Staffordshire County Council Blue Badge Policy

3.1 The Blue Badge Scheme has two types of eligibility criteria: ‘without further assessment’ (previously known as ‘Automatic’) and ‘subject to further assessment’ (previously known as ‘Discretionary’).

3.2 Without further assessment’ (previously known as ‘Automatic’)

In order to qualify for a Blue Badge automatically, an application must meet one or more of the following criteria, where the applicant is more than two years old:

• Receives the Higher Rate of the Mobility Component of the Disability Living Allowance (HRMCDLA).
• Receives the mobility component of Personal Independence Payment (PIP) and has obtained 8 points or more under the “moving around” activity.
• Receives the mobility component of PIP and has obtained 10 points specifically for Descriptor E under the “planning and following journeys” activity, on the grounds that they are unable to undertake any journey because it would cause them overwhelming psychological distress
• Is registered blind (severely sight impaired).
• Receives a War Pensioner’s Mobility Supplement (WPMS).
• Has been both awarded a lump sum benefit at tariffs 1-8 of the Armed Forces Compensation Scheme and certified as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

3.3 Subject to further assessment’ (previously known as ‘Discretionary’)An applicant may qualify for a badge after further assessment where the applicant is more than two years old and may be described as one or more of the following:

• A person who drives a vehicle regularly, has severe disability of both arms and is unable to operate, or has considerable difficulty in operation, all or some types of parking meter;

or

• A person who has been certified by an expert assessor as having an enduring and substantial disability and one of the following:
  • Are unable to walk or experience very considerable difficulty whilst walking, which may include very considerable psychological distress.
  • At risk of serious harm when walking; or pose, when walking, a risk of serious harm to any other person.

3.4 In all cases, entitlement depends on the applicant’s difficulty when walking as part of a journey, and considerations such as difficulty in carrying parcels, opening car doors and width of parking spaces are not considered.

3.5 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.

3.6 The disability experienced by the applicant must endure for at least three years and therefore excludes temporary limitations of mobility, such as a broken leg.

3.7 In addition, children under the age of three may be eligible for a badge if they fall within one or both of the following descriptions:

• A child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty.
• A child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.

3.8 Non-visible (hidden) disability. The blue badge criteria changed on 30 August 2019 and was extended to include people who have a non-visible disability and who meets one or more of the following criteria:

• cannot undertake a journey without there being a risk of serious harm to their health or safety or that of any other person.
• cannot undertake a journey without it causing them very considerable psychological distress.
• have very considerable difficulty when walking (both the physical act and experience of walking).

5.1 Applicants who may be eligible under further assessment criteria will have a desk-based assessment by the Blue Badge team.

5.2 If a decision cannot be made at the desk-based assessment the applicant can be invited for a mobility assessment, or under hidden disabilities guidance, asked to provide further information. Applicants may be asked to nominate a medical professional known to them to complete and submit the Expert Assessor form before a final decision can be made.

5.3 Face to face mobility assessments are carried out by Expert Assessors using assessment criteria set out by the DfT. Before face-to-face mobility assessments are considered the Expert Assessor will consider virtual assessments, information platforms and resources, and only when there is insufficient evidence to inform their decision will request a face-to-face assessment.

5.4 These kinds of mobility assessments may be less appropriate for some people with non-visible (‘hidden’) conditions – who may be able to walk, but who experience, during the course of a journey, another very considerable difficulty whilst walking or pose a risk of serious harm to themselves or others when walking. In these cases a telephone assessment with an Expert Assessor may be deemed more appropriate.

5.5 Aside from cases where an applicant is unable to walk; i.e. that they cannot walk during the course of a journey, it should be remembered that “very considerable difficulty whilst walking” and “serious harm” during the course of a journey are high thresholds that will be applied to all applicants equally, whether their disability is visible or non-visible (‘hidden’).

5.6 To support the Blue Badge team in gathering the necessary evidence applicant may be asked to complete further questionnaires about their condition. This is to ensure that all aspects of an applicant’s conditions can be gathered and considered as part of the decision-making. See Annex 2 for a copy of the current questionnaires.

5.7 Applicants will receive detailed letters explaining decisions both at desk-based and following in-person mobility assessments in line with DfT guidelines.

5.8 The full description of the changes to criteria can be seen on the Department for Transport website under Running a Blue Badge parking scheme

https://www.gov.uk/government/publications/the-blue-badge-scheme-local-authority-guidance-england

5.9 It is the responsibility of the Council to interpret and apply the above criteria fairly.

5.10 Under no circumstances must a badge be issued to an applicant who does not meet one of the eligibility criteria set out in the legislation which governs the scheme. Badges must never be issued to people solely based on their age.

5.11 Letters can be provided in different formats as required to ensure accessibility requirements are adhered to

7.1 The DfT provides the national online application facility through GOV.UK Blue Badge application.

7.2 Staffordshire County Councils Blue Badge applications homepage features guidance notes to help with the online application process which can be found at https://www.staffordshire.gov.uk/Advice-support-and-care-for-adults/Help-and-support-with-daily-living/Blue-Badges/home.aspx.

