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Thread: Blue Badgee refusal - Failure to follow due process

  1. #1
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    Blue Badgee refusal - Failure to follow due process

    In December last year Reading Borough Council refused my application for a Blue Badge within three hours of my assessment on the grounds that my condition was not permanent, (osteoarthritis), and that I was about to have a knee replacement.

    I appealed both of these reasons as being contrary to DfT guidelines to Local Authorities and the BB was immediately issued, ?on the basis of new evidence which you supplied? . However, I did not supply any new evidence, I concentrated on demolishing the reasons which they gave for the initial refusal.

    I have now made a formal complaint to the MD that the original refusal did not follow due process, and that, as a result, I had been discriminated against under the Equality Act 2010.

    I am not seeking compensation, but have requested the MD to review all previous refusals in order to ensure that no other applicants have been refused blue badges on similar grounds.

    In my opinion my initial application was a a certain issue, and that, in their headlong rush to prevent abuse, RBC, (and no doubt other LAs), have set the bar far too high.

  2. #2
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    My local authority are refusing applications for BB to anyone who can walk, with a walking aid if required, for a distance greater than 50 metres. Out of interest what is the walking distance in your area (Reading) that prevents you from obtaining a BB?

    Chris

  3. #3
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    Quote Originally Posted by ChrisD View Post
    My local authority are refusing applications for BB to anyone who can walk, with a walking aid if required, for a distance greater than 50 metres. Out of interest what is the walking distance in your area (Reading) that prevents you from obtaining a BB?

    Chris
    I walked 193 metres without a break. It is not how far you can walk, but how long it takes you. The DfT guidelines are quite clear

    https://www.gov.uk/government/upload...ance-paper.pdf see para 4.4. (b)

    You LA appears to be disregarding them, in which case they are not following due process.
    Last edited by DPDance; 03-02-15 at 17:56.

  4. #4
    dillm2
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    Quote Originally Posted by DPDance View Post
    I walked 193 metres without a break. It is not how far you can walk, but how long it takes you. The DfT guidelines are quite clear

    https://www.gov.uk/government/upload...ance-paper.pdf see para 4.4. (b)

    You LA appears to be disregarding them, in which case they are not following due process.
    Hi
    there is further info at http://www.disabilityrightsuk.org/blue-badge-scheme

  5. #5
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    Thanks for that. I'm already aware of that document many thanks and yes I agree that DfT's regulations are not being followed.

    A friend of mine who has been failed previously for walking more than 50m is going for another assessment next week. This time he is going to take a full copy of the DfT document with him, the applicable parts suitably highlighted with a marker pen. The CAB have told him to argue the relevant points with the physiotherapist conducting the assessment. Age Concern have also told me to do the same thing when I go for my assessment in the near future.

    That's obviously recommended advice for everyone!

    Chris

  6. #6
    Senior Member catlover's Avatar
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    Bear in mind that the DfT guidelines are non statutory.

  7. #7
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    Indeed, but in the absence of statutes they are persuasive, a Local Authority would have extreme difficulty in arguing that it knows better than a Department of State.

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