Annex C - Blue Badge Reform 2008

Table of contents

• Blue Badge Reform 2008 – Background Information on the Questions being Asked in the Consultation
• A) Eligibility and Assessment
• Background information
• B) Concessions
• Background information
• C) Enforcement
• Background information
• D) Alternatives to the Blue Badge Scheme
• Background Information and Consideration

Blue Badge Reform 2008 – Background Information on the Questions being Asked in the Consultation

A) Eligibility and Assessment

Background information

There are approximately 2.3 million badges currently on issue in England. Eligibility is assessed by local authorities using two separate assessment routes:

• Eligible without further assessment (referred to as automatic eligibility in this document) which is predominantly linked to receipt of the Higher Rate Mobility Component of Disability Living Allowance (HRMCDLA).
• Eligible subject to further assessment (referred to as assessed eligibility in this document) which is mostly intended for people who are unable to walk or have severe walking difficulties, but who choose not to receive HRMCDLA or are no longer eligible for HRMCDLA because they were over 65 at the point of being able to claim.
   
• Approximately two thirds of badges are issued under the assessed eligibility criteria (mostly to people with severe walking difficulties). Around a third of badges are awarded to individuals in receipt of the HRMCDLA. Finally, less than 4% of badges are issued to individuals who are: severely visually impaired/registered blind, people in receipt of war pensioners’ mobility supplement, and organisations involved in the care of disabled people.
• Since October 2007, there has been an additional eligibility category for children under the age of 2 who, due to a specific medical condition, need to travel with bulky medical equipment or be close to a vehicle for emergency medical treatment.

Issues for Consideration

• DfT has conducted research into the future eligibility of people with the following disabilities who do not currently qualify for the Scheme:
  • Autism;
  • Alzheimer's Disease or similar dementia;
  • Mental health problems (e.g. Schizophrenia)
  • Agoraphobia or anxiety related disorders;
  • Learning difficulties;
  • Colitis or Crohn's Disease;
  • Partial sight; and
  • Temporary conditions (i.e. lasting less than 3 years) which seriously impact their mobility.

The research suggested the possible extension of the assessed eligibility criteria to include individuals with the most severe mental and behavioural disorders that require physical contact (‘attention’) to cross the road safely.

• As outlined above, the vast majority of people who receive the badge through the automatic eligibility criteria receive HRMCDLA. There are several differences between the assessed eligibility and the eligibility criteria for HRMCDLA. These differences are highlighted in the table below.

Table1: Differences between HRMCDLA and the Blue Badge assessed eligibility criteria 

• As only people under the age of 65 can make their first claim for HRMCDLA, the current differences outlined above could be seen to discriminate against older people who acquired their disability after the age of 65 and are ineligible to claim HMRCDLA. DfT is minded to promote greater equality of opportunity in this area by making the two main assessment criterions more closely mirror each other, regardless of an individuals benefit entitlement.
• Furthermore, there is evidence to suggest that the assessed eligibility criteria is not being applied consistently by local authorities and this is reflected by the range of badge issuing rates seen across different local authorities.

Initial DfT proposals on eligibility

• DfT would like to make the Scheme’s eligibility criteria as fair and effectively administered as possible. For this reason we are (pending further modelling, consultation and impact assessment) minded to minimise the differences between HRMCDLA and the Assessed eligibility criteria. This is likely to include:
  • Raising the age that a child can qualify for a badge due to dependence on bulky medical equipment or the need for emergency medical treatment to three
  • Raising the age for the standard assessed eligibility criteria to three to mirror HRMCDLA
  • Amending the assessed eligibility criteria to include individuals with the most severe mental and behavioural disorders that require physical contact (‘attention’) to cross the road safely
  • Reducing the minimum badge issue period for people awarded the badge through the assessed eligibility criteria, to twelve or eighteen months, to enable people with disabilities that last less than three years to qualify for the Scheme
  • Encouraging greater consistency of badge issue rates between authorities
• All of the above changes could only be implemented as a result of additional legislative changes and further consultation.

B) Concessions

Background information

Scheme concessions

• The Blue Badge Scheme currently provides a national range of on-street parking concessions which are governed by legislation. This includes:
  • Free unlimited parking at 'on-street' parking meters, parking bays and pay-and-display bays (unless there are time restrictions in force, which need to be obeyed);
  • The ability to park for up to three hours on single or double yellow lines (unless loading restrictions are in place); and
  • The ability to be picked up and to alight in locations where parking restrictions are in place.
• Over time the Blue Badge has effectively become a ‘passport’ for other concessions not formally covered by the Scheme e.g. disabled parking provision at off-street local authority car parks and supermarkets and exemptions from road tolls and the London Congestion Charge.
• Market research conducted as part of the 2007 Strategic Review of the Scheme suggests that the yellow line is the least used parking concession and that badge holders value off-street parking provision and the free parking associated with the Scheme more highly than the other parking concessions.
• However, there are still some places where the Blue Badge Scheme does not apply including parts of central London (see below), private roads, red routes in Central London and off-street car parks.
• Mounting pressure on parking spaces in town centres and the use of the Badge for other concessions (such as the exemption from the London Congestion Charge) are increasing the value and demand for the Badge; which in turn is reportedly encouraging misuse of the Scheme and associated vehicle crime (i.e. badge theft and forgery).

