Hi

Not technically a benefit but maybe somebody on rightsnet can help me.

I have a client who is part way through a three year award of a blue badge. Recently the client contacted her local council about having a parking space allocated for her outside her house. However, the letter from the council said that they would only do this for people who had a lifetime award of a blue badge.

I know when the actual award is in dispute there is no formal right to appeal but the individual can write to the council to challenge the decision. However, is there anything that can be done to lengthen the award and if so would there be any risk of losing the existing award?

The client is currently not receiving DLA but I am going to help her make an application shortly.

Thanks

As far as I am aware there is no such thing as a 'lifetime' Blue Badge. Badges have to be renewed every 3 years.

The government Blue Badge guidance is here:

http://www.dft.gov.uk/adobepdf/259428/281009/laguidance.pdf

Thare are, of course, 'indefinite' awards of DLA highest rate mobility component (lifetime awards went years ago), which provide passporting to entitlement to a Blue Badge.

I would say the refusal is more likely to do with how the local authority draws up its policies. The basic marked on-street parking space can be used by any Blue Badge driver, but there is also another type of marking reserved for the exclusive use of a resident, requring a Trafiic Control Order which costs lots! Even, the basic marked space attracts a fee to be paid by the resident to the council.

When granting a marked space, councils usually want to know if there will be a potential traffic cogestion problem or if there is already pre-existing off-street parking. The refusal to grant a space sounds like a Jobsworth reply and may not reflect the council's real policy.

I would get the client's local councillors involved to see what they can unblock and also request a copy of the policy.

Thank you for your very detailed response.

I spoke to the client again, she had not actually applied for a parking space. All the client had done was read the guidance notes on the application form.

I advised the client to apply and then get back to me when she had had a response.

Wouldn't it be lovely if all clients actually gave you the straight story without having to be asked?

It would indeed!

It's not something I keep up to date with but, from looking at it in the past, I understood that where a council put yellow lines to form a parking bay this was advisory in nature and that there was no legal restriction to parking there (blue badge or not) and it was only if the road traffic act was used that an official disabled parking space was created and so only blue badge holders could use these.

Has it changed or have I been mistaken all these years?

Wed 18-Nov-09 03:25 PM by shawn

(Edited to shorten link)

http://www.opsi.gov.uk/SI/si2000/20000682.htm

Reg 6(2) only provides for a three year issue.

"...a disabled person's badge shall be issued for a period of three years beginning with the date of issue."

The others are covered by the Highway Code

info from direct.gov.uk

Any sign or marking for the road has to be approved and comply with the law. (for example.)

http://www.opsi.gov.uk/SI/si2002/20023113.htm

Hope that helps