Section 20 of the Equality Act 2010 places a duty upon service providers to take reasonable steps to ensure that people with protected characteristics are not put at a substantial disadvantage compared to other people when accessing services. The social model of disability makes an important distinction between impairment and disability. You have received money under the Armed Forces Compensation Scheme Tariff 1-8 (inclusive) and includes Permanent Mental Disorder under Tariff 6. Disabled rail passengers face restrictions at one in 10 stations WebThe Blue Badge is linked to you rather than a vehicle, so you can use it with any car. Local authorities should make it clear when issuing the badge that it should be returned to them on expiry, or if the recipient no longer needs it, because the condition under which it was issued no longer applies. Where the local authority is satisfied that an applicant will permanently meet the eligibility criteria, the local authority is able to mark their records as such to shorten the renewal process when their badge expires. For example, if a person can walk relatively normally with the use of a walking stick, then they should not be considered as meeting the criteria to be eligible to receive a Blue Badge. Indeed, the badge holder may not know the third party is using the badge. Several factors may be relevant and having considerable difficulty walking is defined as one or more of the following: Excessive pain reported by the applicant when walking, or as a consequence of the effort of walking. An organisational badge may be issued to an organisation for use in a motor vehicle or vehicles when the vehicle or vehicles are to be used to carry people who would themselves be eligible for a badge were they to make an individual application (Footnote 1). You are not completely unable to walk, have considerable difficulty walking or have substantial impairment to mobility. Impairment is the thing about the individual that is different, affecting their appearance or how they function and possibly causing difficulties such as pain or fatigue. Disability, by contrast is the disadvantage experienced by people with impairments as a result of the way the environment is constructed, the way in which a service is delivered or the attitudes of those providing services. An applicant may have undergone a related functional assessment with a different council department or health provider and this should be checked when disclosed during an assessment. Local authorities can arrange to share the information held by BBDS which will reduce requests for ad hoc information. This will probably have been done at the initial application stage in the Declaration section of the Blue Badge application form. You have not received money under the Armed Forces Compensation Scheme Tariff 1-8 (inclusive). 13. They should also be involved in any targeted enforcement activity: once a Blue Badge is seized, a PCN can be issued as the vehicle is illegally parked. If this is to be successful, they must be able to demonstrate that the information supplied can be acted on and responded to. When the local authority has determined that an application meets the criteria they will need to process the application details through BBDS Manage Blue Badges web-app (or via their own Case Management System). it has been stolen or forged or is being used by someone who is not the true holder). Badges can also be withdrawn after one relevant conviction. All members of staff who deal regularly with applicants and badge holders should be included in the local authoritys disability and equality awareness training programme, which should include information on the social model of disability. Some councils have paper application forms or can help you with your application. It is expected that all applicants reapplying for a Blue Badge under the temporary criteria, having previously been issued a badge under the same criteria, will be referred to the IAS for assessment unless there is sufficient evidence available to the authority to allow them to make a decision. If a person collects a badge in person from the local authority this can be an opportunity to highlight to the badge holder key facts pertinent to the use of the badge. People with these conditions may be eligible for a badge, but only if they are in receipt of HRMCDLA on account of their condition or are unable to walk or have very considerable difficulty in walking, in addition to their condition. Local authorities have discretion to charge a fee of up to 10 for an organisational or replacement badge. While many blue badge-holders may be self-isolating or making only essential journeys, badges need to be kept up-to-date. This must be paid before the badge is issued, either by debit or credit card. A relevant conviction is one for successful prosecution of a badge holder or third party of 1) an offence under section 21 (4B) of the Chronically Sick and Disabled Persons Act 1970 (this covers misuse of a real badge or use of a fake/altered badge when the vehicle is being driven); or 2) an offence under sections 115 or 117 of the Road Traffic Regulation Act 1984 (this covers misuse of a real badge or use of a fake/altered badge when the vehicle is parked); or 3) dishonesty or deception committed under any other provision of the Chronically Sick and Disabled Persons Act 1970, the Road Traffic Regulation Act 1984 or any other UK legislation in relation to the badge (which takes account of offences under, for example, the Fraud Act 2006, the Theft Act 1968, the Forgery and Counterfeiting Act 1981, etc). The Welsh Government has made the following publications available on their website so that they can be downloaded and printed locally: In addition, large print, Braille and audio versions of The Blue Badge Scheme: rights and responsibilities in Wales are available on request from BlueBadge@gov.wales. When you are eligible for a Blue Badge. This allows a more comprehensive analysis of statistics by local authorities and Welsh