Disabled Parking Permits (London Borough of Harrow)

Robert Goodwill Excerpts

Tuesday 8th December 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on securing this debate about the assessment of applications for a blue badge. Let there be no doubt that I share his concerns about the wellbeing of people with disabilities, especially when it comes to ensuring that the impact of their condition on their quality of life is minimised. Although it would not be appropriate for me to comment on individual cases, I would like to outline some aspects of the operation of the scheme.

The blue badge scheme has been in place since 1971, and its primary focus has always been on helping those people with permanent and severe mobility problems. The scheme enables about 2.5 million people with disabilities to retain their independence by allowing them to park close to where they need to go, providing access to jobs, shops and other services. Approximately 75% of blue badge holders have said that they would go out less frequently if they did not have a badge, and about 64% would be more reliant on friends and other family members. The Government are committed to the blue badge scheme and want to protect it for those who rely on it.

The Government are responsible for the legislation that sets out eligibility, the terms of the concession itself, the design of the badge and the enforcement framework. Badges are generally valid for three years, and the badge is for the holder’s use and benefit only. Local authorities can charge a fee of up to £10 for a blue badge. The scheme primarily improves accessibility for people with disabilities, but it has become increasingly advantageous financially. In return for the £10 fee, the scheme provides a generous package of benefits for people with severe disabilities. It enables parking on single or double yellow lines for up to three hours. Badge holders may also park for free for as long as they need to at on-street parking meters and pay and display machines. They can park for free in on-street disabled parking bays, and, unless signs say otherwise, this is also without time limit. Blue badge holders also receive other benefits—for example, no congestion charge in London. It is estimated that the annual benefit of the scheme to people with disabilities is about £250 million—nearly £100 per annum on average for each badge holder. The benefit per person ranges from £35 for people living in rural areas who make one trip a week to more than £5,000 for those who use a badge to travel to work in London every day.

Not surprisingly, the financial benefit of a badge could lead to abuse in a variety of forms. Therefore, in 2011, following a review of the scheme, the Government set out their proposals for improving the administration and enforcement of the scheme. Our aim was to ensure that the scheme was administered efficiently, consistently and fairly. In 2012, our reform strategy delivered the most comprehensive changes to the scheme for 40 years, helping to tackle widespread abuse of the scheme and ensuring that badges go to those with the greatest need. The reforms supported the Government’s agenda of promoting freedom and fairness, and meeting the needs of older and disabled people. The improvements to the scheme included: the use of independent mobility assessors to make assessment fairer and more consistent; and new legislation so that local authorities can now withdraw a badge following one criminal conviction for misuse, rather than three, as previously.

Some time ago, I spent time in Leeds with the enforcement officers checking up on the correct use of badges, and I am pleased that similar operations have been ongoing in Harrow. Indeed, a number of operations have taken place—I think they could be described as a bouquet—to make sure that abuse is minimised. Other improvements included: new powers for local authorities to seize badges that are being misused on-street, where previously only the police could do this; a new high-security, fraud-resistant badge designed to make it harder to copy or alter; and the launch of a single national database of all badge holders and their details in order to help prevent multiple and fraudulent applications. That also enables quick and easy validity checks by on-street enforcement officers from anywhere in the country.

Eligibility for a blue badge is not based on the type of disability. People with physical, mental or cognitive conditions can receive a badge if their walking is sufficiently affected. In order to qualify for a badge, a person needs to meet one of the eligibility criteria set out in the regulations that govern the scheme. They can be eligible either “without further assessment” or “subject to further assessment” by the local authority. People are eligible for the “without further assessment” category if they are over the age of two and receive the higher rate of the mobility component of the disability living allowance; or receive eight points or more under the “moving around” activity of the mobility component of personal independence payment; or are registered blind or severely sight impaired; or receive a war pensioner’s mobility supplement; or have been both awarded a lump sum benefit at tariffs 1 to 8 of the armed forces compensation scheme and are certified as having a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.

People who do not qualify without further assessment may still be eligible subject to further assessment if they are over the age of two and are unable to walk or have very considerable difficulty in walking because of a permanent and substantial difficulty; regularly drive a car but are unable to operate, or have considerable difficulty in operating, a parking meter on account of a severe disability in both arms; under the age of two and have a condition that requires that they always be accompanied by bulky medical equipment or that they be kept near a motor vehicle in case of need for emergency medical treatment.

