11 June 2009
Local councils are being warned not to unlawfully refuse Blue Badges to people just because they have been refused the higher rate mobility component of DLA.
According to the BBC the government has written to all local authorities telling them that they must apply the rules for Blue Badges correctly and that people should not be ‘unjustifiably and unlawfully turned down’.
Following a campaign to reduce the misuse – and sale – of Blue Badges, many councils are being much more restrictive in relation to who gets a blue badge. Some are trying to limit them to people whose walking problems have led to an award of higher rate mobility.
However, the law only says that people who get higher rate mobility are eligible for a Blue Badge without further assessment. Other groups who can get a badge without further assessment are those who are registered blind and War Pensioners with a mobility supplement.
But many other people are entitled to a Blue Badge, subject to an assessment, which will often involve completing a local authority form and allowing the council to contact your GP. These include people who have a permanent and substantial difficulty which makes walking difficult and people with a severe disability in both arms.
There is no right of appeal against refusal to issue a Blue Badge, although you can ask the local authority to reconsider their decision.