Consultation outcome

Blue Badge scheme: consultation on eligibility

Updated 29 July 2018

This was published under the 2016 to 2019 May Conservative government

Foreword

The Blue Badge scheme plays a vital role in allowing 2.4 million disabled people in England to maintain their independence through special national parking concessions. Blue Badges enable their holders to visit their families and friends and to access healthcare and leisure activities.

The badges are no less important in helping to prevent social exclusion and isolation, and they contribute to the ability of their holders to secure and maintain long term employment. Without the scheme, 75% of badge holders have said that they would go out less often.

The government believes that the Blue Badge scheme should not discriminate in principle between physical and non-physical disabilities.

The current rules embrace all conditions, physical or otherwise, but it has become clear to us that the regulations and guidance are not clearly understood by local authorities. People with hidden disabilities may be finding it difficult to access badges, even though their condition causes them very significant difficulties when undertaking a journey.

The department has accordingly committed to look again at how the scheme works for people with hidden disabilities, to ensure that the rules and guidance are clear and that those with the greatest needs have access to a Blue Badge. This accords with the government’s manifesto commitment to give parity of esteem to mental and physical health conditions.

This consultation document discusses the key issues involved, and presents ideas for improving the rules. The challenge will be to ensure a scheme that is both sustainable and works for all who are eligible for it, whatever their disability.

I would like to thank all those who have already helped to shape the ideas in this document, and encourage everyone who reads it to assist us by responding constructively to this consultation.

Jesse Norman

Parliamentary Under-Secretary of State for Transport

Executive summary

1.1 The Blue Badge scheme in England gives preferential parking to 2.4 million disabled people and plays an important role in helping them to access jobs, shops and other services.

1.2 It has become clear through discussions with local authorities and correspondence from the public that the application of the scheme to people with non-physical disabilities is not clearly understood or administered consistently across the country. We are therefore looking again at eligibility with a view to clarifying the regulations and guidance, ensuring that any equality issues are addressed and that there is parity for physical and non-physical disabilities.

1.3 Eligibility under the current scheme is primarily aimed at those who have “a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking”. This consultation is seeking views on a proposition to change this criterion to the following:

a person who has an enduring and substantial disability the effect of which is that that person is unable to-

i. walk;

ii. undertake any journey without it causing very considerable difficulty when walking;

iii. undertake any journey without there being a risk of very considerable harm to the health or safety of that person or any other person;

iv. follow the route of any journey without another person, assistance animal or orientation aid.

1.4 The scheme currently requires that where it is not self-evident that an applicant meets the walking criterion, the local authority must use a mobility assessor who is independent of the applicant, rather than the applicant’s GP. However, as an independent mobility assessor may not be suitable for assessing mental or cognitive disabilities, we are seeking views on the use of eligibility assessors for all applicants covered by the proposed new criterion. This would allow a range of healthcare professionals other than GPs to undertake the assessments. They would not need to be independent of the applicant but should be recognised by the local authority as holding a suitable professional qualification and having the necessary expertise to assess the applicant’s eligibility.

1.5 Lastly, the consultation asks for views on providing automatic badge eligibility to those people who receive 12 points for the ‘planning and following journeys’ activity of the mobility component of Personal Independence Payment, for non-physical mobility issues.

How to respond

2.1 The consultation period began on 21 January 2018 and will run until 18 March 2018. Please ensure that your response reaches us before the closing date. If you would like alternative formats (Braille, audio CD, etc), please contact [email protected]

Please reply online or if this is not possible you may email responses to [email protected].

Note that the online response system offers the option to print or save a copy of your response for your own records when you’ve completed it.

Hard copy can be posted to:

Vida Browne-Campbell
Department for Transport
Traffic and Technology Division
3/27 Great Minster House
33 Horseferry Road
London SW1P 4DR

2.2 When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

Freedom of Information

2.3 Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

2.4 If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

2.5 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

2.6 The department will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

The proposition

Introduction

3.1 Disabled parking is a devolved matter and the scope of this consultation relates solely to eligibility of people resident in England. It does not apply to any other aspects of the scheme beyond eligibility.

3.2 The Blue Badge scheme has been in place since 1970 and enables 2.4 million disabled people to retain their independence because they are able to park close to where they need to go.

3.3 The Blue Badge scheme in England currently enables disabled people to park without charge and normally without time limit in the on-street parking environment. The scheme does not apply to off-street car parks, although car park operators tend to recognise the badge as a passport to their disabled parking facilities.

3.4 The government is responsible for the legislation that sets out the framework of the scheme but the administration and enforcement of the scheme is the responsibility of local authorities.

3.5 It has become clear through discussions with local authorities and correspondence from the public that the application of the scheme to people with non-physical disabilities is not clearly understood or administered consistently across the country. We are therefore looking again at eligibility with a view to clarifying the regulations and guidance and ensuring that any equality issues are addressed.

