DfT Consultation on:

Personal Independence Payment

and eligibility for a Blue Badge

Prepared by: Carol Thomas, Access Design Solutions UK Ltd

For: Carl Freeman, Guide Dogs

Final draft: 25 September 2012

Previous drafts:

First draft: 14 September 2012

Sent to: Carl Freeman, Andrea Gordon, Guide Dogs

Andrew Kaye, Andy Pike RNIB

Comments and input added in to final draft.

Response cover and Guide Dogs/RNIB standard intros to be inserted

Consultation questions

1. What do you think should be the eligibility criteria for a Blue Badge?

The Blue Badge should be available to people who would not be able to reach their destination, or to do so safely and reliably, without the parking concession provided by the Blue Badge. This would be consistent with the PIP mobility assessment.

1a Do you think the Blue Badge scheme should be available for people with a mental health condition, intellectual or cognitive impairment but who are able to walk? Please explain your reason.

The Welsh Government Consultation states that “One of the priorities in the Action Plan for Modernising the Blue Badge Scheme is to extend the scheme to people with severe cognitive impairments.” This is based on recent research undertaken on behalf of the Welsh Government which determined that there is a need for a badge for people with severe cognitive impairments[i].

This has not been referenced in the DfT consultation so potentially there could be a situation where people can obtain a Blue Badge in Wales but not if they live over the border in England. While recognising that this is a devolved issue, nevertheless it would be confusing and frustrating for those who miss out on a badge because they live in England. Has the Welsh research been considered by the DfT?

1b Do you think the Blue Badge scheme should be targeted at people who are unable to walk or have very considerable difficulty walking? Please explain your reason.

This should be a criterion but not the only one. To be able to reach the destination safely and reliably should also be criteria, consistent with proposed assessment under PIP.

The automatic eligibility of blind people must not be affected by this proposal, as confirmed by the Minister. See answer to Q2a for more detail on this.

The views of society and government on ‘disability’ have moved on since the blue (orange) badge scheme was first introduced. As set out in ‘Improving the life chances of disabled people’ (2005), and subsequent government policies and publications, the needs of people with sensory and cognitive impairments are more understood and considered now.

While the Blue Badge scheme was originally mainly aimed at people with considerable difficulty walking – and of course we agree that the Blue Badge remains vital for this group, - it is increasingly recognised that there are other groups for whom the parking concessions of a Blue Badge would enable them to reach premises, and participate in activities, that may otherwise not be possible. This may have a significant impact on their lives and help to reduce the exclusion and isolation experienced by some blind and partially sighted and other disabled people.

1c Do you think that there should be both automatic eligibility criteria and criteria that require further assessment and consideration? Or do you think that all applicants should be assessed on the same basis?

Automatic eligibility reduces the stress on applicants, and the costs for Local Authorities assessing and providing the Blue Badge. However as this may miss some people who require a Blue Badge the opportunity to apply with assessment should also remain. The assessment criteria should be clear and consistent to avoid any postcode lottery.

2 What are your views on Option 1 – no legislative link between Blue Badge eligibility and PIP?

2a Do you think that everyone between the ages of 16 and 64 should apply directly for a badge to a local authority under the ‘with further assessment’ criteria? Please explain your reason.

No, for the following reasons:

·  People who are registered blind are currently automatically eligible for a Blue Badge. Norman Baker, Minister for Transport, has confirmed that “the current eligibility criterion for those people who are registered blind will remain and will be unaffected by the proposals in the current consultation.” (Source: House of Commons - Commons Written Answers Date: 05.09.12)

This is stated in several places in the consultation document, but is not explicit as in other places the document could be read as though this current automatic eligibility will stop. This is likely to cause confusion and unnecessary concern and distress among blind people. This lack of clarity probably led to the parliamentary question. It is essential that the DfT is clear and explicit on this in any future publicity.

A blind person who is currently eligible for a Blue Badge should not be disadvantaged by the transition to PIP, and blind people in the future who would have been eligible under the current rules should also continue to be eligible.

·  People who have already undergone onerous assessments for PIP and been awarded the enhanced mobility rate should not have to complete yet another assessment to get a Blue Badge.

·  While there is guidance for local authorities on who should be awarded a Blue Badge, it is guidance only. This could lead to a postcode lottery where disabled people may or may not get a badge depending on where they live.

·  There would be costs to a LA of assessing a considerable increase in applications. There may also be a time factor – without additional staff disabled people are likely to have to wait longer for a Blue Badge with consequent implications for their mobility as well as additional uncertainty and stress.

2b If this option is taken forward, who do you think will be affected in that they will no longer be automatically eligible for a badge? Do you think that they would be eligible under the ‘with further assessment’ criteria?

This is difficult to answer with any certainty. If the ‘with further assessment’ criteria encompassed the current automatic eligibility criteria and the current further assessment criteria then in theory people who are currently eligible would continue to be so, except for those people with temporary mobility issues. However as further assessment criteria are governed by guidance interpreted by Local Authorities there may be variations across the country; and of course a significant increase in stress on applicants.

2c How many people do you think will be affected by this option in terms of their eligibility?

The DfT should be able to assess this using current figures from Local Authorities.

2d Do you think this option should be extended to people under 16 and over 65 years of age so that they too would apply under the ‘with further assessment’ criteria? Please explain your reason.