Issues for Consideration

On-street parking concession
Badge holders are provided with free parking at ‘on-street’ parking bays; DfT recognises that this is an important concession for badge holders. However, the number of badge holders in England has grown from an estimated 673,000 in 1987 to approximately 2.3 million in 2007. Demand for the Scheme continues to grow and is not just restricted to people on flat-rate benefits, who may struggle to afford to park. Although local authorities can charge for the use of off-street disabled parking bays, no similar power exists in relation to on-street parking, regardless of local need or individual circumstances. Since 1995 Local Authorities have had a legal duty under the Disability Discrimination Act (DDA) to ensure that disabled people can access goods, facilities and services. The Department has no current plans to vary this concession but any foreseeable introduction of local parking charges would need to be dependent upon mandatory local consultation and fully comply with the DDA (for example, ensuring the introduction of accessible parking machinery, appropriate signage and an adequate number of disabled parking bays).

Off-street parking concessions
Although off-street parking on private land is not covered by the Scheme, many car park operators use the Blue Badge as a ‘passport’ for the use of their own disabled parking bays. For this reason it is still seen as a valuable concession to badge holders. The abuse of disabled bays in off-street parking spaces has been raised by disability groups as an issue. Other stakeholders have suggested that a separate concession could be introduced for off-street spaces (e.g. separate vouchers from hospitals and supermarkets) to reduce demand for the Scheme.

The yellow line concession
DfT market research suggests that the yellow line concession is not used as frequently as off-street parking or metered / pay and display bays. This may be due to uncertainty about the rules governing its use and the current 3 hour time limit which means that it might not be appropriate for certain purposes (e.g. for accessing employment, education). A number of disability groups have lobbied for an increase in the time limit but the potential impact on congestion, commerce and other road users remains unknown. There is no current flexibility to vary the time limit on yellow lines in England to match local circumstances, outside of Central London (see below).

The Central London Concession
The four Central London boroughs are currently exempt from the national Blue Badge Scheme and instead operate their own individual arrangements for Blue Badge holders (this is known as the "London Concession"). The areas covered by the Central London concession are:

• Westminster;
• City of London;
• Kensington and Chelsea; and
• Parts of Camden.

This area is not aligned with the boundaries of the London Congestion Charge Zone. The Central London boroughs also have separate additional parking provisions for disabled people who are resident or work in their area. Opinions are polarised regarding the desirability of the separate London Scheme and the likely impact on congestion and security if the current legislation governing the concession were to be revoked.

Initial DfT proposals on concessions
We have no current plans to alter the Blue Badge concessions. However, we wish to engage in a discussion with stakeholders about the feasibility and desirability of possible changes to the concessions in the future to ensure that the Scheme continues to help support people with severe mobility issues whilst balancing the needs of the economy, environment

C) Enforcement

Background information

• Abuse of the Blue Badge Scheme centres around two main types:
  • use of lost, stolen, duplicated or forged badges; and
  • misuse of valid badges by friends or relatives (which is anecdotally more common).
• There is also a third type of abuse associated with the acquisition of badges by individuals who do not have significant mobility issues during the application process.
• Anecdotal evidence suggests that abuse of the Scheme is becoming a problem, particularly in metropolitan and urban areas where high parking charges and limited parking spaces are increasing the appeal of the Badge's concessions. Demand for a badge is also reportedly being fuelled by its use for other concessions which are not formally part of the Scheme, for example to access off-street disabled parking bays and exemption from the London Congestion Charge.
• The use of misappropriated or forged badges can often be a marker for wider vehicle focused crime (e.g. failure to have MOT and / or insurance and stolen vehicles).
• Responsibility for on-street enforcement typically falls to local parking enforcement officers, or less commonly to police officers and traffic wardens depending on whether the local authority has opted for Decriminalised Parking Enforcement (DPE).
• Some local authorities have successfully tackled abuse through robust enforcement practices including close working with the police and targeted undercover surveillance operations. However, this could be rolled out more widely in areas of high parking pressure where a business case can be established.

