Disabled badge misuse?

[Boofshoes]

I've just had lunch with a friend at a soft play so I was expecting a light afternoon. They confided in me that their partner has started taking their disabled badge and using it without them with them when they are wfh. I told them it's a criminal act and they said they've told them that but can't stop them. Will my friend get in trouble if someone reports it or will just the partner?

They do discourage it due to limited disabled parking spaces but it is not against the law.

Read the second paragraph.
If the disabled person isn’t leaving the car they don’t need to take up a space. It’s an offence to misuse a badge.

It's government wording, 'should not' means it's not illegal but you shouldn't do it, if you look at the other rules they say 'must not'. I have no idea why they do that, I guess it's because it take so long to change laws in this country!

Everyone saying she needs to stop him, is he abusive OP?

I think you need to report the partner to SS for abuse or log concerns for your friend with them. He is riding roughshod over her, he is ignoring her requests and taking her possessions (blue badge is hers) without her permission. She is vulnerable due to her needs and the perceived stability he brings. If a professional carer was doing this, would you report them?

Reporting to SS means there is also a log of the partner taking things from her and her been vulnerable due to her needs, if the badge ever gets investigated.

The partner's behavior is even more worrying when he also works in a position dealing with other vulnerable people. Nasty bullies and domineering personalities seek out the vulnerable as they are easy targets for them.

So even if she did hide it, she wouldn’t be able to remember where she’d put it?
It might have been helpful to give this info in the OP.

Well no as my question wasn't what should they do with it or anything about their personal circumstance. My question was only does the badge holder get in trouble or does the person misusing it/both :)

OK, understood, but people were bound to ask why she was just continuing to allow him to use it.

Why doesn't she just keep the badge on her or hide it so he can't take it?

Ah. I have just seen she has memory problems? Even so she could keep the badge in her handbag. If he steals it that would potentially mean he gets the fine although I'm not sure if she would be allowed to keep it.

@ConJob it does say should.
But the second paragraph says it an offence to misuse a badge. Which is what you’d be doing if you used the fact a disabled person is sat in the car to justify a person who isn’t disabled using the badge.

This is the guidance I received with my blue badge.

Yes most likely. The onus falls on the badge holder however they might be able to appeal under mitigating circumstances, maybe that sh s under duress or coercion as a vulnerable disabled person depending on what's occurred. The husband sounds like a controlling shit. Perhaps further legal advice could be sought. There are lots of advice forums for pip and blue badges.

So if I (as the blue badge holder) need to go and sit in the car because I can't stand any longer, and OH stays in the shop and collects MY prescription or pays for MY shopping, we're OK?

We've never been quite sure about that one. I think that a parking enforcement officer would say OK as long as s/he saw, say, the prescription label on the meds or the name on the card used to pay for the shopping matched (a) my name on the blue badge, and (b) was me (from the photo)? My PIP award says I can't stand for very long.

Iyswim.

yes you can absolutely do this.

• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car.

ah no you can't sorry I always thought you could

When I said "this is the guidance I received with my blue badge", I was referring to the screenshot I'd attached to my post. Apologies if you can't see/open the screenshot - it says (as @Mrsjayy posted):

You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car.

So, I'm afraid you can't wait in a disabled space if you are staying in the car and your husband nips out to get your prescription. You're supposed to park in a standard space and wait for him. As an aside, the guidance also says he can't wait in a disabled space if only you have left the car; he should drop you off, go away to park in a standard space and then come back to pick you up kerbside.

@amusedbush I always assumed you could just nip back to the car and wait, I've done it occasionally oops!

I don't agree. He can wait in a disabled space if OP is due to arrive in the car in the near future.

Yes, you can. Otherwise how would you be able to get back to the car and once you are in the car you wouldn't necessarily be able to move it.

yes I understand that it makes sense, but the guidelines I checked Is saying a badge holder can't sit in the car whilst someone is going on an errand for you, and going back to the car is sitting waiting. I agree though it seems a total pointless rule and impractical.

You can disagree with me all you like but it's the official blue badge guidance.

If you are not getting out of the vehicle, you should not use your Blue Badge to get a parking space.

If you are a passenger and the driver is remaining in the car, the badge must be removed from the vehicle and the driver should park in a non-disbaled parking space.

They can then return to a disabled persons parking place to collect the badge holder when required.

Obviously they shouldn't be sitting there the whole time while a non-disabled person is doing an errand as there is no need for the car to be parked in a disabled spot . There is a need if the disabled person also got out of the car and the fact that they got back to the car a bit earlier does not negate that.

If the guidance states "They can then return to a disabled persons parking place to collect the badge holder when required." it means a non disabled person can be in the disabled persons parking place to collect the badge holder if they are due to arrive in the near future. How else are they going to collect the disabled person "when required"

Yeah, they can move back to a disabled space if the badge holder is waiting kerbside or will be there imminently. They just can't park in a disabled space with the badge displayed while the badge holder is away running errands.