No. For similar reasons to 2b

People who are over 65 may be more affected than people of working age by the uncertainty and stress of having to apply and be assessed for a Blue Badge, in addition to other required assessments. Research by Cardiff University found older people are less likely to register as blind or partially sighted people[ii], and thus not automatically be eligible as a blind person for a Blue Badge. A similar effect may apply to applications for a Blue Badge as increasing age and the stress of having to apply and be assessed, plus the difficulty of obtaining information in an accessible format and requiring assistance to complete applications, may put them off.

3 What are your views on Option 2 – establishing a legislative link between Blue Badge eligibility and the enhanced mobility component of PIP?

We consider there should be a legislative link. However, as the consultation paper acknowledges, the UK Government has not yet published its final PIP proposals, so our comments relate to the current draft of PIP criteria.

A joint submission from the visual impairment sector on the ‘Personal Independence Payment: assessment criteria with thresholds’ consultation (April 2012) sets out our concerns on the latest proposals for PIP. This is attached as an appendix.

3a Do you think that everyone who receives the enhanced mobility component of PIP should be automatically eligible for a Blue Badge? Please explain your reason.

We agree in principle that PIP awards should be linked to automatic eligibility for a Blue Badge.

Setting aside our concerns about PIP; people who have already undergone onerous assessments for PIP and been awarded the enhanced mobility rate should not have to complete yet another assessment to get a Blue Badge. If you have been assessed and deemed to qualify for the enhanced mobility component of PIP this should be sufficient to be eligible for a Blue Badge, rather than have to undergo multiple assessments or have a different threshold for Blue Badge.

The merits of this option include less stress on disabled people who have already undergone assessments for PIP, and lower assessment related costs for Local Authorities.

The automatic eligibility for blind people should remain alongside this (as in the stated intention of the DfT, confirmed by The Minister); and the option of applying under ‘with further assessment’ should also remain.

3b If this option is taken forward, who do you think will be affected in that they will become automatically eligible for a badge?

Those assessed under PIP as having enhanced mobility requirements who would not have automatic eligibility under other criteria.

This may include some blind people who are currently eligible to register as blind (and thus automatically eligible for a Blue Badge) but who have not registered. An RNIB commissioned review covering the UK[iii] [Tate et al, 2005] suggested between 80 to 90% of people who are eligible to register are actually registered. This is confirmed by recent RNIB research published in 2012: "The Certification and Registration Processes: Stages, barriers and delays"[iv] provides evidence on the numbers of people with sight loss who are not registered (and thus miss out on automatic eligibility for a Blue Badge). Another piece of research commissioned by RNIB and published in 2012 [v]compared the number of people newly certified as severely sight impaired and sight impaired (CVI), with the number of people newly on the register of blind and partially sighted people for the year ending 31 March 2011. This study found that 22,501 CVIs were issued while 20,960 people registered. An exact match is not expected because there is often a time lag between certification and registration, however this also suggests some people who are eligible to register do not do so. There may be several reasons for not registering as outlined in the 2010 Minister of Care Services publication of a review of information and practice needs for people with sensory impairments in England.[vi]

Some of the non-registered blind people might use the PIP route to obtain a Blue Badge. In addition people registered as partially sighted are not automatically eligible for a Blue Badge but may be able to obtain a Blue Badge via the PIP system if assessed as having enhanced mobility requirements.

There is in practice overlap between entitlement to registration as blind (severely sight impaired) and partially sighted (sight impaired). Additionally, registration does not take full account of a person’s ability to see in different lighting conditions. Some partially sighted people are able to use their residual vision in normal daylight conditions, but are effectively totally blind at night. Others are able to able to use their residual vision indoors, but are effectively totally blind in bright sunlight or in conditions of glare. Consequently some partially sighted people may be able to use public transport at certain times, or under certain conditions, but not others; and would potentially have the same need for a Blue Badge as those registered blind. We have long campaigned for people certified by a consultant ophthalmologist as sight impaired/partially sighted should have automatic eligibility for a Blue Badge alongside those certified as severely sight impaired/blind.

Guide Dogs Functionality and Needs Report (2008)[vii] found that 18% of vision impaired people said that they were never able to go out by themselves mainly because of difficulties encountered when moving about the pedestrian environment or accessing public transport. The most common form of transport used by blind and partially sighted people is a car driven by a friend or relative.[viii] The Blue Badge would assist their driver to park close to the premises they wish to visit, provide sighted guidance into and out of the premises if needed, and enable the visually impaired person to carry out their independent visit. This would help to reduce the social exclusion and isolation experienced by many in this group.

3c How many people do you think will be affected by this option in terms of their eligibility?

In relation to blind and partially sighted people the numbers involved are relatively small in comparison to the 2.55 million current Blue Badge holders. There are currently approximately 35,570 people aged 16 to 64 registered as blind or severely sight impaired in England[ix] who would have automatic eligibility for a blue badge. There are approximately 32,670 people aged 16-64 registered as partially sighted in England, without automatic eligibility to a Blue Badge, of whom a proportion of those may qualify for a Blue Badge via obtaining the PIP enhanced mobility rate. In addition, there may be a small number of people certified as blind (severely sight impaired) who are not registered and thus do not access a Blue Badge via the automatic eligibility rate, who may have access to a Blue Badge via the PIP enhanced mobility.