Blue Badges 'unlawfully' withheld

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Rafaella Newman explains why her daughter should have a Blue Badge

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.

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.

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.

Stephanie isn't able to walk very far without her legs hurting her Rafaella Newman, whose daughter Stephanie has Downs Syndrome

Helen Smith, from Mobilise - a charity which represents disabled drivers - said strict interpretation of the rules meant some people were being denied the badges.

"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."

Level of mobility

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.

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, said being able to park close by was essential: "Stephanie isn't able to walk very far without her legs hurting her.

Paul Clark: No-one should be denied a badge if they meet the criteria

"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, so some people with a valid entitlement to a Blue Badge might be "unjustifiably and unlawfully turned down".

Transport Minister Paul Clark told the BBC that some local authorities were interpreting the rules incorrectly, by turning down any badge applicant who did not meet the stricter criteria that exist for higher disability benefits.

"That is not the case and we need to make that clear," he said.

"Nobody must be denied the opportunity to have a Blue Badge if they meet the criteria of the Blue Badge scheme."

But Mr Clark said some badges were being sold illegally or "misused within families".

"We want to make sure that the real people get those Blue Badges, they're able to use them effectively and efficiently, and they're not crowded out by them being in the wrong hands," he added.

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