Review of the Disabled Persons Parking Scheme
(The Blue Badge Scheme)
Recommendations for change

3. Administration

3.1 Introduction

3.1.1 One of the major criticisms of the current Scheme has been the extent of regional variation in the administration. There is consensus that a more consistent and uniform approach is required.

3.1.2 DPTAC have sought to identify how inconsistencies can be removed while retaining the benefits of a national Scheme administered and available locally.

3.2 Responsibility for the Scheme

DPTAC recommend that:

[11] The Scheme should continue to be a national Scheme for on-street parking concessions administered locally.

[12] Local authorities should continue to be responsible for administering the Scheme but there should be no rigid determination of which Department should be responsible within any one authority.

[13] There should be a national (centrally funded) database of Badge holders operated by a relevant body, such as Driver Vehicle Licensing Authority.

3.2.1 The consensus of respondents is for a Scheme, operating to national guidelines, administered at the local level. The majority of respondents rejected either third party or national administration of the Scheme for a variety of reasons, including conflicts of interest with third party operation or removal from local circumstances from national administration.

3.2.2 A small minority proposed national administration in the belief that the introduction of a consistent Scheme was beyond the scope of local authorities and national administration was the only way to ensure consistency. The Disability Rights Commission put forward their proposal for national administration.

3.2.3 An overwhelming consensus of local authority respondents support regional/local level administration though on a more consistent national basis. However, they did not support a rigid determination of which department in the authority should administer the Scheme, identifying this as an area of discretion to ensure best value. It is also worth noting that a slight majority of personal and interest group responses also support administration remaining with the Local Authority.

3.2.4 DPTAC believe it is possible to administer a national Scheme locally. Inconsistencies in eligibility would be addressed through our recommendations on removing local discretion. Local authorities would only be responsible for delivering a national Scheme within set parameters, not making choices on who is eligible.

3.2.5 DPTAC also believe local authorities should be able to determine how they administer the Scheme most effectively, reflecting the diversity in local authority structures. We have made recommendations elsewhere regarding local authorities responsibilities as planning and traffic authorities and the need to make positive provision for accessible parking.

3.2.6 However, DPTAC firmly believe there is a strong case for the development of single national database of Badge holders. This would have the potential to improve monitoring of the Scheme, improve the efficiency of renewal of Badges and improve enforcement. The Driver and Vehicle Licensing Agency seem an appropriate organisation because of their existing responsibilities with regard to vehicle users.

3.3 Period of Issue of the Badges

DPTAC recommend that:

[14] The period of issue for Badges should be no more than three years before renewal is required and no less than 12 months.

[15] Where entitlement is linked to the higher rate mobility component of the DLA, the period of issue should be linked to that of receipt of that allowance.

[16] Where automatic entitlement to a Badge is linked to the higher rate mobility component of the DLA all applicants should give explicit consent to agreeing to the sharing of personal data under the Data Protection Act.

3.3.1 The consensus is for Badge issue to remain at three years, as a longer period would risk abuse. There was no consensus on lifetime Badges and a slight majority were opposed due to the risk of abuse.

3.3.2 DPTAC recommend a maximum period of three years for the issue of a Badge to protect against abuse and suggest a renewal is required at this point. This will ensure Badges are only being issued to those in need and help identify where changing circumstances mean there is no longer a need for the Badge. There was no consensus on the need for lifetime Badges and to do so increases the risk of abuse with minimal benefits.

3.3.3 Rather than increase the opportunities for abuse, DPTAC have recommended that the Badge could be issued for periods of less than three years, for example where the period of issue can be linked to that of the DLA, to help reduce the risk of abuse or in situations where people no longer need the Badge.

3.3.4 Some local authorities reported problems with validating issue of DLA due to data protection reasons. This needs to be resolved as eligibility for a Badge on receipt of HRDLA automatically qualifies a person for a Badge.

3.3.5 DPTAC have also suggested a minimum period of twelve months for the issue of a Badge. This is because any shorter period would place unnecessary administrative burdens on local authorities. This section is also relevant to temporary Badges, dealt with in section 3.8.

3.4 Funding

DPTAC recommend that:

[17] The Scheme must be properly resourced by Government at both national and local level to make the Scheme effective.

[18] There should be no fee to the applicant for the issue of a Badge.

3.4.1 There is consensus that the current fee of £2 is unacceptable as the administrative cost of collection is greater than the fee income. There was no consensus on whether it should be raised to a realistic level or abolished.

3.4.2 There was also no consensus on what would represent a realistic level to charge. Full recovery of costs would clearly be prohibitive to those disabled people on low incomes, particularly if all the costs of the Scheme were considered not just the basic cost of processing of the individual application.

3.4.3 There is no reliable evidence on what it costs local authorities to administer the Scheme and suggested charges ranged from £4.50 to £40. The most common proposal particularly by personal responses and disability organisations was set between £5-20. Higher fees were considered unrealistic and raise the possibility of needing to provide concessions for those on low incomes.

3.4.4 DPTAC have carefully considered the merits of charging and issuing Badges free. Regard was also taken of the administration of the national concessionary travel Schemes in the various parts of the UK. While charges may recover some costs and give a sense of ownership, on balance we believe it is sensible to abolish the charge to the applicant. This will simplify the administration of the Scheme, particularly as this concession is for people who have difficulty using other forms of travel. However there was some support in the consultation for the principle of a higher fee if required, and if Government believes a fee is necessary to recover some of the administrative costs we recommend an upper limit of £20.

3.5 Appeal System

DPTAC recommend that:

[19] A refusal by the local authority to issue a Badge should be accompanied by a statement of the reasons for refusal and an explanation of the appeals process.

