Agenda item

[Report of the Director of Environment and Neighbourhoods. To be introduced by the Cabinet Member for Neighbourhoods.]

This report sets out the case for Dedicated Disabled bays and the introduction of a formal appeals process for rejected disabled bay applications.  This report also informs Cabinet of changes to the Disabled Blue Badge Scheme.

The Cabinet Member for Neighbourhoods introduced the report which sought approval to: the introduction of Dedicated Disabled Parking Bays in the borough, a change in eligibility criteria for Disabled Parking Bays and introduction of an appeals process for unsuccessful Disabled Parking Bay applications.

The Cabinet Member for Neighbourhoods thanked disabled residents who had made representations and had drawn attention to the inequalities of current policies for disabled parking in the borough and also for their participation in the Scrutiny Review of blue badges, underlining the right of disabled residents to live life as independently as possible.

The Cabinet Member gave assurance that the report and its recommendations were the first steps to taking forward these changes, acknowledging that there was still more for the Council to do, to ensure the policies were as fair and accessible as possible. Councillors would continue to consider evidence and best practice at Scrutiny on: implementing the policy on dedicated disabled bays, the change in eligibility criteria for disabled parking bays and the proposed appeals process.

The Cabinet Member continued to draw attention to the change in the Disabled Bay eligibility criteria which would contain a mobility assessment, meaning that entitlement criteria would not solely consider disabled residents that were accessing disabled benefits. This would help resolve the discriminatory element of the scheme.

Furthermore, the introduction of dedicated disabled bays would allow disabled residents with existing disabled parking bays to convert them into dedicated bays. These changes would help disabled residents better access their homes and their independence.  At the  moment some  disabled residents living near  local amenities or  train stations  were  encountering daily issues accessing their homes , medications and  toilet facilities, if their bay was in use. Therefore, the introduction of these dedicated bays would have life changing effects. Disabled residents with an existing allocated bay would be prioritised and would need to resubmit their application as part of the ‘Opt in’ approach described in the report. This change would also mean that future new applications for a disabled parking bay would allow installation of a dedicated bay outside the resident’s home or work place for sole use by them.

The changes to these policies took account of Blue badge holders being able to park for free in the borough as  dedicated bays were felt to be vital for disabled people with access issues to their home.

The Cabinet Member further expressed that it was important that an appeals process be created for rejected disabled bay applications and it was expected that this appeals process would replicate the process for rejected blue badge applications.

Also changes to the blue badge scheme, as outlined in paragraph 6.1.6, would also need to be taken forward to encompass changes required by the DFE on hidden disabilities.

The Cabinet Member continued to thank officers who had worked hard to re-profile the Highways budget allowing these proposals to come forward and to include a dedicated officer allocated to implementing these policy changes. She further thanked the Environment and Community Safety Scrutiny panel for their in-depth review and for helping shape these new policies from a user perspective.

In response to questions from Cllr Bull, Cllr Brabazon, Cllr Hearn and Cllr Morris, the following information was noted:

• There would be a dedicated resource to take on the growing issues associated with disabled bays such as underused bays and ensuring residents with hidden disabilities were able to access this provision. It was further noted that, as the staffing structure was refreshed, there would be a permanent post allocated which would be subject to the same considerations of any permanent post in a local authority. The Parking service fully recognised the need for this post and would build this into the structure of the team.

• In relation to maintaining independence, the appeals process would likely be drawn up through two phases of work. The first phase would involve the service considering the consensus view on the appropriate practice. In the second phase, the Scrutiny panel review would continue to provide guidance on the shape of this particular policy.

• It was envisaged that the existing routes for reporting parking issues would need to be accessed to report illegal parking in a dedicated disabled bay. Also introduction packs to the dedicated bays could include appropriate information on how to report such incidents.

• The cost of implementing the new policies was based on the estimate that there were 2800 disabled parking bays in the borough with the potential for conversion to a dedicated disabled bay. This  was an over estimate  which took into consideration that not all residents with a disabled parking bay will ‘opt’ in to have their bays dedicated and took account of changes to the Blue badge scheme in relation to the hidden disabilities criteria which will  likely cause an increase in  disabled bay applications.

• In relation to increasing generic disabled bays, it was noted that blue badge holders were able to park in all parking schemes in the borough and consideration would be given by the project manager to the number of increased generic disabled parking bays and their locations.

• It was noted that blue badge holders could be advised, at their renewal stage, on the new availability of dedicated disabled bays. Also the project manager was expected to factor in communication of the new dedicated disabled scheme in their project plan. They would be exploring the best way to contact disabled residents to let them know of this right.

• It was noted that no highways project would be withdrawn to fund the cost of this scheme. Careful assessment of the highways capital projects schemes had identified those capital projects that could be re- profiled and re- prioritised to allow this important scheme to come forward.

RESOLVED

              i.        To approve the introduction of Dedicated Disabled Parking Bays pursuant to paragraphs 6.3-6.8 of this report.

            ii.        To approve the change in eligibility criteria for Disabled Parking Bays pursuant to paragraph 6.10 of this report.

           iii.        To approve the Introduction of an appeals process for unsuccessful Disabled Parking Bay applications pursuant to paragraph 6.13 of the attached report.

           iv.        To approve delegation to the Director of Environment and Neighbourhoods authority, in consultation with the relevant Cabinet Member, to publish a revised policy to give effect to recommendations 3.1 (i) to (iii) above.

            v.        To approve the establishment of a Dedicated Disabled Bay/Blue Badge capital scheme within the approved capital programme.

           vi.        To approve a Capital Budget Virement from the Borough Roads capital scheme contained within the approved capital programme for 2019/20, into Disabled Bay/Blue Badge capital scheme for the amount of £0.38m to meet the estimated costs associated with the recommendations in this report.

          vii.        To note the changes to the eligibility criteria for Blue Badges as set by the Department for Transport (DfT), described in paragraphs 6.17 to 6.21 of this report.

Reasons for decision

Haringey has a statutory duty to install disabled parking bays. At present those bays may be used by any Disabled Blue Badge holder. These bays are introduced in town centres and other areas of general interest as well on streets where requested by residents who meet the established criteria. Residents are not charged for this service. There are increasing levels of complaints from residents in areas with high parking demand that they cannot access the disabled parking bay installed for their use due to other Blue Badge holders using it.

In addition, our current eligibility criteria for Disabled Bays, as is the case with many London Boroughs, is based on the automatic entitlement for the Disabled Blue Badge and involves, in the main, entitlement to disability benefits. Many of our residents with Blue Badges still need Disabled Parking Bays due to their disability but fall outside of this automatic entitlement. Should their application be rejected, there is currently no formal appeals process for their application to be reconsidered.

As per Recommendation (3.1iv) approval is therefore sought to introduce Dedicated Disabled Parking Bays, which will be provided for the sole use of the applicant, with proposed new eligibility criteria when considering applications and the introduction of an appeals process, where applications have been refused.

Alternative options considered

The service considered remaining as it is, but this was not deemed appropriate due to the lifeline, that disabled parking offers those with severe mobility issues. The Council has a statutory obligation to provide disabled parking bays and we need to ensure that this is done in a manner that is meaningful and meets the requirements of disabled people.