Government. The disability must last at least 12 months, In these cases Welsh Government recommends that the application is assessed by the Independent Assessment Service, to determine if the applicant meets the mobility and the time criteria, Drives a vehicle regularly, has a disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking equipment. Local authorities in Wales are not able to charge individual holders for their Blue Badge. providing false information), it may be possible to prosecute the individual under section 2 of the Fraud Act 2006. It is for the local authority to decide their own procedures and these may include drop-in centres, telephone, postal and online services. In order to streamline administration when verifying an applicants proof of entitlement, local authorities should consider using electronic records held about the applicant by other council departments and agencies, where such records are accessible and up to date. This should be signed by a Board Member or Trustee of the organisation. See regulation 9(2) of the 2000 regulations. Respect for the individual and privacy of gender history are of paramount importance and it is recommended that a Gender Recognition Certificate not be requested as proof of identity. Other considerations such as difficulty in carrying parcels, luggage or problems getting in and out of vehicles are not to be taken into account. We can then make an appointment at theCivic Centre, Oystermouth Road, Swansea SA1 3SN at a convenient time. 2012/309 (W. 50)) for circumstances in which an appeal to Welsh ministers will be considered. They should produce appropriate evidence of authority when exercising their powers; otherwise there is no obligation on an individual to hand their badge to the enforcement officer. The local authority will require additional information to support this claim. You will need to re-apply for a Blue Badge at the end of the 3 years. Sheffield City Council incorrectly assessed people for disabled blue badges, says an investigation by the Local Government and Social Care Ombudsman. This includes: the application process and help to apply. Good practice has been established whereby a badge is issued if their application is supported by MacMillan, Tenovus or relevant health specialist (such as a hospice worker, occupational therapist or welfare benefit advisor) that support people in these circumstances. Please call 01792 637366 to explain the circumstances. It can also help you stay active and independent. Local authorities should make it clear when issuing a badge that it should be returned to the issuing authority if the recipient no longer needs it (Footnote 13). The Welsh Government advises people visiting the UK from non-EU countries that they should bring their parking badges with them and notify the local authority in the areas they intend to visit to see if their badge would be recognised, but emphasise that this is entirely at the discretion of the local authority. This is often very difficult for local authorities to prove, even when they know it is happening. proof of identity, residency and eligibility and healthcare professional evidence of conditions and difficulties). The act of returning the badge does not preclude the relevant authority from prosecuting any offence that has been committed, if desired. This will be the case where a personclearly meets the criteria and their impairment will not improve, such as a double amputee. Parking badges for people with impairments from countries outside the EU vary in design and it would be hard for local enforcement officers to verify their authenticity; inspection of a badge would be advisable where there is doubt. Councils can charge up to 20 for a Blue Badge. The following link has all the contact details:Contact the Disability Service Centre. This may include people with, for example: a limb reduction deficiency of both arms; bilateral upper limb amputation; muscular dystrophy; spinal cord injury; motor neurone disease; or a condition of comparable severity. In the majority of cases there is no statutory appeal process after the local authority has decided to turn down an application (Footnote 9). Non-essential cookies are also used to tailor and improve services. For an individual person badge the mandatory fields for applications through BBDS are: Whilst the National Insurance Number is not a mandatory field, the Welsh Government recommends that local authorities complete this field, where possible, because it is helpful in confirming the identity of an applicant. Local authorities will need to check whether the organisation in question: Applications for badges from organisations caring for people should be examined to ensure that they are genuine and necessary. If possible you should complete the application yourself or ask for help from family, friends or support organisations. The table below details the eligibility criteria and evidence requirements. The Blue Badge (Disabled Persons Parking) scheme was introduced in 1971 under section 21 of the Chronically Sick and Disabled Persons Act 1970. In these circumstances, where a local authority receives an application and refuses to issue a badge they are required to issue a notice stating the grounds for refusal to the applicant (Footnote 11). When making an assessment under this criterion, local authorities will need to consider whether the applicant meets all of the following: For this purpose, a parking meter includes a machine for issuing pay-and-display tickets which shows that a charge has been paid and the period of parking paid for, as well as a parking meter which itself indicates that a charge has been paid and whether the period paid for has expired. Good practice: local authorities should process all applications through the BBDS. a condition that is likely to last for the duration of a persons life) that means they cannot walk, or means they have very considerable difficulty walking. Provided that the applicant can evidence one of the criteria listed and can