Current eligibility criteria in England

3.6 Eligibility for a Blue Badge is not based on the type of disability. People with physical, mental or cognitive conditions can receive a badge if they meet the qualifying criteria. It is for local authorities to assess their eligibility in line with the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (SI 2000/682), as amended, and section 21 of the Chronically Sick and Disabled Persons Act 1970.

3.7 In order to qualify for a Blue Badge, a person needs to meet one of the eligibility criteria set out in the regulations that govern the scheme. Where there is any doubt about their eligibility the local authority must use an independent mobility assessor to assess eligibility.

3.8 The regulations allow people to apply to local authorities for a badge through 2 main routes: ‘without further assessment’ and ‘with further assessment’.

Without further assessment:

3.9 Under the ‘without further assessment’ category, a person is automatically eligible for a Blue Badge if they are over 2 years old and meet at least one of the following criteria:

• receive the Higher Rate of the Mobility Component of Disability Living Allowance (HRMCDLA)
• are registered severely sight impaired or blind
• receive a War Pensioners Mobility Supplement
• receive a lump sum benefit within tariff levels 1 to 8 of the Armed Forces and Reserve Forces Compensation Scheme and have been certified as having a permanent and substantial disability which causes inability to walk or very considerable difficulty walking
• receive 8 points or more under the ‘moving around’ activity of the mobility component of Personal Independence Payment (PIP)

With further assessment:

3.10 Under the ‘with further assessment’ category, a person may be eligible for a badge if they:

• are more than 2 years old and have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking
• drive a motor vehicle regularly, have a severe disability in both arms and are unable to operate, or have considerable difficulty operating, all or some types of parking meter
• are not more than 3 years old, with specific medical conditions which mean that they must always be accompanied by bulky medical equipment which cannot be carried around without great difficulty and/or need to kept near a vehicle at all times

3.11 Around 60% of applications in England follow the ‘with further assessment’ route. The DfT issues non-statutory guidance to local authorities on the factors that should be taken into account when they are making an assessment. However, the meaning of “permanent and substantial disability which causes inability to walk or very considerable difficulty in walking” is causing a problem as some consider it can apply only to physical disabilities.

Scotland and Wales

3.12 Scotland and Wales have similar eligibility criteria to England but with a few significant differences.

Scotland

3.13 In April 2013 Scotland included in its ‘without further assessment’ (often known as ‘automatic’) criteria, people in receipt of 12 points under the Planning and Following Journeys activity of Personal Independence Payment (PIP). The 12 points descriptor applies to people who cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.

3.14 From 1 April 2016, Transport Scotland began piloting a further criterion for: “People who, as a result of a diagnosed mental disorder or cognitive impairment, have no awareness of danger from traffic and are likely to compromise their safety, or the safety of others.”

Wales

3.15 The Welsh Government have also extended their ‘without further assessment’ (‘automatic’) eligibility criteria to include those people:

• awarded tariff 6 - due to a Permanent Mental Disorder - under the Armed Forces Compensation Scheme;
• in receipt of 12 points under the “Planning and Following a Journey” activity of Personal Independence Payment because they cannot follow the route of a familiar journey without the assistance of another person, assistance dog or orientation aid

3.16 For those who do not apply for or qualify for PIP, Wales has supplemented its ‘further assessment criteria’ by adding a criterion for those who as a result of a mental disorder are unable to follow the route of a familiar journey without the assistance of another person. This applies to people who need constant supervision on the journey.

Proposition for England

3.17 Although the Department for Transport (DfT) considers that people with non-physical disabilities are not currently excluded from receiving a Blue Badge, a problem arises from the wording in the regulations providing eligibility for: “a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking”. This does not specify whether the disability is physical or non-physical – and can therefore be either. However there is confusion around “very considerable difficulty in walking” and whether this only means physical difficulty in putting one foot in front of the other or can include difficulties or challenges when walking, including safety risks, which may arise from non-physical disabilities. Some local authorities issue badges to people with non-physical disabilities, but some are unwilling to issue a badge if the condition does not manifest itself physically.

3.18 The government is committed to ensuring that physical and non-physical disabilities are given parity - and equalities legislation demands it. In respect of people with physical difficulty in walking, the purpose of a Blue Badge is clearly to help them to get from the vehicle to their destination. For the scheme to be fair and consistent in spirit and law, we need to ensure that people who may be able to walk but have great difficulty in getting from the vehicle to their destination because of a non-physical disability also have access to badges.

3.19 It is important that the scheme is sustainable. There is already a significant amount of badge misuse and parking spaces are limited. Issuing more badges may worsen this situation. Therefore it is in everyone’s interest that badges go only to those who are experiencing very considerable difficulty in making a journey – whatever their disabilities – and for whom a badge would make a real difference.

