Review of the Orange Badge Scheme

Need for review of the Orange Badge Scheme

In the light of the dramatic rise in the number of badges on issue and the reported abuse of the system which is undermining the value of the scheme, DPTAC believes there is a need to review:

a) the application of the eligibility criteria (particularly the discretionary element)

b) the manner in which applications are handled by local authorities and

c) enforcement issues.

Application of eligibility criteria

Leaving aside blind people and those with certain severe upper limb disabilities, the Orange badge Scheme was devised to help people with very severe walking difficulties. It enables those people to park their vehicles close enough to their desired destination to enable them to work, fulfil their domestic responsibilities and enjoy leisure pursuits.

The Committee believes that many of the people who have now been issued with an OB under the discretionary criteria, should not have been judged eligible. There is a strong suspicion that GPs are still being placed under pressure from patients to support their application for an Orange Badge. In borderline cases, the GP can probably see no reason why they should resist such pressure, particularly when they have no further involvement in the process once they have made a recommendation.

It is the Committee's understanding that the discretionary criteria were primarily intended to cover those people who become disabled over the age of 65 who, consequently, are ineligible for the higher rate mobility component of the DLA. It would follow therefore that, except for one or two exceptions, i.e. those who choose not to claim DLA who would otherwise qualify; and children between the age of 2 and 5, everyone issued with the badge under the discretionary criteria should be over the age of 65. The Committee understands that this is not the case.

With an average of 2 badges being issued under the discretionary criteria for every one issued as of right, it is worth noting that the total number of badges on issue would be reduced by 50% if all local authorities interpreted the discretionary rules in the same way as the stricter authorities.

Local authority handling of the Scheme

The arrangements in the local authorities for processing applications and maintaining the scheme are believed to be contributing to the problem.

In most cases, the responsibility rests with Social Services Departments (in Scotland, the Social Work Department). It is difficult for such departments to refuse an application that is supported by a GP, particularly with the availability of an appeal process to elected member. Since they have no involvement in traffic management and parking control, or in the enforcement procedure, they are also unlikely to have any feel for the impact that their approach has on the credibility of the Scheme itself and on the mobility of severely disabled people.

Since the sole purpose of the Orange Badge scheme is to provide exemptions from traffic management regulations, it would seem more appropriate for local highways authorities (roads authorities in Scotland) to administer the scheme. This is the case in a few authority areas but is the exception to the rule. The obvious parallel is with the issuing of permits for residential parking schemes and other restrictions on vehicular movement.

Some local authorities issue reminders to Badge holders inviting them to renew their Badge, but many others do not. Although the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 provide for immediate return of Orange Badges "on the expiry of the period for which the badge was issued", the Committee is aware of only a few local authorities which call in out-of-date badges. The effect is to encourage abuse of the scheme. Requiring authorities to call in out-of-date badges would reduce the number of badges in circulation.

Where authorities have introduced more stringent handling arrangements the number of badges on issue reduced. In Hillingdon, where GPs have been removed from the system and applicants are interviewed by local authority staff, the number of badges on issue decreased by 39% in the three years between 1993 and 1996.

Enforcement issues and the impact on the mobility of disabled people

It is not always obvious to the casual observer why an individual has been issued with an Orange Badge and this together with the need to observe parked vehicles over a period of time makes it difficult to enforce parking and waiting regulations. With the increase in the number of badges and the incidence of abuse, the Scheme is falling into disrepute both with the general public and bona fide Orange Badge users.

To curb demand for road space by orange badge holders to a manageable level, it is increasingly likely that local authorities will seek to introduce local parking badges. Such schemes seriously undermine the effectiveness of a national scheme and adversely affects the mobility of disabled people from surrounding areas and other visitors who can effectively be barred from accessing neighbouring town centres.

Even if local schemes are not implemented, the demand for orange badge parking can be so intense that disabled people find it difficult to find designated spaces. They are therefore forced to use the concession to park on yellow lines. In some areas, because of the increased use of this concession, highways authorities have then reviewed waiting restrictions and no loading/unloading bans have been imposed in order to prevent such parking. This has further restricted the mobility of badge holders. DPTAC therefore consider it essential that attention be paid to enforcement issues with appropriate action taken on all five areas of abuse outlined above.

DPTAC recommendations

The Committee recommends the following package of measures aimed at reversing the current trends by tackling the issues relating to application of the criteria, administration of the scheme and enforcement:

• except in exceptional circumstances i.e. those who do not apply for DLA but who would otherwise qualify, the discretionary criteria should only be used in those cases where the applicant is over 65 years of age and would otherwise have qualified for the higher rate mobility component of DLA
• in order to ensure that badges are only issued to eligible people, a detailed questionnaire should be introduced to assist local authorities in assessing applications made under the discretionary criteria and applicant's GPs should be removed from any direct involvement in the system. Applicants with a completed application form should be interviewed by trained local authority staff. The questionnaire should include questions about mobility both inside and outside the home
  - what activities are accomplished indoors during the week, what activities are accomplished outdoors, away from home, during the week. In addition, the mobility section of the DSS incapacity benefit application form could be relevant and the questionnaire could also include mobility range questions specifically related to well known features of the environment such as multiples of the length of a car, the length of a bus, etc.
• responsibility in the local authority should be moved to the highways (roads) department (in consultation with the Social Services/Social work Departments). The one department would be responsible for the issue of badges, keeping a register, providing the parking bays and regulating on-street and off-street parking.
• local authorities should keep adequate records in a form which enables them to send out, at the due date, reminders to people with orange badges advising them that they need to apply for a new badge and that they need to return their old badge when the new one is issued.
• consideration should be given to requiring local authorities to reassess all applicants every 3 years. Applicants should, for example, have to produce a statement certifying that they still receive the higher rate mobility component of DLA. Meanwhile every local authority should check a proportion of renewal requests to reassess both eligibility under the automatic right criteria (e.g. by checking eligibility with the Benefits Agency) and under the discretionary criteria. Applicants should be advised of this procedure.
• legislation should be introduced as soon as possible to facilitate the enforcement of the Scheme by allowing badges to be checked.
• where parking enforcement has been decriminalised, local authorities should instruct traffic wardens to issue tickets to every car not duly displaying a valid Orange Badge in a parking place designated for the use of badge holders only.
• local authorities should encourage prosecution of those who use an orange badge illegally and publicise all such prosecutions.
• local authorities should issue a single warning to disabled people who knowingly allow their badge to be used by someone else. If the badge is abused for a second time then it should be withdrawn from the disabled person for a significant period of time.
• Local authorities should make available comprehensive information to OB holders about the availability of parking bays in their area, charging policies and facilities.

Appendix 1: Number of Orange Badges on issue (1987-1997)

Appendix 2: Authorities showing reduction in numbers of discretionary badges

Updated: 9 November 2000

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