On 1 April 2012, the Government introduced a change, which may be at the heart of my hon. Friend’s concerns. Evidence was showing that the badge issue rates vary significantly between local authorities. That could not be fully explained by population characteristics. Indeed, assessment procedures also varied. We introduced new legislation to require that where a person’s eligibility is not self-evident, the local authority must use an independent mobility assessor such as an occupational therapist or physiotherapist to help determine eligibility. That means that unless the local authority determines that an applicant’s eligibility or otherwise is clear cut, their eligibility will need to be confirmed by an independent mobility assessor. For badge eligibility decisions to be fairer and more objective, assessments should be undertaken by professionals who are independent of the applicant rather than referring to the applicant’s GP.

There was a lot of evidence to support that change. The Department of Health’s care services efficiency delivery programme noted that the involvement of GPs had only been at the discretion of the council and that a GP might not examine a person but instead rely on records. It indicated that it was rare for a GP not to support an application and that the GP-patient relationship could be compromised. It reported that the use of on-site occupational therapists allowed for a speedier and more effective decision.

Furthermore, independent research commissioned by my Department concluded that there was concern that some people who might not have had a clear and compelling need for a badge could still receive them. A majority of local authorities also believed that that was the case. The new assessment was supported by disability-represented organisations, including the Disabled Persons Transport Advisory Committee, and by the Transport Committee, which reported that using an applicant’s GP to assess eligibility was likely to produce a bias in favour of approving the application. These groups agreed that greater use of independent mobility assessments was needed to determine eligibility fairly and robustly. Indeed, a consultation showed 84% of respondents in favour of greater prescription from central Government on eligibility assessments. Focus group discussions with badge holders also revealed support for that approach provided it was delivered by an appropriately qualified healthcare professional.

An independent review commissioned by my Department in 2011 found compelling evidence that intelligently combined desk-based assessment and independent mobility assessments offered a substantially more robust assessment procedure. It concluded that mobility assessments achieve more efficient badge issuing; improved fairness for applicants; greater assurance that assessment is thorough and objective; and high level of confidence that those applicants intended by legislation to be eligible actually receive badges.

Let me make it clear that this change was introduced not to deprive anybody of a badge but to ensure that the scheme focused better on those whom it was intended to benefit. In introducing this change, we enshrined it in legislation that the independent assessor must be professionally qualified and trained in the assessment of a person’s ability to walk and have the expertise necessary to assess on behalf of the local authority the ability to walk of the applicant in question.

Although local authorities are required to determine eligibility through an independent mobility assessment, in cases where it is not clear whether an applicant may qualify for a badge, a local authority is able to make use of factual information from the GP or from other medical professionals regarding an applicant’s condition and treatment as evidence to support the eligibility decision-making process. If the new procedures are working properly, I would indeed expect some people who may previously have received a badge to find that they are now refused. Unsuccessful applicants who have had their application refused have no right of appeal to my Department against the local authority decision not to issue a badge. However, we recommend in our guidance that local authorities establish an internal procedure to deal with appeals against a local authority’s decision not to issue a badge. Appeals may not be heard where a case is clear cut, but our experience indicates that local authorities will review cases if there is any doubt about eligibility. If a qualified mobility assessor has advised the council, we see no reason for a further appeal beyond that.

We also state that local authorities must let the applicant know in writing why their application was refused, and strongly recommend that they provide a detailed explanation of the grounds for refusal. We feel that this transparency can avoid complaints being made and upheld. An unsuccessful applicant can also ask the authority to reconsider the case at a later date if they feel that their mobility problems have become more serious over time or if they think that all the relevant facts were not taken into consideration at the time of assessment. In the case of local government maladministration, there is also recourse to the ombudsman. Indeed, if any council was systematically committing procedural irregularities, it would leave itself open to judicial review. I should make it clear that I have seen no evidence of this type of practice.

As I have mentioned, local authorities are ultimately responsible for the administration of the scheme so it remains the responsibility of each local authority to determine their own assessment procedures and ensure that their procedures are in line with the legislation that governs the blue badge scheme.

I hope that I have been able to demonstrate that the Government are committed to promoting equal opportunities and achieving a fairer society by meeting the needs of the elderly and people with disabilities. It is important that we ensure that the blue badge scheme remains sustainable and protects preferential parking facilities for those with the greatest need. I believe that the introduction of independent mobility assessments means that a fairer, more robust and more effective process is in place to do this.

Question put and agreed to.