3.20 We are therefore considering amending the regulation which requires a person to “have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking”.

3.21 We believe the scheme should be about enabling people to make journeys that would otherwise be extremely difficult. We propose to focus on the journey rather than just the physical act of walking. We are considering amending the criterion which relates to difficulty walking (described in paragraph 3.10) to include:

a person who has an enduring and substantial disability the effect of which is that that person is unable to-

i. walk;

ii. undertake any journey without it causing very considerable difficulty when walking;

iii. undertake any journey without there being a risk of very considerable harm to the health or safety of that person or any other person;

iv. follow the route of any journey without another person, assistance animal or orientation aid.

3.22 This wording is intended to include applicants who would find it very difficult walking from the vehicle to the destination for physical or non-physical reasons. This is achieved by amending the wording “very considerable difficulty walking” from the current regulations to read “very considerable difficulty when walking”. This is intended to cover both physical and non-physical reasons a person may face difficulties when walking. It has the advantage of retaining a similar construction to the existing regulation and means we do not have to anticipate every possible walking difficulty and list it in the statutory instrument. It will allow local authorities to assess the particular challenges an individual faces. As now, we would propose to develop, in cooperation with stakeholders, relevant guidance for local authorities to supplement the regulations.

3.23 The new proposal includes those whose condition means there is a significant safety risk when they are outside the vehicle. Furthermore, as people who are severely sight impaired and may use assistance animals or orientation aids to follow the route of a journey are currently eligible for badges, the proposed wording gives equal treatment to those who require the help of another person to follow the route of a journey. It could also include non-physical disabilities for which an assistance animal is required.

3.24 The proposal above also amends the current requirement that the disability be “permanent and substantial”, changing it to “enduring and substantial”. This is because many mental health conditions may not be considered to be permanent. What we are seeking to capture here is conditions that are clearly not temporary and without an intervention are likely to be permanent.

3.25 Since 1 April 2012, the government has required that where eligibility against the walking criterion is not self-evident and an expert opinion is needed to help determine eligibility, the local authority must use a mobility assessor who is independent of the applicant, rather than the applicant’s GP. The assessor must hold a professional qualification which would enable them to assess a person’s ability to walk and be recognised by the local authority as having the necessary expertise.

3.26 However, an independent mobility assessor may not be suitable for certifying whether or not a person’s mental or cognitive disability has the impacts referred to in paragraph 3.21. In the first place, the assessor would not be assessing the physical ability to walk. Furthermore, whereas a person with a physical disability can be adequately assessed without the assessor having prior knowledge of their disability, this may not be the case for a person with a non-physical disability. Often such an assessment would require knowledge of the person’s functional limitations when outdoors.

3.27 Therefore, to ensure fairness and parity – whether applicants have physical or non-physical disabilities - we believe it may be more practical to remove the requirement that an assessor be independent. This would allow a range of healthcare professionals with specific expertise (other than the applicant’s GP) to undertake the assessments. Similar to now, we would propose that the eligibility assessor is recognised by the local authority as holding a professional qualification relevant to assessing the applicant’s ability to undertake the journey and having the expertise necessary to carry out the assessment (see proposed definition at Annex B).

Eligibility ‘Without further assessment’

3.28 The new eligibility proposal in paragraph 3.21 applies to those who go to their local authority for assessment. However there is then a question about whether people with non-physical disabilities should have an ‘automatic’ or ‘without further assessment’ route to a badge by virtue of receiving PIP.

3.29 Currently, people with a physical disability can apply for a badge under the ‘without further assessment’ route if they score 8 points or more under the ‘moving around’ descriptor within PIP. This score is awarded to people who cannot walk further than 50 metres safely, repeatedly and to an acceptable standard. We believe this equates to the criterion in the Blue Badge regulations requiring a person to have “very considerable difficulty” walking. Consequently, we do not think it is fair to require them to undertake a further assessment by the local authority so ‘automatic’ eligibility is granted.

3.30 If we were to widen Blue Badge eligibility to people with non-physical disabilities in the manner described in paragraph 3.21, we believe it might be fair and sensible to provide them with a similar link to PIP to avoid unnecessary additional assessments. Subject to any changes that might be made to PIP criteria in the future, we propose providing an ‘automatic’ route to a badge for people who receive a PIP score of 12 points under the ‘Planning and following journeys’ activity. We have chosen this because 12 points equates to people who cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid and so closely matches the description in 3.21(iv) above.

Impact

3.31 We are aware that any proposals to widen eligibility will increase the number of badges issued. We will therefore consider all the replies to this consultation before deciding the future shape of eligibility. When we have developed firm proposals we will assess the likely impact of the change.

Consultation questions

You can respond to these questions in an online form.

Question 1 – Do you agree with the proposed new criteria as described in paragraph 3.21? Yes or no? (Please say why).

