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Blue Badges 'unlawfully' withheld Blue Badges 'unlawfully' withheld
(about 5 hours later)
Councils could be breaking the law by refusing to issue eligible disabled people with Blue Badge parking permits, the government has warned.Councils could be breaking the law by refusing to issue eligible disabled people with Blue Badge parking permits, the government has warned.
There has been a crack down on the Blue Badge system due to widespread abuse.There has been a crack down on the Blue Badge system due to widespread abuse.
Now some councils are being accused of being too strict in applying new guidelines to stop any fraudulent use.Now some councils are being accused of being too strict in applying new guidelines to stop any fraudulent use.
The government has written to councils in England, warning them they could be "unjustifiably and unlawfully" turning down those with disabilities.The government has written to councils in England, warning them they could be "unjustifiably and unlawfully" turning down those with disabilities.
Under new rules, Blue Badge applicants have to receive higher rate mobility allowance or show they have severe difficulties in walking.Under new rules, Blue Badge applicants have to receive higher rate mobility allowance or show they have severe difficulties in walking.
Behavioural or psychological problems are not in themselves a qualification, and it is no longer GPs who decide who qualifies but local authorities.Behavioural or psychological problems are not in themselves a qualification, and it is no longer GPs who decide who qualifies but local authorities.
Helen Smith, from Mobilise, the charity which represents disabled drivers, says strict interpretation of the rules means some people are being denied them; "Unfortunately some people that should get badges aren't getting badges because councils are interpreting the rules in ways that they shouldn't be interpreting them. Helen Smith, from Mobilise, the charity which represents disabled drivers, says strict interpretation of the rules means some people are being denied them.
"Unfortunately some people that should get badges aren't getting badges because councils are interpreting the rules in ways that they shouldn't be interpreting them," she says.
"This is the problem when you have got lots of different councils, hundreds of them, interpreting rules how they like.""This is the problem when you have got lots of different councils, hundreds of them, interpreting rules how they like."
Level of mobility
Stephanie isn't able to walk very far without her legs hurting her Rafaella Newman, whose daughter Stephanie has Downs Syndrome
Stephanie Newman, who has Downs Syndrome, has fallen foul of the crack down.Stephanie Newman, who has Downs Syndrome, has fallen foul of the crack down.
She has been entitled to a disabled Blue Badge for 16 years. But now due to the reform of the system, her badge has been taken away. She has been entitled to a disabled Blue Badge for 16 years, but now due to the reform of the system, her badge has been taken away.
Her local council says she does not meet the criteria for a Blue Badge as qualification is directly related to a person's level of mobility. It has ruled that a disability does not automatically qualify someone for a badge.Her local council says she does not meet the criteria for a Blue Badge as qualification is directly related to a person's level of mobility. It has ruled that a disability does not automatically qualify someone for a badge.
But Stephanie's mother Rafaella who drives her to many activities each week - says being able to park close by is essential; "Stephanie isn't able to walk very far without her legs hurting her, Stephanie has one leg shorter than the other her muscles are very weak, and she finds it quite painful." But Stephanie's mother Rafaella, who drives her to many activities each week, says being able to park close by is essential: "Stephanie isn't able to walk very far without her legs hurting her.
"Stephanie has one leg shorter than the other her muscles are very weak, and she finds it quite painful."
The government has now written a letter to all local authorities warning them they could be misinterpreting the guidelines and as a result some people with a valid entitlement to a Blue Badge might be "unjustifiably and unlawfully turned down".The government has now written a letter to all local authorities warning them they could be misinterpreting the guidelines and as a result some people with a valid entitlement to a Blue Badge might be "unjustifiably and unlawfully turned down".
Transport Minister Paul Clarke told the BBC; "If people have been turned down for the higher rate of mobility then automatically some local authorities are saying you can't have a Blue Badge. That is not the case, that's not laid down in the strategy." Transport Minister Paul Clarke told the BBC: "If people have been turned down for the higher rate of mobility then automatically some local authorities are saying you can't have a Blue Badge.
"That is not the case, that's not laid down in the strategy."
Have you been affected by the issues in this story? Send us your views.Have you been affected by the issues in this story? Send us your views.
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