Local authorities may also wish to consider establishing a designated period for the return of the badge, informing the badge holder that action may be taken if the old badge is not returned, for example information about the expired badge will be passed to enforcement officers. The issuing authority may wish to warn the holder about the seriousness of misuse when returning the badge. They make take longer than usual to send you a reply. If you need further advicethen please contact us on 01792 637366and we will be pleased to help you. 9. This criteria is intended to capture people who have a mobility impairment that is expected to last at least 12 months. 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. out of date or the badge holder is no longer eligible), using a badge that has been reported as lost or stolen, letting a friend or relative use the badge, altering the details on the badge, for example, the expiry date and, making a fraudulent application (e.g. However, when a valid badge is retained under (d) above it should normally be returned to the holder. Some local authorities regularly run a check against monthly death records supplied by the Registrars. Some local authorities operate a dedicated phone line and / or email address for people to report misuse. Where an applicant has provided a caravan or mobile home site address on their application, local authorities will need to verify this information. In accordance with the Equality Act 2010, local authorities should provide information about the scheme bilingually and in accessible formats on their website and at locations that are accessible. 2012/309 (W. 50)) for circumstances in which an appeal to Welsh ministers will be considered. Healthcare providers are likely to be a good source of evidence to help the local authority to determine eligibility for a Blue Badge. The table below details the eligibility criteria and evidence requirements. 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). 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). Disabled rail passengers face restrictions at one in 10 stations Individual badge holders should not to be in possession of more than one badge because this would undermine the scheme and increase the opportunities for abuse. We will look again at the decision taking into account the extra evidence. Welsh Government understands that some local authorities may offer further assessment of the applicant by an occupational therapist or other health professionals. An individuals eligibility for a Blue Badge is considered in terms of being eligible with or without further assessment. You can apply for a Blue Badge yourself, for someone else, or for an organisation (such as a care home). WebBlue badge holders are being reminded to check their badge is still valid and to get it renewed if it's within a month of expiring. When you apply you will need to provide a DS 1500 form or a supporting letter from a Macmillan or Tenovus nurse. It is recommended that the applicants name be written clearly on the back of each photograph and that the applicant, or the person applying on their behalf, confirms in the declaration section of the application form that the photograph is a true likeness. You can apply for yourself, someone Local authorities have a statutory obligation under section 21(5) of the Chronically Sick and Disabled Persons Act 1970 to maintain a register showing: A robust system that can identify badge holders within a local authority is invaluable not only to issuing authorities, but also to police and enforcement authorities in dealing with instances of misuse, stolen or fraudulent badges. Where badges are subsequently reported as stolen by badge holders, some authorities will request the badge holder provides a crime investigation number (issued by the police), before providing a replacement. For example civil enforcement officers may use hand held Personal Digital Assistance type devices, or use the Global System for Mobile Communication network to check the national database for key information about the status of individual badges. The rules under which badges are awarded are set by the Welsh Government. Consideration may need to be given to cross-referencing an applicants reported experience of pain with the healthcare professional evidence and information they provide about their permanent and substantial disability, details of medication they take, coping strategies they have adopted and any courses of treatment designed to help them manage their pain. All relevant evidence presented as part of an application for a Blue Badge, must be considered fully and as part of the Blue Badge assessment process. This carries a penalty of a fine of up to 5,000 and/or up to 12 months imprisonment on summary conviction. You can apply for a Collection from a local authority officer will also enable the local authority to collect old expired badges. 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). Local authorities can be flexible in how they use these powers, to address their own local circumstances and the specifics of each case. Your local council decides on the charge for a Blue Badge and you pay the money to them. Local authorities in Wales are responsible for licensing these sites; and deciding, through the conditions that they impose, whether tenants are able to use the site address as their principle address. Please do not provide any personal information, All content is available under the Open Government Licence v3.0, except for graphic assets and where otherwise stated, Report a lost, stolen or misused Blue Badge, which need face to face appointments or assessments, getting all the support you need to get around. Welsh Government recommends that the authority has a clear policy on how they will review Blue Badge decisions should a decision be challenged by an applicant. Eligibility. When you apply you will need to provide a letter from a Paediatrician. If this evidence is not available then it is recommended that the local authority accept a benefit award letter. The rightful owner can take action to recover the goods through the civil courts. In such cases the applicant will have a simplified renewal process, only needing to supply evidence of their identity, residence and a photograph. 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). A Blue Badge usually lasts for 3 years. If youare recovering from, or awaiting treatment for serious illnesses or injuries you may qualify for a temporary 12 month badge. 