Question 2 – If you answered no to Q1, what is your alternative proposal and why?

Question 3 – Do you agree that where an expert opinion is required it should be provided by an eligibility assessor as described in paragraph 3.27? If you do not agree, please state why and offer your alternative suggestion.

Question 4 - Do you agree there should be automatic badge eligibility for people with non-physical disabilities who score 12 points under the PIP activity ‘Planning and Following Journeys’? If no, please state why.

Question 5 – If you are responding on behalf of an organisation representing people with non-physical disabilities or conditions, please could you provide us with information on the number of disabled people in England that you consider might become eligible by virtue of being unable to:

i. undertake any journey without it causing very considerable difficulty when walking;

ii. undertake any journey without there being a risk of very considerable harm to the health or safety of that person or any other person;

iii. follow the route of any journey without another person, assistance animal or orientation aid.

Question 6 – Do you believe the proposals in this consultation would disadvantage any particular group of disabled people? If yes, which group of people and why?

Question 7 – What other comments or views on these proposals do you have?

What will happen next?

4.1 A summary of responses, including the next steps, will be published within 3 months of the consultation closing. Paper copies will be available on request.

Question and answer brief

5.1 Below is a list of frequently asked questions about these proposals. If you still have questions after you have read this section please contact:

Department for Transport
3/27 Great Minster House
33 Horseferry Road
London SW1P 4DR

[email protected]

Q. Why is the department doing this now?

Disabled people and representative bodies as well as local authorities have raised eligibility issues with us and it is apparent that greater clarity is required.

Q. What do the current rules say?

See paragraphs 3.8 to 3.10 on pages 10 to 11.

Q. What conditions will become eligible in future?

We cannot predict future eligibility until the consultation process is complete. Not all people with physical disabilities qualify for badges; nor will all people with non-physical disabilities qualify. This is about seeking to ensure that those with the greatest need have equal access to badge.

Q. Why don’t you copy Wales and Scotland and provide badges to people who cannot plan and follow the route of a journey without the assistance of another person?

We will give this approach consideration as part of our review.

Q: How many more people will have a badge after this proposal is introduced?

Following the consultation, when we have decided upon an appropriate extension to the eligibility rules, we will assess the possible impact on badge numbers.

Q. Won’t the increase in badges affect the availability of parking spaces?

It could lead to more pressure on parking spaces. That is one reason why we need to ensure that badges go to those with the greatest need, whatever their disability, and that the scheme is robust.

Q. Won’t this lead to more abuse? What is the government doing about that?

We will want to ensure that assessment procedures are robust and consistent. Abuse of the scheme on-street is a matter for local authorities. However they have the powers to seize badges on-street which are being misused. We are also working with local authorities to encourage more enforcement and to share best practice.

Q. Who does this consultation affect?

This consultation affects individuals and local authorities in England only.

Q. Will an equality impact assessment be undertaken?

We will take account of the views expressed in the consultation, and consider equality issues, in the development of any firm proposals.

Annex A Consultation principles

The consultation is being conducted in line with the government’s key consultation principles which are listed below.

If you have any comments about the consultation process please contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29 Great Minster House
London SW1P 4DR

Email [email protected]

Consultation principles

• departments will follow a range of timescales rather than defaulting to a 12-week period, particularly where extensive engagement has occurred before
• departments will need to give more thought to how they engage with and consult with those who are affected
• consultation should be ‘digital by default’, but other forms should be used where these are needed to reach the groups affected by a policy
• the principles of the Compact between government and the voluntary and community sector will continue to be respected
• the reference number for this consultation is: DfT-2018-02

Annex B Definition of ‘eligibility assessor’

Definition:

‘Eligibility assessor’ means a person (“person A”) who at the time of any assessment of another person (“person B”) for the purposes of the certification referred to in regulation 4(2)(f)—

(a) is recognised by the local authority to which the application for a disabled person’s badge is being made as—

(i) holding an appropriate professional qualification, which means that person A is suitably trained to assess whether or not a person has an enduring and substantial disability with an effect as described in regulation 4(2)(f); and (ii) having the expertise necessary to assess on behalf of the local authority whether or not person B has an enduring and substantial disability with an effect as described in regulation 4(2)(f);

(b) has never been employed or engaged by person B as a general practitioner for the provision of medical services; and

(c) is not, in the opinion of the local authority, precluded by reason of personal or commercial relationship with person B from providing an independent assessment of whether or not person B has an enduring and substantial disability with an effect as described in regulation 4(2)(f);

‘General practitioner’ means a person who is on the General Practitioner Register as described in section 34C of the Medical Act 1983.

‘Medical services’ includes all forms of medical treatment and investigations to establish whether treatment is needed but does not include an assessment conducted to establish whether person B is eligible for services provided by a local authority (including the provision of a disabled person’s badge).