Dear Auntie,
Can a LA refuse to issue a Blue Badge to a person, who qualifies on a number of grounds for a BB. The refusal is based on the decision made by the Care workers that the applicant I bed bound and will not be physically able (unless by Ambulance) to leave the care site?
The person who has power of attorney for BB applicant has submitted along with proof a BB request for renewal. The BB applicant has been bed bound for a number of years. Social care has stopped the process on the above grounds stating “potential misuse” as their reason.
Are we as a LA able to do this? I can see where the Social care team are coming from but we have nothing on system to suggest the BB held previously was misused. I support the decision in principal but is it lawful?
A Worried Investigator.

Dear Investigator,
What a cracking question!
Under regulation 8 of the 2000 Regulations (SI 2000/No 682) (as amended by (SI 2011/2675)), a local authority may refuse to issue a Blue Badge for a number of reasons ; this includes a case where :
… d. the local authority has reasonable grounds for believing that the applicant … would permit another person to whom the badge was not issued to use the badge.
Consider this :
1. The person for whom the application is being made is, in principle entitled to a badge.
2. The only use of the badge that is lawful would involve the person potentially entitled being present in the vehicle or being collected by the vehicle.
3. The social care team are prepared to state unequivocally that the person potentially entitled can only travel by ambulance ; an ambulance does not require a blue badge!
4. It follows that the person (on whose behalf the application is being made) would be unable to use the badge, nor would another be able lawfully to use the badge on their account.
5. This means that, in any circumstances where the badge was to be used, the holder would have to have given permission for another person to whom the badge was not issued to use it. (The exception to this would be if the badge had been stolen/lost and was being misused.)
6. Following that logic (that any use would have to be unlawful), this follows that the only reason for applying would be in order to allow someone else to use it. Reg 8(d) is thus engaged and the refusal lawful.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/519091/blue-badge-scheme-local-authority-guidance-paper.pdf page 36
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