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ARCHIVE: Review of the Orange Badge Scheme

Introduction

The Orange Badge Scheme was established under the Chronically Sick and Disabled Persons Act 1970. It provides a virtually national arrangement of concessions for disabled and registered blind people regarding on-street parking in England, Wales and Scotland (the cities of London and Westminster and parts of the borough of Camden are not included). Badge holders may also be allowed access to some town centres where vehicle entry is restricted and may have the use of some off-street parking areas free of charge. By allowing badge holders to park closer to their destination, the scheme makes a valuable contribution to promoting social inclusion and to improving quality of life for disabled people.

Disabled people are eligible for the badge if they:

  • receive the higher rate of the mobility component of the Disability Living Allowance (DLA)
  • are registered blind
  • use a vehicle supplied by a Government Department
  • receive a grant towards their own vehicle
  • receive a War Pensioners' Mobility Supplement
  • have a severe disability in both upper limbs, regularly drive a motor vehicle but cannot turn the steering wheel of a motor vehicle by hand, even if that wheel is fitted with a turning knob.

Those criteria constitute the "automatic rights". Additionally, disabled people may be issued with a badge by the local authority if they have a permanent and substantial disability which means they are unable to walk or have very considerable difficulty in walking. These are known as the "discretionary" criteria. In those cases, an applicant's GP may be asked to answer a series of questions to help the local authority determine whether the person is eligible.

The scheme which is administered in England by County, Metropolitan District or Unitary Councils (and in Wales and Scotland by the Unitary Councils) was reviewed in the late 1980's and again in the early 1990's. A redesigned badge and modified concessions were introduced in March 1992.

DPTAC strongly believes in the continued need for the Orange Badge Scheme but is concerned about:

a) the dramatic increase since 1987 in the number of badges which are on issue and, in particular, in the number of discretionary badges;

b) the continuing reported abuse/misuse of the scheme which is undermining the value of the scheme.

The matter is likely to become even more critical as the measures outlined in the 1998 White Paper on transport are developed and implemented and authorities come under even more pressure to issue badges under the discretionary criteria. This report presents an analysis of the current situation and makes recommendations for improving the scheme.

Number of Badges on issue

At 31 March 1987 there were 673,000 Orange Badges on issue in England. By 31 March 1997 this had more than doubled to 1,638,000. However, during this period, the number of cars on the road increased by only 24% and there was no comparable increase in the number of severely disabled people.

In fact, the number of Orange Badges on issue has risen substantiallyevery year since 1987 (see Appendix 1). Of the 1.6 million badges on issue in England as of March 1997 little more than one third were issued as a right; two thirds of all badges were issued under the discretionary criteria and this element is increasing much faster than the as of right.

The changes introduced in 1992 appear to have had no effect on this trend apart from in a few local authority areas - for example, Sandwell, Northumberland, Leicestershire and Kingston upon Thames (see Appendix 2) - where there has been a significant reduction in the number of discretionary badges (53% fewer in the case of Kingston).

Detailed information relating to England regarding the number of "discretionary" badges issued as a percentage of all badges shows remarkable variation. It ranges from 8% in Gloucestershire to 89% in the London Borough of Brent. There is also considerable variation within comparable types of authority, for example, within Metropolitan Districts or among the inner London Boroughs.

In Metropolitan Districts in North England, for example, the number of "discretionary" badges as a percentage of all badges issued to individuals varies from 22% in Knowsley to 87% in Sunderland. In the Shire Counties, the variation is from 47% in Nottinghamshire to 83% in Devon. The inner and outer London Boroughs exhibit similar variations, from 59% in Camden to 87% in Westminster and from 55% in Barking & Dagenham to the 89% previously referred to in Brent.

The number of orange badges on issue compared with the population in a given area also varies considerably. It ranges from 8 per 1000 of the population in Kingston upon Thames to 71 per 1000 in Salford. Once again, there is significant variation in the rate per thousand of the population between comparable authorities. For example, in Metropolitan Districts the range is from 17 per 1000 in Sandwell to 71 per 1000 in Wakefield and Salford.

In order to try to determine why there should be this variation, comparison has also been made between the Department of the Environment, Transport and the Regions figures for the number of cars per thousand of the population in 33 London Boroughs in 1996 and the number of orange badges per thousand of the population in the same boroughs. There is, however, no obvious correlation.

