Government to investigate ‘fake disabled’ mystery shopper rail claims

The government is to investigate claims that rail companies are using “mystery shoppers” who are pretending to be disabled as a way of providing data on the accessibility of their services.

One campaigner said the concerns could have “huge consequences” for the rail industry.

Both the Department for Transport (DfT) and the rail regulator confirmed this week that data from these “role-playing” mystery shoppers should not be used in information passed by train companies to the government.

Disability News Service (DNS) revealed last week that a market research firm used by multiple rail companies was using “role-playing” passengers who pretend to be disabled to carry out mystery shopping assessments of services at rail stations and on trains.

At least one train company that uses the services of Mystery Shoppers Ltd (MSL) was unaware of the role-playing, and has confirmed that data from MSL is regularly passed to DfT.

Disabled campaigners warned last week that role-playing passengers could have been providing inaccurate, overly-positive information about the accessibility of the rail system.

DfT said yesterday (Wednesday) that it now plans to discuss with train companies whether data provided by MSL or other contractors had complied with their “audit requirements”.

DfT has yet to say if it was aware – before being alerted to the claims by DNS – that train companies were using role-playing mystery shoppers to test the accessibility of their services, and that this data might have been passed to the government.

It is also not yet clear if the data provided by MSL to train companies could have affected how the performance of those companies has been assessed by DfT and any bonuses they might have received.

DfT said this week that rail contracts require a quarter of all customer service audits to be carried out by mystery shoppers with “genuine disabilities”.

These results are used to calculate scores for key indicators of how those companies are performing.

It confirmed that data from role-playing mystery shoppers should not be included in these audits.

But DfT said it was for train operators to ensure that any companies they used to provide this data complied with the audit requirements.

The Office of Rail and Road (ORR), the rail regulator, confirmed that mystery shopping of disabled people’s experiences “should be carried out by passengers who are themselves disabled”.

An ORR spokesperson said in a statement: “Thank you for bringing this information to our and train companies’ attention.

“We remind train companies that they are accountable for the performance of their contractors.

“We expect operators to be continuously reviewing their performance in supporting disabled passengers and looking at how they can improve.

“If mystery shopping is to provide a proper reflection of disabled people’s experiences, it should be carried out by passengers who are themselves disabled.”

He added: “We support the use of mystery shopping as one of the ways that operators can understand the experience of their disabled passengers but do not require it.

“We were not aware that train operating companies were using a mystery shopping company that allows non-disabled people to role-play being disabled.”

Emily Yates, co-founder of the Association of British Commuters, said yesterday: “This story could have huge consequences for the rail industry, if it’s found that operators are in breach of their contracts.

“Train operators appear to have used this low quality, fake data to fulfil their audit requirements, which could also put the DfT’s entire contract performance regime into doubt.

“We have to know the full extent and scale of the problem, especially how it has affected any policy decisions.

“Meanwhile, the government keeps up its obsessive secrecy about rail, ticketing and staffing reform; and there is still no sign of the two consultations promised since 2021 – the National Rail Accessibility Strategy and the ORR’s Assisted Travel Policy consultation.”

Those carrying out MSL’s mystery shopping exercises at stations and on trains are paid a small fee and travel expenses.

The “assignments” are advertised on MSL’s website and in emails to freelance workers, but many of the tasks that request a passenger to test how the rail company performs in providing assistance to disabled people state that they can be carried out by passengers who “can role play that they need assistance”.

One task, from 2023, described the assignment, relating to a visit to a station in Sussex, as “an assitance [sic] shop, which can be a genuine need, or role played, here are some examples – Visual impairment – Hearing impairment – Physical disabilities, such as using a wheelchair or walking aids”.

Sarah Leadbetter, national campaigns officer for The National Federation of the Blind of the UK, said last week that the use of mystery shoppers who are role-playing being disabled was “disgusting” and added: “They have not got the right lived experience. They can’t walk in our shoes. They won’t have a clue.”

Sam Jennings, a disabled activist whose new website #DisabledByTheRailway highlights the access barriers faced by disabled rail passengers, said last week: “Until you’ve actually had the impairment, you won’t notice the nuance and the different things that could really be dangerous.

“You don’t have that knowledge. It’s ridiculous. What they’re doing is dishonest, it makes a mockery of it.”

MSL last week admitted paying mystery shoppers to role-play being disabled passengers, and it said it would carry out an internal review of its “communication and practices”.

Picture by ORR

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