Blue Badge Enforcement Policy from 1 June 2014
This Enforcement Policy explains our approach to regulatory activity, how we expect
to deal with individuals and organisations and what happens when we find misuse,
abuse or fraud infringements of Blue Badge legislation. For enforcement to be fair it
is important that we are open and clear about the basis on which we take action.
How we focus our service
Hampshire County Council (HCC) is committed to maintaining a robust Blue Badge
service where the public will be protected from the impact of Blue Badge misuse,
abuse or fraud, particularly those who may be especially vulnerable. The Blue Badge
Service is responsible for the following:
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Issuing of Blue Badges to eligible individuals
Issuing Blue Badges to eligible organisations
Blue Badge enforcement regarding Blue Badge use
Working in seamless partnership with an investigation organisation in order to
take further any infringements, as appropriate, through enforcement steps from
formal letters through to prosecution
 Working with HCC Legal Services when prosecution of offences is deemed
necessary.
 Working with District/Borough authorities who actually provide the enforcement
officers on the ground
 Administrating the Blue Badge Improvement System (BBIS) access for all
partners
 Making sure of fairness, whether a Blue Badge holder is internal or external to
HCC
We always strive to use advice and formal warnings as the main method of ensuring
that people understand and commit to using their Blue Badge responsibly, according
to legislation and Department for Transport (DfT) guidance. From a proactive
perspective this will take the form of presentations to groups and reactively we will
apply principles of proportionality and necessity when dealing with any misuse,
abuse, or fraud report.
When we receive an enquiry we aim to respond within 3 working days to phone
messages, and 5 working days to letters, e-mails etc. Complex matters may take
longer and we will give a full reply or progress report within 15 working days. For full
details of our service standards see our Customer Charter.
Issuing Badges
We believe that prevention is better than cure so we apply as robust a Blue Badge
issuing process as resource availability allows. We do rely on the honesty of the
Blue Badge applicants but also ask for a clear description and proof of their walking
difficulty.
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If we are sure that a person does not qualify then we do not issue a Badge to
them and we let them know why
If we are unsure because the person’s condition is unique and the information
provided difficult to make a decision on then we will call the applicant for
clarification
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If we are unsure that the applicant’s walking difficulty is severe enough to qualify
for a Badge then we will ask them to attend an independent face to face mobility
assessment (IMA) with one of HCC’s Occupational Therapists – the result of the
IMA will inform whether or not to issue a badge
If we are sure that a person qualifies we will issue a badge immediately
On first refusal the applicant can ask to attend an IMA
On refusal after IMA the applicant can ask for the decision to be reviewed. This
will be done by an independent Occupational Therapist and the Head of Blue
Badge Service.
What you can expect of our staff
You are entitled to expect our staff
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To be courteous and helpful
To identify themselves by name and produce identification if requested
To provide a contact point for any further dealings
To give clear and simple advice
To confirm advice in writing on request, explaining why action is required and over
what time-scale
To clearly distinguish between what you must do to comply with the law and what
is recommended as best practice
To minimise the cost of compliance by requiring proportionate action
To give you reasonable time to comply (unless immediate action is necessary in
the interest of Health, Safety or to prevent evidence being lost)
To notify you if the matter is to be reported for legal proceedings
In cases of dispute to advise you of the procedure for making a complaint or
representations
To maintain confidentiality except where we have a legal obligation to disclose
information.
Action we take if the law is contravened
When we find a breach of legislation, in the majority of cases we deal with the matter
by advice. However, there will always be more serious cases which can only be
effectively dealt with in a more formal manner.
Dependent upon the provisions of the particular legislation, we are able to take a
variety of actions, including
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Verbal or written warnings
Fixed Penalty Notices and Penalty Notices for Disorder
Suspension, seizure of a Blue Badge
Simple Cautions
PACE interview
Prosecution
Where immediate enforcement action is necessary an explanation will be given at
the time and confirmed in writing, usually within 5 working days, and always within
10 working days.
Before any enforcement action is taken there will usually be opportunity for a person
or organisation to discuss the case. However, when we are considering a
prosecution this will be at a formal interview. Where the circumstances would
normally justify prosecution but there has been a clear admission of the offence, we
will consider offering the offender an option of signing a Simple Caution, depending
on the seriousness of the offence.
We will always observe the strict legal Codes on the way investigations are to be
conducted and legal action taken.
Where English is not the first language of the representative of the business, we may
be able to provide translations of our documents.
In some instances we share an enforcement role with other agencies e.g. Other
Local Authorities and Government institutions and in such situations we will share
information on our activities with our partner organisations if necessary.
Taking Legal Action
To ensure any action we take is proportionate and targeted only at cases in which
action is needed, a number of factors will be taken into consideration, including
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The seriousness of any alleged offence
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The value involved
The age and vulnerability of consumers affected
Any previous history
Any statutory defense available
Action taken to prevent any recurrence
Any explanation offered and, as far as the law allows, the circumstances and
attitude of the person or organisation towards compliance and the investigators.
What course of action will best serve the community interest
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Prosecution is always likely in cases which involve
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serious offences involving fraud
obstruction or wilful non-compliance,
deceptive or misleading claims or actions,
breaking statutory prohibitions,
breaking court orders,
where national policies indicates such course of action, or
The decision to prosecute is taken by the Director, Corporate Resources, after a full
consideration document has been completed with input from the investigating officer,
the Head of Blue Badge Service and the Head of Corporate Customer Services.
Good Enforcement Practice
We endeavour to serve the people of Hampshire by working with the community to
ensure a fair issuing process and a robust enforcement process.
All our staff are bound by this policy to ensure we take a consistent approach to our
work.
In carrying out our work, we are accountable to the members of Hampshire County
Council who are democratically elected to represent the people of Hampshire.
If you have any comments on this Enforcement Policy or would like further
information then please contact us.
Telephone - 01962 846010
email gordon.smith@hants.gov.uk
Enforcement Process – See overleaf
Blue Badge Enforcement Flow Diagram
2013
Report of misuse received from an enforcement authority or from a
Member of the Public
Research and gather information from Systems
Update Lagan in enforcement field and update spreadsheet
Update BBIS if needed e.g. with deceased &cancel if necessary
Call Blue Badge holder if necessary to glean any more information
Call Blue Badge holder and/or write letter
informing them of the issue and/or requesting
appropriate action proportionate to the case
No
Needs Investigation?
Yes
Update Systems
BBB/Investigation team meeting to decide
Investigation to
be carried out
Yes
Hand over to investigation team
No
No
Litigation
necessary?
Yes
BBB/HCC Legal/Investigation team meeting to decide
Call Blue Badge holder and/or write letter
informing them of the issue and/or requesting
appropriate action proportionate to the case
No
Litigation to be
carried out
Yes
Investigation team hand over prepared case to Legal Services
Update Systems as necessary and file
Legal services carry out litigation with support from
investigation team and BBB