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 applicant should be reminded in their decision letter that they have a duty to return the badge to the local authority if at any time their mobility improves. Other professionals with knowledge who may be able to provide evidence are: It is important to ensure that the evidence gathered allows the local authority to assess using case-by-case evidence relevant to that individual. It is recommended that an auditable record of the approach be kept where identity is verified in this way. The badge is usually valid for 3 years. Protected characteristics consist of: race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity, marriage and civil partnership and gender reassignment. 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. However, like other successful applicants, it is recommended that organisations issued with a Blue Badge are sent a copy of the leaflet The Blue Badge Scheme: Organisational rights and responsibilities. Appropriate declarations need to be incorporated into the Blue Badge application form in order to enable applicants to give their permission to the local authority to access existing records. Badges can be abused or misused in a number of different ways and it is important that local authorities are vigilant. Wherever possible the onus is on the applicant to provide supporting evidence. Local authorities can refuse to issue a badge if they have reason to believe that the applicant is not who they claim to be. This will probably have been done at the initial application stage in the Declaration section of the Blue Badge application form. WebThe Blue Badge scheme provides a national range of parking concessions to help people who are severely sight impaired, or permanently physically impaired, travel 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. You are completely unable to walk, have considerable difficulty walking or substantial impairment to mobility. We use cookies on this site to enhance the user experience. Non-essential cookies are also used to tailor and improve services. You do not have severe cognitive impairment. For example, if an applicant is only able to walk for less than one minute in total then walking is likely to be very difficult for them. The photograph is a key feature in reducing abuse of the scheme and enabling effective enforcement. Following any report of misuse, the Welsh Government suggests that a letter be sent to the badge holder informing them of the report of suspected misuse, reiterating their rights and responsibilities and the repercussions of abusing or misusing the badge. The provision of parking for disabled people is limited and if Blue Badges are issued to people who do not meet the criteria, that limited provision will be in greater demand. Where this is a problem, and local authorities wish to take action, it is important that authorities are sure that misuse is taking place and have obtained sufficient evidence, especially if a prosecution is to be pursued. 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. These individuals will have been issued with a male or female badge according to whichever gender they are living under. If you do not agree with the decision not to award a Blue Badge to you and have information or evidence that was not given with your original application, you should send it to us within one calendar month of the date of the decision letter we sent you. Once you apply, your local council will process your application. Reports from some local authorities in England note that conventional enforcement complemented by additional preventative measures are likely to be the most successful and effective in the long term. The Welsh Government aims to use appropriate language in line with the social model. The evidence should indicate that the applicant is unable to walk or has considerable difficulty walking and is expected to experience these difficulties for 12 months or more. 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. Applicants should also be reminded that if they consider that there have been procedural irregularities in dealing with their applications, they can report their cases to the Public Services Ombudsman for Wales. Welsh government recommends that all appropriate available evidence is used and the local authority may wish to take into account the following: Further non-statutory guidance is available to local authorities to assist them in determining whether an individual meets the criteria, by awarding a weighting to the different kinds of evidence that is presented. By continuing to use this site, you agree to our use of cookies. The local authority will require additional information to support this claim. Blue Badge charge The charge for a Blue Badge can be up to 20. GOV.WALES uses cookies which are essential for the site to work. A medical assessment should not be necessary. Local councils expect to take longer to reissue Blue Badges. Badge holders can travelas either a driver or passenger, and are allowed to park close to their destination. It is recommended that a badge is awarded once an applicants mobility starts to be affected in a way that meets the eligibility criteria. You need to reapply for it every 3 years. Some applicants may find it difficult to provide the appropriate documentation, so it is recommended that local authorities are more flexible in assessing the proof of identity of transgender people. Local authorities have been asked to supply information to Welsh Government based on their BBDS standard management report. Blue Badge charge The charge to reapply for a Blue Badge can be up to 20. This includes taxis and hire cars that you're driving, or travelling in as a passenger. It can also help you stay active and independent. Wherever possible we recommend that this process involves the badge holder collecting their replacement badge from their local authority offices or a nearby contact centre, so that it can be exchanged for the damaged badge. For example, because of the nature of the condition they have only experienced mobility impairments for a very short period. 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. A local authority will need to ask the applicant to provide further evidence. However, applicants will need to provide healthcare professional supporting evidence and need to show that they have considerable difficulty walking. The Blue Badge Digital Service enables data sharing and enforcement checks quickly and easily. Further information is available at:BBDS guidance (confluence). You do not have a terminal illness that seriously limits mobility. This non-statutory guidance has been prepared by the Welsh Government to assist local authorities in administrating the Blue Badge Scheme. 