Blue badges

[Nerfmother]

Is there any discretion on these? So without higher rate mobility dal but good reason on an ongoing but hopefully sortable problem? I know it sounds vague! Good reason for asking tho.

Thanks polter. Wasn't sure if it was national rules.

The rules are national and rigorously enforced.

High rate mobility is a 'passport' to a blue badge.

If you don't get HRM, you have to fulfill one of the other criteria. For children this means they can answer 'yes' to one of the following:

"I am over the age of two and registered as blind (severely sight impaired)

I have either a Certificate of Vision Impairment (CVI) or a BD8 form, signed by a consultant ophthalmologist, stating that I am severely sight impaired (blind) and I wish to be registered as severely sight impaired (blind) with my local authority

I receive the Higher Rate of the Mobility Component of the Disability Living Allowance

I am over the age of two and have a permanent and substantial disability which means that I am unable to walk

I am over the age of two and have a permanent and substantial disability which means that I have very considerable difficulty in walking

I am under the age of three and have a medical condition that means I must always be accompanied by bulky medical equipment

I am under the age of three and have a medical condition that means I must always be kept near a vehicle in case I need emergency medical treatment."

When I applied for DD1's badge the criteria was 'permanent...physical disability'. I was turned down. I appealed, saying that her brain malformation was physical, and it was that which caused her symptoms which made it difficult to walk. The appeal was accepted.

"good reason on an ongoing but hopefully sortable problem"

This is possibly a sticking point. Temporary issues don't count, even if the problem may be there for more than a year, say.

Thanks lougle. Prompted by the how old is too old for parent and child spaces thread. He's nine nearly ten. But very unsafe near traffic for a complicated reason. Will just stick to plan a - don't go anywhere near traffic or cars or roads etc etc !

We found no discretion. Ds has cp can't walk, but had to wait until he had higher rate dla mobility despite bulky equipment, and had to wait until he was in receipt of it to actually apply even though we got the letter saying he would get it some months earlier (as he got care so we did the forms early)

Mind you my fil with an amputated leg got turned down for a blue badge for the first 18months post amputation!

Thank you stair. I think it's a non starter then. Sorry you had a struggle, seems really hard.

I don't think they're allowed to interpret it anything other than as the regulations say.

However, my argument was this:

-DD1 has a physical brain malformation.
-That malformation causes her to trip/stumble/fall more than other children her age. It also causes her to have no sense of danger and no road awareness.
-The rules say that one must have a physical disability which causes great difficulty in walking.
-If someone had a damaged back which caused great difficulty walking, they would still get a blue badge despite their legs being of perfect structure.
-If DD1 didn't have her brain malformation, she wouldn't have difficulties walking.
-Therefore, she meets the criteria.

I had to explain my logic step by step on the phone. Then the supervisor asked me to put it in writing, in the form of appeal. The blue badge arrived 2 days later.

Our DD has AS and chronic disease, we have just had our renewal through now. She has HC and LM..it's worth a try! We filled in the forms three years ago and received the badge within a week and the same thing happened this year.

Thanks pouncer, I will maybe have a chat with them. Lougle, clever arguing albeit it should be easier to get help. If I wasn't worried about his safety I wouldn't be considering this.

we got blue badge under 'I am over the age of two and have a permanent and substantial disability which means that I have very considerable difficulty in walking' for ASD / behavioural problems with walking. ASD is physical disability (Brain malformation) and causes behavioural problems (refusal to walk) which means considerable difficulty walking in a functional way.

DS does not get HRM - I could not be bothered to have that fight because for ASD it gets all tangled up with IQ and its hard to get for ASD without SLD.

We got turned down initially and appealed (they said ASD was not a physical disability when are cases saying it is neurological).We expected to have to go to an assessment and was hit or miss if qualify but once they realised they got the law wrong they just gave in and issued the badge.

Its worth applying and asking for a review as often give in at that point.

I am so glad others had a better experience than we did. It was perhaps less of a big deal for us with ds. I could and still can just pick him up and put him in a buggy or bike seat. So perhaps worth a try. The dla was much easier for us to get so it clearly does go to show there is a discretion.

Thanks all, I think the most sensible thing is to ring them and ask.

They used to have discretion, Poltergoose.

My son got a blue badge (ASD) before receiving High Rate Mobility, which ran out last year. We had to get a psych letter, detailing his behavioural difficulties. My LA, at the time, allowed BBs for people with 'severe behavioural difficulties'.

Now, he gets HRM (high IQ but low 'useful' intelligence - we did have to appeal!) so gets the badge that way.

We applied and were refused as they said ASD is behavioural and they don't award them for that.

Will retry after reading these posts.