Consultation on the Proposed Disabled Persons’ Parking Badges
(Scotland) Bill
Response from Parkinson’s UK
Name: Tanith Muller, Parliamentary and Campaigns Officer
Organisation: Parkinson’s UK
E-mail: tmuller@parkinsons.org.uk
Phone number: 0844 225 3726
Enforcement
Question 1: Do you agree with the general aim of the Bill to provide for better
enforcement?
Parkinson’s UK supports stronger enforcement of the Blue Badge scheme, which is a
lifeline for many people with Parkinson’s. People affected by Parkinson’s are extremely
concerned about the misuse of Blue Badges, and are keen to ensure that fraud and
misuse are reduced.
Question 2: Do you think that police traffic wardens and local authority parking
attendants should be allowed to confiscate a Blue Badge which they suspect is
fraudulent or is being misused?
Yes, but only if the powers are very clearly defined. Parkinson’s UK has very serious
concerns about the way in which powers may be used and the potential for unintended
consequences for people with fluctuating or invisible disabilities.
Parkinson’s is a fluctuating condition, which means that a person’s mobility issues may
not always be apparent. People’s ability to walk can vary considerably from day to day,
hour to hour and even minute to minute.
“My main concern is the variable nature of Parkinson’s, probably more so than in
many other conditions. At times I could manage without my badge, but at others,
my legs simply don’t want to work, and I’d be lost without it.” – person with
Parkinson’s
“My walking ability differs from day to day. Getting started is the worst problem,
as my feet fell stuck to the ground. Once in a rhythm, I can walk so long as the
path in front of me is clear. If someone walks towards me, I freeze again. No two
days are the same as regards distance – sometimes my legs are too painful to
walk.” – person with Parkinson’s
Someone with Parkinson’s may be affected by:
 problems initiating or continuing movement. For example, people can “freeze”
or medication can “wear off”, making it impossible to move
 high risk of falls, making it dangerous to walk for long distances, especially in
poor weather
 shuffling and slowness of movement
 problems in controlling arm movements, making it difficult to operate a
parking meter
However, people with Parkinson’s regularly report that they are challenged by members
of the public because they do not “look” disabled, and they may not use a stick, walking
aid or wheelchair. This is very stressful for people with Parkinson’s, and fear of being
challenged can be a source of considerable anxiety.
If confiscation powers are introduced, they should be restricted to the types of situations
outlined in the consultation document:
 using an expired, changed or forged badge
 using a lost or stolen badge
 use by a third party
The legislation must stipulate that people may not have their badge confiscated on the
basis of appearance of disability. Legitimate Blue Badge holders must not be subjected
to harassment or confiscation by overzealous enforcers acting on a personal judgement
about how disabled a person appears to be.
However, we also have significant concerns about issues around delays in re-issuing
Blue Badges in several local authority areas in Scotland. Parkinson’s UK members in
Aberdeen and Edinburgh have reported that there are significant delays in the
independent mobility assessments because of the volume of assessments that are
needed. We have heard that people caught in this system have been advised by local
authority staff that there is an informal amnesty on using out of date badges pending
reassessment despite the fact that:
 the person would be committing a criminal offence by using an out of date blue
badge
 even if such an amnesty were applied in the person’s home local authority, the
badge would be unusable in another area.
We are extremely concerned a large number of people could be at serious risk of
prosecution and / or confiscation through no fault of their own. We would welcome an
investigation into local authority renewal times before any confiscation measure were
introduced.
Parkinson’s UK welcomes the consultation document’s acknowledgement of concerns
about unintended breaches of the scheme due to lack of awareness of the rules, and
the risks of penalising badge holders for unscrupulous third party abuse of the badge.
However, the examples of sensitive enforcement provided arise in a context where
there are no powers to confiscate. It is not clear what impact the proposed new powers
might have on sensitivity of enforcement.
If confiscation were to be introduced, national guidance will be essential to eradicate
local variation. This should stipulate that confiscation powers will only be used in the
most extreme cases.
Question 3: Do you think local authorities should have the power to appoint
persons (other than Parking Attendants in uniform) to examine and/or confiscate
suspect Blue Badges as a result of their investigations?
Parkinson’s UK has considerable concerns about this proposal, as it could lead to
confusion if legitimate badge holders are challenged by people who are not police
officers or uniformed traffic wardens / parking attendants.
While these enforcers would carry identification, we think that there is a risk that
legitimate badge holders would find it even more stressful to be challenged by someone
in plain clothes, even if identification were offered.
We can see how non-uniformed investigators could have a role in investigating
potential cases of fraud, but would prefer that they were able to work alongside
uniformed colleagues as in the Edinburgh example.
Question 4: Do you think that local authorities should have the power to cancel
Blue Badges that are lost or stolen?
Yes.
Question 5: Do you think that a new offence of displaying a cancelled badge
should be created?
Yes.
Design Specifications
Question 6: Do you agree that the requirement to publish in regulations the
detailed specification for the Blue Badge should be removed?
Yes.
Appeals against eligibility decisions
Question 7: Is there a need for a statutory process of appeal for a Blue Badge?
Parkinson’s UK strongly supports the development of a statutory appeals process for
Blue Badges. We are very concerned that some Scottish local authorities have not
developed an appeals process as recommended in the guidance.
Our Information and Support Workers have become involved in a number of cases
where people with Parkinson’s have been refused a blue badge, and there has not been
a formal and transparent process to appeal the decision. In light of the central
importance that disabled people, including people with Parkinson’s, attach to a Blue
Badge, we believe that there should be a right to appeal a decision.
Question 8: If you consider that a statutory appeals process is necessary. What
format should this take?
Parkinson’s UK does not have a proposal for the appeals process, but believe that it
should be consistent, independent and transparent.
Equality
Question 9: Does the proposed Bill have any substantial positive or negative
implications for Equality Groups?
Parkinson’s UK has some concerns about issues for people with invisible and
fluctuating disabilities as outlined above.
We would like to highlight how the recent changes to the scheme have hit older people.
Parkinson’s affects adults of all ages, but it is most common amongst older people.
Older people who have not previously been awarded DLA have to complete a lengthy
application for a Blue Badge, even if they are making a repeat application after holding
a badge for many years. People have told us that the form is a major barrier to
application. As older people have to go through the full application process, they are
more likely to need to appeal, so a statutory appeals process will particularly benefit
older people.
Resources
Question 10: What is your assessment of the likely financial implications (if any)
of the proposed Bill?
General
Question 11: Do you have any other comments or suggestions relevant to the
proposals?
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