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. A badge can only be permanently withdrawn from use if a relevant conviction for misuse has been obtained under regulation 9(2) of the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 or if it was obtained by false representation. Your Blue Badge is not renewed automatically. You will need to re-apply for a Blue 5. In all circumstances, badges must be issued to the organisation and not to individual employees. If your Blue Badge has been lost or stolen, is faded or damaged then you will need to contact us for a new badge. Get further help with a Blue Badge. The Blue Badge (Disabled Persons Parking) scheme was introduced in 1971 under section 21 of the Chronically Sick and Disabled Persons Act 1970. The following link has all the contact details:Contact the Disability Service Centre. a person with a serious illness where the treatment may be debilitating, for example treatment for cancer; a person with severe functional leg impairments who is awaiting or who has undergone joint replacement (e.g. Applicants will still need to provide the appropriate photographs, any supporting documents required (i.e. 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 should consider developing a range of tools and techniques to deal with different types of offenders and different types of offences. it has been stolen or forged or is being used by someone who is not the true holder). If you need further advice then please contact us on 01792 637366 and we will be pleased to help you. The weighting has not been made publically available in order to tackle fraudulent applications, Local authorities are recommended to not rely on letters from GPs. If you already have a Blue Badge and its nearly expired, or if you want to check if you're eligibleyou can apply or re-applyonlineon GOV.UK. A person who without reasonable excuse fails to produce a badge when required to do so shall be guilty of an offence under section 21 (4BD) of the Act and liable to a fine not exceeding 1000. It is for local authorities to decide how to do this. All applications should be handled sensitively and applicants and their carers treated with respect and courtesy, but this is particularly important when an applicant is terminally ill. Local authorities need to make clear to applicants and badge holders that a badge should be immediately returned to the local authority where: Anyone who parks in a designated parking for disabled peoples space without displaying a valid Blue Badge and/or clock if appropriate will be issued with a Fixed Penalty Notice/ Penalty Charge Notice/Excess Charge Ticket, dependent on the parking enforcement arrangements in that County. It is recommended that proof of address be provided in the form of an original council tax bill bearing the applicants name and address. Where you cannot park. The speed at which they are able to walk. Some Blue Badge applicants may be unhappy about the way the process has been conducted. Open all Who automatically gets a Blue Badge Who else could get a Blue Badge Visit GOV.UK to check your eligibility and apply for a Blue Badge. The charge to reapply for a Blue Badge can be up to 20. Tackling Blue Badge fraud can be complicated and resource intensive. Blue Badges are not renewed Under this criteria the uprating letter will note how long HRMCDLA is awarded for. 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. Please note that some police forces will only issue an incident number when there is evidence that a crime has taken place. This would be a cost to the local authorities, Welsh Government do not provide additional funds for this. The applicants driving license should be coded as either of the following: Each Blue Badge application should be treated on a case-by-case basis and the final decision about whether an applicant meets the criterion is for the issuing local authority to make. Most drivers with impairments in both arms drive an adapted vehicle and should be able to provide insurance documents which contain statements to this effect. In all cases, entitlement depends on the applicants difficulty in walking. Changing or handing back a BBDS have several delivery arrangements including fast track delivery for applications from people with a special case terminally ill (for an additional cost). The Welsh Government would like to see local authorities working on a regional basis to reduce misuse of the Blue Badge. 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. On summary conviction a person may receive a fine of up to 5,000, a maximum prison sentence of 6 months or both. The distance an applicant is able to walk without excessive pain or breathlessness; taking due consideration of the environment the individual usually walks. In addition, some disabilities may not be immediately visible. Renew a Blue Badge. It is for the local authority to determine for how long they withdraw or refuse to issue a badge to an applicant in such cases. An applicant in receipt of Higher Rate Mobility Component of Disability Living Allowance (HRMCDLA) will have an award notice letter from the Department for Work and Pensions (DWP). Verifying identity, proof of residence and checking that the applicant meets the eligibility criteria is essential to protect against fraudulent applications and abuse of the scheme. Where local authorities perceive misuse of the Blue Badge by friends and family of the badge holder to be a significant problem, it is possible for them to obtain authorisation to carry out undercover surveillance under the Regulation of Investigatory Powers Act 2000 (Footnote 19). We are aware of some cases where local authorities believe people may be trying to use fake badges, claiming they have been issued by another country, and enforcement officers have remained suspicious about their validity. The local authority must ensure that a robust assessment can be made, using healthcare professional evidence, including reports, letters (not appointment letters) summaries and assessments by relevant healthcare professionals involved in an applicants care. This consent should be asked for in the Declaration section of the Blue Badge application form. Please contact us on 01792 637366 for advice and we will be pleased to help you. However, there are certain exceptions as explained below: Where HRMCDLA, PIP or WPMS has been granted for a period of longer than three years, the badge can still only be issued for the standard three year period. It is important that there is effective communication between issuing departments and parking enforcement teams or other enforcement agencies. When making an application, organisations could be asked to provide the same type of information required by the Driver and Vehicle Licensing Agency (DVLA) for licensing a vehicle under the Disabled Passenger Vehicle (DPV) taxation class for exemption from Vehicle Excise Duty (VED)). GOV.WALES uses cookies which are essential for the site to work. 