The above analysis suggests that it is difficult to justify any of these variations on demographic, disability or economic grounds. The conclusion is that despite national ground rules, local authorities are interpreting the discretionary criteria differently and are administering the scheme in different ways with varying degrees of strictness. There is also the strong possibility that authorities are reacting to pressure as restrictions on access and parking are intensified.

Abuse and misuse of the Orange Badge Scheme

The second concern of DPTAC and a major factor undermining the value of the orange badge scheme is the widespread view that the orange badge scheme is being abused. Hard and fast evidence is notoriously difficult to obtain and analyse and is therefore rarely collected. However contact with various Police and Highways Authorities and with organisations representing disabled people indicates that there are at least five different ways in which the scheme is being abused:

  • badges being issued to and subsequently used by ineligible people;
  • non-disabled drivers parking illegally in spaces set aside for the use of orange badge holders.
  • non-disabled relatives, partners or friends of bona fide orange badge holders misusing the badge by illegally making use of the parking concessions associated with the badge when the disabled badge holder is not involved;
  • ineligible, non-disabled people securing the use of orange badges; and
  • bona fide orange badge holders misusing the parking concessions offered by the scheme or infringing parking regulations;

The extent of these abuses and the manner in which these can best be combated will differ, but DPTAC believes that a general lack of enforcement has allowed these various forms of abuse to prosper and is devaluing the scheme.

Need for review of the Orange Badge Scheme

In the light of the dramatic rise in the number of badges on issue and the reported abuse of the system which is undermining the value of the scheme, DPTAC believes there is a need to review:

a) the application of the eligibility criteria (particularly the discretionary element)

b) the manner in which applications are handled by local authorities and

c) enforcement issues.

Application of eligibility criteria

Leaving aside blind people and those with certain severe upper limb disabilities, the Orange badge Scheme was devised to help people with very severe walking difficulties. It enables those people to park their vehicles close enough to their desired destination to enable them to work, fulfil their domestic responsibilities and enjoy leisure pursuits.

The Committee believes that many of the people who have now been issued with an OB under the discretionary criteria, should not have been judged eligible. There is a strong suspicion that GPs are still being placed under pressure from patients to support their application for an Orange Badge. In borderline cases, the GP can probably see no reason why they should resist such pressure, particularly when they have no further involvement in the process once they have made a recommendation.

It is the Committee's understanding that the discretionary criteria were primarily intended to cover those people who become disabled over the age of 65 who, consequently, are ineligible for the higher rate mobility component of the DLA. It would follow therefore that, except for one or two exceptions, i.e. those who choose not to claim DLA who would otherwise qualify; and children between the age of 2 and 5, everyone issued with the badge under the discretionary criteria should be over the age of 65. The Committee understands that this is not the case.

With an average of 2 badges being issued under the discretionary criteria for every one issued as of right, it is worth noting that the total number of badges on issue would be reduced by 50% if all local authorities interpreted the discretionary rules in the same way as the stricter authorities.

Local authority handling of the Scheme

The arrangements in the local authorities for processing applications and maintaining the scheme are believed to be contributing to the problem.

In most cases, the responsibility rests with Social Services Departments (in Scotland, the Social Work Department). It is difficult for such departments to refuse an application that is supported by a GP, particularly with the availability of an appeal process to elected member. Since they have no involvement in traffic management and parking control, or in the enforcement procedure, they are also unlikely to have any feel for the impact that their approach has on the credibility of the Scheme itself and on the mobility of severely disabled people.

Since the sole purpose of the Orange Badge scheme is to provide exemptions from traffic management regulations, it would seem more appropriate for local highways authorities (roads authorities in Scotland) to administer the scheme. This is the case in a few authority areas but is the exception to the rule. The obvious parallel is with the issuing of permits for residential parking schemes and other restrictions on vehicular movement.

Some local authorities issue reminders to Badge holders inviting them to renew their Badge, but many others do not. Although the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 provide for immediate return of Orange Badges "on the expiry of the period for which the badge was issued", the Committee is aware of only a few local authorities which call in out-of-date badges. The effect is to encourage abuse of the scheme. Requiring authorities to call in out-of-date badges would reduce the number of badges in circulation.

Where authorities have introduced more stringent handling arrangements the number of badges on issue reduced. In Hillingdon, where GPs have been removed from the system and applicants are interviewed by local authority staff, the number of badges on issue decreased by 39% in the three years between 1993 and 1996.