satisfy identity and residency checks, a badge should be issued. Applications or renewals for Blue Badges must be made through the online system on the gov.uk website. WebThe Blue Badge scheme helps you park nearer to your destination if you have a disability. It is important to consider the persons ability to negotiate the types of pavement or road one would normally expect to find in the course of walking outdoors. Welsh Government recommends that where a badge application is refused or a badge is withdrawn under these circumstances the applicant should be informed by the local authority of his right to appeal and the time limit for doing so. Blue badge disabled parking permits - a Freedom of Information request to Swansea Council - WhatDoTheyKnow Blue badge disabled parking permits BBC Shared Data Unit made this Freedom of Information request to Swansea Council as part of a batch sent to 216 authorities This request has been closed to new correspondence. Local authorities can be flexible in how they use these powers, to address their own local circumstances and the specifics of each case. In cases where this is not possible badges may be delivered to the local authority office for collection. It is also important to gather photographic evidence, including people in or getting out of the vehicle. Local authorities should note that Welsh Government does not have the power tointervene in individual applications which have not been successful and that they should not advise applicants to appeal to the Welsh Government, unless in the very specific circumstances set out in Regulation 10 of the 2000 Regulations. If an applicant wishes to challenge a decision not to award a badge you should explain that these descriptors and qualifying scoring are detailed in regulations. The Welsh Government is responsible for the policy and legislative framework for the Scheme. This criteria is intended to capture people who have a mobility impairment that is expected to last at least 12 months. The scheme as it currently stands is governed by the following Regulations: All of the above Statutory Instruments (and the Acts) can also be viewed on Legislation.gov.uk website. Even if they are not present, the badge holder may have been dropped at that place or may be being picked up from that place. Your eligibility will be checked every time you reapply. WebThe City and County of Swansea is a Council in Wales Here are some links which you may find useful. An applicant receiving the WPMS will have an award letter from Veterans UK. This non-statutory guidance has been prepared by the Welsh Government to assist local authorities in administrating the Blue Badge Scheme. Details are set out in the Parking Card for People with Disabilities in the European Union". Using your Blue Badge. The line can also be used for injecting medication, Syringe drivers: are used to deliver medication by intravenous injection (e.g. The Equality Act 2010 allows for the better or more favourable treatment of people with impairments based on evidence, in order to provide equality of opportunity. Local authorities may refuse to issue a badge where the applicant holds or has held a badge, misused it and received a relevant conviction (Footnote 10). In the case of stolen badges, it is recommended that the authority ask badge holders to provide a police crime reference number for the local authorities to include in their records. This will help the authority to provide greater transparency to applicants and to demonstrate that correct procedures have been followed in event of a complaint. The vast majority of prosecutions, 97%, were for people who used someone elses blue badge. Please note, we do not accept cheque, cash or postal orders. 12. Whenever misuse or abuse of a badge is suspected, the enforcement officer should deal with the badge holder in a sensitive manner. you can apply or re-applyonlineon GOV.UK. Applicants will still need to provide the appropriate photographs, any supporting documents required (i.e. An example recall letter in these circumstances is provided at Annex E. The Tell Us Once system should be used to ensure that Blue Badges are cancelled as soon as possible after the badge holder dies. BBDS provides a national online application through GOV.UK. A shorter model application form has been provided for use in this type of case and the requirement for a photograph can be lifted. That is because the power to retain a badge is not the same thing as a power to permanently withdraw/confiscate a badge. 5. See regulation 8 of the 2000 regulations. Changing or handing back a because it was reported lost or stolen, should have been returned to the issuing authority (e.g. In these circumstances it will not be necessary for the applicant to provide proof that their impairment has existed for six months and will continue to exist. Local authorities are allowed to charge a fee of up to 10.00 for an organisational or replacement badge. The BBDS will enable quicker and easier verification checks by civil enforcement officers. Typically this would be done to check the detailed information and the photograph of the badge holder on the back of the badge, in order to verify whether the badge is being used by the correct person. Whether the effort of walking presents a danger to the applicants life, or would be likely to lead to a serious deterioration in their health. Applicants who can walk more than 80 metres (87.5 yards) and do not demonstrate very considerable difficulty in walking through any other factors would not be deemed as eligible. Healthcare providers are likely to be a good source of evidence to help the local authority to determine eligibility for a Blue Badge. We use cookies on this site to enhance the user experience. On the GOV.UK website the Blue Badge is included in a list of items about which a deceased individuals family may need to contact their local authority, as part of the process of registering the death. These can help to combat fraud and allow the local authority to cross-check