[20] There should be a uniform two-tier appeals system throughout the UK as follows;

• An initial right of appeal to the local authority to review the grounds of refusal
• A subsequent right of appeal to a local government ombudsman if the applicant believes that the local authority has not followed the due process correctly.

[21] DTLR should issue guidance to Local Authorities on;

(a) establishing an appeals Scheme

(b) the grounds for appeal

3.5.1 There was a consensus that it is necessary to have a formal appeals process to comply with human rights legislation. Local authorities would welcome guidance on setting up a standard appeals process to ensure consistency throughout the UK. At present many authorities already operate their own appeals procedure.

3.5.2 The appeals process should be clear, straightforward and fair and not in itself a deterrent. Guidance should be given on the establishment of an appeals system and eligibility criteria for appeal.

3.5.3 DPTAC believes such an appeals process could be established but that the need for appeals should be reduced by national guidance on the grounds of appeal. Every applicant who is refused a Badge should be given the grounds for refusal and provided with an explanation of the appeals process.

3.5.4 We feel that there should be two stages to appeal. Firstly to require the local authority to review the grounds of appeal and a second stage to ensure the due process was completed by the local authority. This would be similar to that for other functions of the local authority and conducted by an ombudsman.

3.6 The Renewal Process

DPTAC recommend that:

[22] Renewal reminders should be issued automatically through the central database 3 months before expiry to ensure no gap in usage before a new Badge is issued.

[23] Return of the Badge should be added into the action pack when registering a death.

3.6.1 There is a consensus that the renewal and recall of Badges is important to protect against abuse but also to benefit Badge holders and to ensure Badges do not expire before the opportunity for renewal has been offered.

3.6.2 On the death of the Badge holder a Badge could remain in circulation. Adding the return of the Badge into the action pack on registering a death was seen as a simple, practical way forward. The action pack should confirm that it is illegal to use the Badge following the death of the Badge holder.

3.6.3 One function of the national database advocated by DPTAC would be to issue automatic reminders 3 months before the expiry of the Badge. For automatic entitlement under HRDLA direct links with the Department for Work and Pensions to check the applicant's continued entitlement to DLA could help further streamline the renewal process.

3.6.4 DPTAC believe that renewals of the Badge should be treated in the same way as any other application for a Badge.

3.7 Duplicate Badges

DPTAC recommend that:

[24] There should be no charge for replacement for Badges stolen or otherwise damaged provided the applicant produces a crime number or returns the damaged Badge.

[25] Replacement Badges should have a new serial number.

[26] Persistent loss of a Badge may require the removal of entitlement.

3.7.1 There was a consensus among all respondents that there should be a charge for duplicate Badges unless a crime number was supplied. There was also agreement that each new Badge should have a new serial number but expire on the same date as the original Badge.

3.7.2 DPTAC accept there to be several valid reasons for requiring a duplicate Badge but that if the original one is lost or stolen it should be reported to the Police to obtain a crime number. This would enable that Badge to be registered as an invalid Badge on the national database and assist with enforcement. For reasons where the Badge may be damaged or illegible the applicant should still have the Badge and must be required to return it before being issued with a new Badge.

3.7.3 Persistent loss of Badges should be investigated and consideration given to withdrawing the Badge from the applicant if regular or persistent abuse is substantiated.

3.7.4 DPTAC have suggested no charge be made for the issue of a Badge. Replacing damaged Badges may be one area where a charge is valid to ensure they are looked after (although we have suggested no charge at present).

3.8 Temporary Badges

DPTAC recommend that:

[27] Temporary Badges should be available for people with a clearly defined temporary mobility impairment for a period as specified under recommendation [13] (over 12 months but less than 3 years) but requiring an independent mobility assessment.

3.8.1 There is a consensus that temporary Badges would be particularly appropriate for those awaiting major operations such as hip or knee replacement or heart surgery although a small minority are strongly opposed. All agree that eligibility needs to be clearly defined to ensure against abuse and applicants would need an independent mobility assessment.

3.8.2 Some respondents advocated a different style of Badge for temporary badges.

3.8.3 DPTAC have recommended that the criteria for those eligible under further assessment is linked to an independent mobility assessment. DPTAC would welcome Badges being issued to those people who qualify on the grounds of need but who may only need a Badge for a short period. The assessment undertaken by an accredited health professional should indicate the expected period of need if people are likely to improve.

3.8.4 However, DPTAC considers there to be no need to distinguish those qualifying for a shorter period as their need is the same at that time. We also consider it impractical to issue Badges for less than 12 months and this should be the minimum period for which a Badge is considered.

3.9 Institutional Badges

DPTAC recommend that:

[28] An alternative wording to `institutional' should be used, such as organisation or group.

[29] The issue of such Badges should be restricted, perhaps equivalent to Disabled Passenger Vehicle tax-exempt class process for organisations.

[30] There should be no charge for such Badges.

3.9.1 Some respondents were offended by the term 'institutional' and did not feel it accurately reflected the organisations and groups that might need such a Badge. DPTAC believes it would be beneficial to change the term `institutional' with no detrimental impact.

3.9.2 There is no clear consensus about whether Badges for organisations or groups should be retained, abolished or issued only to institutions with specially adapted vehicles. The Disability Rights Commission and the Northern Ireland Government recommend consideration should be given to linking the issue of institutional Badges to vehicles in the Disabled Passenger Vehicle tax exempt class. DPTAC support this recommendation.

3.9.3 In line with our earlier recommendation on charges, we do not believe a fee is necessary particularly as many organisations requiring a Badge may be volunteer groups making a specific provision to improve the independent mobility of disabled people.

Published: 18 December 2002

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