHS England with a goal of improving wheelchair provision in England. Its vision is to transform the experience of wheelchair users in England through improved access, quality, and effectiveness of services.

See below some slides about the Wheelchair Alliance’s vision, mission, and operational plan for 2023-2027.

Importantly, BHTA has a seat on the Wheelchair Alliance board to ensure that the voices of product suppliers, commissioned service providers, retailers, and associated businesses are represented at all times.

During the height of the COVID-19 pandemic, when most in-house wheelchair services closed, the BHTA set up a wheelchair working group. This group saw some of the UK’s major wheelchair service providers come together to ensure that, while the NHS was under extreme pressure, the needs of wheelchair users were fully supported and that services continued operating.

Now, the BHTA is looking to develop this wheelchair working group further via the Wheelchair Alliance. The alliance’s wheelchair working group wants more BHTA members involved, including not just wheelchair suppliers but members involved in specialist seating and posture and mobility.

It means BHTA members will have a chance to have direct input at board meetings with the Wheelchair Alliance where relevant.

For BHTA members looking to get involved with the Wheelchair Alliance, they should get in touch with their membership engagement management for further details.