relevant information with other council departments. A Blue Badge usually lasts for 3 years. See regulation 2(1) of the 2000 regulations. The key responsibility of local authorities is to ensure that badges are only issued to those applicants who meet the strict eligibility criteria set out in the relevant legislation. In the absence of any other proof, it is recommended that local authorities accept a utility bill. Read more information about Blue Badge eligibility. A carer can apply on behalf of any applicant however they must read and sign the declarations within the application, stating their relationship to the applicant. It also explains the existing powers available to local authorities. You can follow the link provided here to tailor your experience, or accept all and continue on this page. It may be advisable where visitors from another country have contacted the local authority about using their Badge in the local area that details and possibly an image of that badge is shared with enforcement officers to avoid advice conflicting with the issue of parking tickets. unilateral or bilateral hip, knee, etc.). Some local authorities enable the general public to report abuse or misuse. By continuing to use this site, you agree to our use of cookies. Applicants must be made aware that in order to be issued with a badge they will need to provide evidence in support of their application. See regulation 6(4)9(c) of the 2000 regulations. Eligibility for a Blue Badge does not depend on diagnosis, but on how an individuals mobility is impaired, which is outside of the specialism of the majority of GPs, Has a temporary and substantial disability which causes inability to walk or very considerable difficulty in walking. The applicant will need to provide healthcare professional evidence that, as a result of their permanent and substantial disability, they are unable to walk very far without experiencing severe difficulty. They can be contacted via the free-phone enquiry number: 0808 191 4218. To license a vehicle in the DVP taxation class, an organisation needs to make a signed declaration on the organisations letter- headed paper. An applicant who is registered blind or as severely sight impaired will often be registered with the local authoritys Social Services Department (or their agents). They make take longer than usual to send you a reply. Depending on the circumstances and local policies, the vehicle may also be removed to a pound. Badge holders can travelas either a driver or passenger, and are allowed to park close to their destination. When you apply you will need to provide an original award letter from the Department of Work and Pensions which shows your entitlement for this benefit. Local authorities may require the return of a badge from a resident where another local authority issues the same person with a badge and both badges are valid at the same time (Footnote 18). The individual should have a copy of their CVI(W), and should be encouraged to register if they have not already done so as they may also be entitled to various other benefits. They will still be expected to sign the declaration form. From six months and over a child can be placed in a Spica cast after surgery. Welsh Government understands that some local authorities may offer further assessment of the applicant by an occupational therapist or other health professionals. By continuing to use this site, you agree to our use of cookies. It is important to promote this work and Communications colleagues should be involved at the earliest opportunity to ensure the council capitalises on this work. If you don't have a drive, garage or other place to park your car in the boundary of your property then we may consider creating a disabled persons parking space. Note: Your feedback will help us make improvements on this site. If no such evidence is provided, the local authority will need to decide whether to refer the application to the IAS. You should speak to us first about this and not ask your GP for a letter. Local authorities should ask for a copy of the original letter if the HRMCDLA has been awarded within a period of 12 months prior to the date of the application for a Blue Badge. Youll need a recent digital photo showing your head and shoulders. Local authorities have been asked to supply information to Welsh Government based on their BBDS standard management report. Publicising a helpline (if sufficiently resourced to be useful) also serves as a deterrent to potential fraudulent Blue Badge users and it instils confidence among people with impairments that the council is responding to this serious issue. The badge is supplied with a copy of the guidance leaflet The Blue Badge Scheme: rights and responsibilities. and the evidence provided by the applicant. Changing or handing back a Blue Badge. A Spica cast can be either plaster or fibreglass and will encase the child from the chest down to cover one leg or both. This can assist with enforcement if such action were to become necessary. Local authorities will need to capture core data in order to determine eligibility and to process the application through the BBDS to obtain the badge. This would cover, for example, cases where a badge has suffered accidental damage or where a badge may have been tampered with in some way. If a badge has been issued, the local authority can require its return under Regulation 9(2)(b) of the Disabled Persons (Badges for Motor Vehicles)(Wales) Regulations 2000. If you can't access online systems there are computers available in the Civic Centre, our community hubs and local libraries. They'll also let you know if you need to go to a mobility assessment. Offenders can be prosecuted and face a fine of up to 1,000 on conviction. Under this criteria the uprating letter will note how long HRMCDLA is awarded for. These conditions, such as multiple sclerosis may improve temporarily but the prognosis for the condition is permanent and degenerative. 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