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. Where an application does not meet the eligibility criteria and the application is refused local authorities should explain the reasons behind the decision to not issue a Blue Badge (Footnote 8).It is recommended that letters contain the following information: Providing a full explanation of the aims of the scheme and the reason why an application is turned down will enable the applicant to understand why their condition does not meet the eligibility criteria. any questions or problems you have after you get your badge. 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. The applicant may provide healthcare professional evidence that the excessive pain or breathlessness occurs at the time of walking, or later as a direct result of their attempt to walk. Applicants will need to demonstrate that their ability to walk is affected to the extent that they would be unable to access goods and services unless allowed to park close to shops, public buildings and other facilities. It is important that detailed information on the eligibility criteria is provided to all applicants at an early stage to provide realistic expectations and prevent time being wasted by applicants who do not meet the criteria. The 2000 regulations now make it explicit that a valid badge retained because it is being misused must be returned as soon as reasonably practicable to the holder (provided that the authority does not have pre-existing grounds, under the regulations, for withdrawing the badge). A photograph is taken of each badge and booklet dispatched by BBDS as evidence that they have been sent to the badge applicant. The UK Government has informal reciprocal arrangements in place with many European Union Governments to accept Blue Badges from these countries. 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. The badge holder will also be given the booklet Blue Badge rights and responsibilities so that they are aware of how to use the badge and avoid inadvertent misuse. If the applicant applies for a further badge after their temporary badge expires the local authorities should assess their mobility in the normal way, including if necessary referral to the IAS. Please note: For applicants in receipt of PIP, a local authority should not base a decision to award a badge under the PIP criteria on a combined score of the mobility descriptors i.e. Blue Badge application processes It is for the local authority to decide their own procedures and these may include drop-in centres, telephone, postal and online In cases where this is not possible badges may be delivered to the local authority office for collection. However, the legislation supporting the Scheme often contains language which does not reflect the social model of disability and assumes that disabled people are disabled by their impairments (or disabilities) and that is why we have used this language.The Welsh Government definition is published externally in Action on Disability: the right to independent living framework and action plan. 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). It is for the local authority to decide whether they will accept only originals or certified photocopies of documents. This part of the criteria is intended to identify people with serious chest, lung or heart conditions who may be physically able to walk normally. The scheme provides a national arrangement throughout the UK of on-street parking concessions for people who experience the greatest barriers to their mobility when seeking to access community based facilities. This training covers the following topics: The Disabled Persons Parking Badges Act 2013 (the 2013 Act) supported by the Disabled Persons (Badges for Motor Vehicles) (Wales) (Amendment) Regulations 2014 provides local authorities with further powers to take enforcement action against abuse and misuse of the scheme. Particularly useful information provided as part of this free service is a home telephone number of the badge holder (where provided) and a copy of the photograph used on the badge. Healthcare professional evidence should be used to form the basis of this decision. Most local authorities have an internal fraud investigation team to consider council tax / benefit fraud etc. In practice, the local authority should hold written documentary evidence of authorised officers and should ensure that all officers carry some form of identification authorising them to carry out inspections/badge retention. Section 149 of the Equality Act 2010 introduced a Public Sector Equality Duty which requires public bodies - including local authorities - to have due regard to the need to: This Duty came into force on 6 April 2011. You can change your cookie settings at any time. The Blue Badge scheme provides a national range of parking concessions to help people who are severely sight impaired, or permanently physically impaired, travel independently. Blue Badges are free in Wales. Without sufficient evidence that the applicant meets the eligibility criteria the authority must not issue a Blue Badge. Local authorities may not wish to charge for replacement badges if there is evidence that the badge has been stolen, for instance where the badge holder has reported the theft to the police and provides the authority with a police incident number. It may also be possible to use Section 11 of the Fraud Act 2006 (relating to obtaining services dishonestly) to take enforcement action when vehicles are fraudulently using Blue Badges to gain parking concessions in off-road parking areas. It will be important to identify people at the earliest opportunity and if possible whilst they are undergoing initial treatments and therapy to aid their recovery. . 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. Each local authority will wish to consider its own training and procedures for enforcement officers employing the new powers. 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.