7.3 For applicants who cannot reasonably be expected to apply online, telephone applications can be completed by contacting the Customer Service team:
Telephone: 0300 111 8000

7.4 Applicants are asked to provide detailed information about their disability and mobility difficulties at the initial application stage. Applicants must answer all questions as fully as possible in order to aid the council’s decision-making process.

9.1 Applicants must provide any supporting documents required in order for their application to be processed (i.e. to prove identity, residency and eligibility when applying under ‘without further assessment’ criteria). Applicants should also provide any supporting documents to help support their application when applying under ‘subject to further assessment’ (e.g. letters and reports from medical specialists).

9.2 Customers are advised not to submit original documentation. Staffordshire County Council cannot guarantee that original documentation will be returned to the applicant.

9.3 An applicant’s residency status will be verified using a document such as:

• Driving licence
• Council tax bill
• Bank statement
• Benefit award letter from the Department for Work and Pensions (DWP)
• A letter from a school confirming that a child attends there, if under the age of 16

An applicant’s identity will be verified using one of the following documents:

• Passport
• Valid Photo card Driving Licence
• Birth certificate
• Marriage/divorce certificate
• Civic partnership/ dissolution certificate

9.4 Blue Badges include a digitally scanned, passport-style photograph.

9.5 Applicants can upload a digital photograph onto the online application form. People who are unable to access photographs can provide a suitable photograph taken by other means which meets the passport-style standard.

9.6 If an applicant has a valid Staffordshire County Council concessionary travel pass, they can request for the same photograph to be used.

9.7 The only circumstance in which a photograph of the badge holder does not have to be displayed in the badge, is in the case of an eligible disabled person with a terminal illness. If Staffordshire County Council is satisfied that life expectancy of that person is less than six months, then this may be approved.

11.1 The council aims to process Blue Badge applications within 6 to 8 weeks of a completed application and all evidence being received. Applications submitted alongside a DS1500 form are automatically prioritised.

11.2 If further information or evidence is requested from the applicant and no response is received from the applicant within 4 weeks, the application will be deemed cancelled and will not be processed any further. If the administration fee has been paid, this will be refunded.

11.3 If further information is required from an Expert Assessor or a mobility assessment is required, the timescale is extended to 12 weeks.

11.4 Applicants moving to Staffordshire should continue to use their existing badge until it expires and reapply to Staffordshire County Council.

13.1 Badges that are no longer required must be returned to: Staffordshire County Council, 2 Staffordshire Place, Stafford, ST16 2DH

13.2 If badges for which a replacement has been provided are subsequently found or recovered, the original badge must be returned to Staffordshire County Council so that it can be destroyed.

13.3 Damaged badges must also be returned to Staffordshire County Council to be officially destroyed.

13.4 When a Blue Badge holder dies, the badge must be immediately returned to Staffordshire County Council as per regulation 9(1) of the 2000 Regulations.

15.1 Applicants have the right to request a review of the decision not to issue them with a badge, within 28 days of the date of the decision letter. All requests will normally be dealt with within 28 days of receipt. The request must be made in writing to the Blue Badge Team and must detail:

• Why the applicant feels that the decision is wrong and provide further relevant evidence to support a review of decision.

15.2 The Review of Decision will be made by a senior manager who has not been involved in any of the initial stages of the assessment. They may request one of the following be undertaken as part of the review:

• Face to face/ telephone assessment
• Request additional evidence from Expert Assessors known to the applicant
• Request that the applicant request further evidence from an Expert Assessor known to the applicant
• Contact applicant to discuss application.

15.3 The Review of Decision will require DfT eligibility criteria to be applied against new evidence provided.

15.4 As part of the Review of Decision all paperwork submitted and assessments undertaken as part of the process will be reviewed and taken into consideration.

15.5 If, following a request for review, the applicant’s application for a blue badge remains unsuccessful this decision will be final. The applicant will be written to and a detailed explanation given for the decision.

15.6 If, following a request for review, an applicant is still not determined as eligible, they can contact the Local Government and Social Care Ombudsman (LGSCO). The LGO does not have the power to overturn decisions, only to investigate the process. Eligibility decisions can only be made by the relevant officer. Elected members may wish to support individuals in their applications, reviews or appeals, but there is no scope for elected members to be part of the formal decision-making process

15.7 No further application can be made for a period of three months following the final decision unless the individual’s circumstances change significantly during that time period.

17.2 Suspected Blue Badge fraud must be reported to the Staffordshire Counter Fraud Partnership, who since 2019 have combined resources, aimed at tackling fraud across local authority boundaries. All reports will be treated with confidence. Fraud can be reported in one of the following ways.

Telephone: 0800 854 440

Email: fraud@staffordshire.gov.uk

Report fraud online: https://www.stoke.gov.uk/fraud