Issues for Consideration

National data sharing
Local authorities are required by law to keep a register of the badges that they issue and the vehicle(s) for which each badge is held. However, in practice, there is limited linking of badge holders to vehicles and there is no national framework for sharing information on badge holders between local authorities. The current situation does not support effective enforcement, as there is no efficient means of checking the validity of badges that have been issued by other authorities.
Some regions have already begun consolidating their own Blue Badge data (e.g. London Councils are implementing a database of lost, stolen and fraudulent Blue Badges for London and is exploring, with TfL, the option for developing a London database for all badge holders). However a national framework for sharing Blue Badge data could be achieved through the creation of a national database or a network of local or regional databases. Any move to national data-sharing would need to be supported by appropriate legislation together with a robust regulatory regime of safeguards to protect personal data whilst ensuring transparency and scrutiny.

Badge design
Following consultation, the DfT recently introduced legislation to amend the badge design to help prevent fraud and aid enforcement. This included the introduction of an anti-fraud hologram, a gender specific serial number on both sides of the badge and clearer information directly on the badge about which side should be displayed. DfT also intends to provide local authorities with one year's supply of tamper proof laminates for them to trial. However, there may still be scope for additional security features.

Enforcement could also be supported by the use of technology that could introduce certain security features. For example, by enabling information to be stored on the badge, which could be read through windscreens, as a means of detecting lost, stolen or fraudulently used badges . Any such proposals would need to be compatible with the European Communities model parking card (i.e. the European specified design of the badge).

Local Authority Powers
Local authorities could also potentially be supported by the introduction of additional legal powers. For example, the police, traffic wardens, parking attendants and civil enforcement officers have the power to ask to inspect a badge where it is displayed on a vehicle. However, only the police have the power to remove misused badges on the spot (under the general power of seizure set out in section 19 of the Police and Criminal Evidence Act 1984) and this restriction can prevent effective enforcement. Enforcement could potentially be improved by introducing a power to enable both the police and certain enforcement officers to seize misused badges. This would enable local authorities to tackle abuse more effectively, but would require changes to primary legislation.

Badge fee
The fee (if any) that local authorities can currently charge for the issue of the badge must not exceed the £2 level, which was set in 1983, However the British Bankers' Association estimates that it costs around £12-£25 merely to process the fee.

Scotland has already raised the maximum fee that can be levied at the discretion of the issuing authority to £20.

Public awareness
There is a general lack of understanding of the Scheme amongst badge holders and the wider public which is resulting in inadvertent misuse of the badge - for example by friends and relatives of badge holders who are unaware that they cannot use the badge when they are not with the badge holder unless they are using it to drop off or pick up the badge holder in a restricted parking area.

Initial DfT proposals

DfT is considering (pending further consultation and impact assessment) a number of options for supporting local authorities to administer and enforce the Scheme more effectively, including:

• supporting local authorities in the development of a national Blue Badge data sharing system
• introducing new technology features to the badge (subject to compatibility with the European Communities model parking card – i.e. the European specified badge design)
• revising the existing local authority powers for dealing with abuse (e.g. new powers to remove lost or stolen badges on the spot)
• raising the maximum level of the discretionary badge fee (which has remained unchanged since the early 1980s)
• launching a public awareness campaign to increase understanding of the Scheme.

D) Alternatives to the Blue Badge Scheme

Background Information and Consideration

• The Blue Badge Scheme is part of a wider framework for meeting the transport needs of people with restricted mobility.
• Since the Scheme was introduced in 1971, there have been marked improvements in public transport as a result of changes in legislation and significant government investment to make transport and associated infrastructure physically accessible and affordable to disabled people e.g. £370 million is currently being invested in making train stations more accessible through the 'Access for All' initiative.
• Despite these improvements, the majority of badge holders surveyed as part of the Strategic Review do not regularly use public transport. The main barriers to use provided by participants include concerns around reliability, cost and accessibility of services and individual disability and health issues. However, 24% of those badge holders surveyed said there was nothing that the Government could do to encourage them to use public transport.

Alternatives to the Blue Badge Scheme

• There is evidence to suggest that the mobility needs of some groups of individuals not covered by the Blue Badge Scheme (e.g. people with partial sight, less severe cases of mental impairment and behavioural problems) could potentially be met by alternative mechanisms such as taxi vouchers and enhanced local community transport.
• In particular, independent research suggests that there may be less of a case for extending eligibility to people with conditions such as Colitis and Crohn's Disease or than to other individuals (such as those with severe mental impairment). This is because their need to park in restricted areas to access toilet facilities could potentially be signalled by other mechanisms such as the "I Can't Wait" cards currently used by members of the National Association for Crohn's (NACC) and Colitis and Crohn's in Childhood Research Association (CICRA) to access toilet facilities quickly.