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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am looking who knows the DfT's Guideline

Customer Question

Hi,
I am looking for someone who knows the DfT's Guideline for issuing disabled badges. I have been refused even though I have been assessed as being able to walk 30-80 meters but in sever pain (rating 2 out of 2) and ambulations. My specialist says due to degenerative changes taking place in my foot and body I should minimise walking and ambulations. At the same time the council says I do not score 8 points under PIP and therefore not entitled. I thought the Government had changed the rules so that even if someone does not qualify under PIP (which would otherwise make them qualify automatically) they can be entitled to a badge if they are assessed to be in pain/breathlessness. The council says its not enough to be difficult and painful to walk but it must be virtually impossible to walk 80 meters or more!
The council has offered me to go to ombudsman and I wonder if I should get a" legal opinion" based on lates guidelines by DfT.
Thank you for your help.
Freddie
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the relevance of the DfT guidelines please?
Customer: replied 1 year ago.

https://www.gov.uk/government/publications/the-blue-badge-scheme-local-authority-guidance-england

That is the guidelines which although non-statutory, the councils adhere to.

Relevant sections to me are Type 1 ie difficulty in walking for someone who does not achieve 8 points so not automatically entitled but subject to assessment (previously known ad discretionary and abused by many councils so now parameters are hardcoded. Paragraphs 4.5 on.

In my case, the council says its not enough to be in pain or have difficulty in walking but it must be virtually impossible for a person to walk (put one foot i front of another). The council says I can walk 30 to 80 meters but admit I walk in pain and with compensatory movements. Nut the 30-80 meters in the guidelines apply to those who have difficulty in walking without pain and breathlessness. Therefore, to my mind the council is going utterly against its own accepted guidelines.

I have researched into things like Equities Act 2010 which for sure recognizes my disability as substantial. My son is also doing his dissertation in Human Rights and things it will be very wrong of the council to expect someone to walk in pain and ambulation suffering.

I have presented evidence the council for a top podiatric specialist who advises I should walk as little as possible given degenerative changes are taking place in my club foot and body at this age (59) and I should keep my ambulations to minimum. Personally, I am worried because he advises me if I do not listen to him I will have to have metal implants on the side of my foot in few years and that will not be ideal to say the least. So, I posed the question to the council what right their mobility assessors have going against the consultants advice. Surely they are just making what is left of my life unnecessarily worse!

Thank you, ***** ***** mumbled a bit.

Freddie

Customer: replied 1 year ago.
Relist: Answer quality.
The reply had no idea saying what relevance the DfT guidelines has.

Did not even bother to google for the guidelines to see the relevance!

£38 for a sentence of throwing the question back is earning good but dishonest money! I am sorry to say.

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