Enforcement issues and the impact on the mobility of disabled people

It is not always obvious to the casual observer why an individual has been issued with an Orange Badge and this together with the need to observe parked vehicles over a period of time makes it difficult to enforce parking and waiting regulations. With the increase in the number of badges and the incidence of abuse, the Scheme is falling into disrepute both with the general public and bona fide Orange Badge users.

To curb demand for road space by orange badge holders to a manageable level, it is increasingly likely that local authorities will seek to introduce local parking badges. Such schemes seriously undermine the effectiveness of a national scheme and adversely affects the mobility of disabled people from surrounding areas and other visitors who can effectively be barred from accessing neighbouring town centres.

Even if local schemes are not implemented, the demand for orange badge parking can be so intense that disabled people find it difficult to find designated spaces. They are therefore forced to use the concession to park on yellow lines. In some areas, because of the increased use of this concession, highways authorities have then reviewed waiting restrictions and no loading/unloading bans have been imposed in order to prevent such parking. This has further restricted the mobility of badge holders. DPTAC therefore consider it essential that attention be paid to enforcement issues with appropriate action taken on all five areas of abuse outlined above.

DPTAC recommendations

The Committee recommends the following package of measures aimed at reversing the current trends by tackling the issues relating to application of the criteria, administration of the scheme and enforcement:

  • except in exceptional circumstances i.e. those who do not apply for DLA but who would otherwise qualify, the discretionary criteria should only be used in those cases where the applicant is over 65 years of age and would otherwise have qualified for the higher rate mobility component of DLA
  • in order to ensure that badges are only issued to eligible people, a detailed questionnaire should be introduced to assist local authorities in assessing applications made under the discretionary criteria and applicant's GPs should be removed from any direct involvement in the system. Applicants with a completed application form should be interviewed by trained local authority staff. The questionnaire should include questions about mobility both inside and outside the home
    - what activities are accomplished indoors during the week, what activities are accomplished outdoors, away from home, during the week. In addition, the mobility section of the DSS incapacity benefit application form could be relevant and the questionnaire could also include mobility range questions specifically related to well known features of the environment such as multiples of the length of a car, the length of a bus, etc.
  • responsibility in the local authority should be moved to the highways (roads) department (in consultation with the Social Services/Social work Departments). The one department would be responsible for the issue of badges, keeping a register, providing the parking bays and regulating on-street and off-street parking.
  • local authorities should keep adequate records in a form which enables them to send out, at the due date, reminders to people with orange badges advising them that they need to apply for a new badge and that they need to return their old badge when the new one is issued.
  • consideration should be given to requiring local authorities to reassess all applicants every 3 years. Applicants should, for example, have to produce a statement certifying that they still receive the higher rate mobility component of DLA. Meanwhile every local authority should check a proportion of renewal requests to reassess both eligibility under the automatic right criteria (e.g. by checking eligibility with the Benefits Agency) and under the discretionary criteria. Applicants should be advised of this procedure.
  • legislation should be introduced as soon as possible to facilitate the enforcement of the Scheme by allowing badges to be checked.
  • where parking enforcement has been decriminalised, local authorities should instruct traffic wardens to issue tickets to every car not duly displaying a valid Orange Badge in a parking place designated for the use of badge holders only.
  • local authorities should encourage prosecution of those who use an orange badge illegally and publicise all such prosecutions.
  • local authorities should issue a single warning to disabled people who knowingly allow their badge to be used by someone else. If the badge is abused for a second time then it should be withdrawn from the disabled person for a significant period of time.
  • Local authorities should make available comprehensive information to OB holders about the availability of parking bays in their area, charging policies and facilities.

Appendix 1: Number of Orange Badges on issue (1987-1997)

Year

No. of Badges

Increase

% increase

1987

661,000

-

-

1988

778,000

117,000

17.7

1989

912,000

134,000

17.2

1990

961,000

49,000

5.4

1991

1,082,000

121,000

12.6

1992

1,164,000

82,000

7.6

1993

1,252,000

88,000

7.6

1994

1,313,000

61,000

4.9

1995

1,438,000

125,000

9.5

1996

1,493,000

55,000

3.8

1997

1,612,000

119,000

8.0

Appendix 2: Authorities showing reduction in numbers of discretionary badges

Local Authority

1993

1994

1995

1996

1997

% reduction

Sandwell
-
-

3,363
-

2,881

14%

Northumberland

6,635
-
-
-

4,900

26%

Leicestershire
-
-

22,719
-

15,654

31%

Kingston upon Thames
-

1,896
-
-

890

53%