Blue Badge Enforcement Policy from 1 June 2014

Blue Badge Enforcement Policy from 1 June 2014

This Enforcement Policy explains our approach to regulatory activity, how we expect to deal with individuals and organisations and what happens when we find misuse, abuse or fraud infringements of Blue Badge legislation. For enforcement to be fair it is important that we are open and clear about the basis on which we take action.

How we focus our service

Hampshire County Council (HCC) is committed to maintaining a robust Blue Badge service where the public will be protected from the impact of Blue Badge misuse, abuse or fraud, particularly those who may be especially vulnerable. The Blue Badge Service is responsible for the following:

·  Issuing of Blue Badges to eligible individuals

·  Issuing Blue Badges to eligible organisations

·  Blue Badge enforcement regarding Blue Badge use

·  Working in seamless partnership with an investigation organisation in order to take further any infringements, as appropriate, through enforcement steps from formal letters through to prosecution

·  Working with HCC Legal Services when prosecution of offences is deemed necessary.

·  Working with District/Borough authorities who actually provide the enforcement officers on the ground

·  Administrating the Blue Badge Improvement System (BBIS) access for all partners

·  Making sure of fairness, whether a Blue Badge holder is internal or external to HCC

We always strive to use advice and formal warnings as the main method of ensuring that people understand and commit to using their Blue Badge responsibly, according to legislation and Department for Transport (DfT) guidance. From a proactive perspective this will take the form of presentations to groups and reactively we will apply principles of proportionality and necessity when dealing with any misuse, abuse, or fraud report.

When we receive an enquiry we aim to respond within 3 working days to phone messages, and 5 working days to letters, e-mails etc. Complex matters may take longer and we will give a full reply or progress report within 15 working days. For full details of our service standards see our Customer Charter.

Issuing Badges

We believe that prevention is better than cure so we apply as robust a Blue Badge issuing process as resource availability allows. We do rely on the honesty of the Blue Badge applicants but also ask for a clear description and proof of their walking difficulty.

·  If we are sure that a person does not qualify then we do not issue a Badge to them and we let them know why

·  If we are unsure because the person’s condition is unique and the information provided difficult to make a decision on then we will call the applicant for clarification

·  If we are unsure that the applicant’s walking difficulty is severe enough to qualify for a Badge then we will ask them to attend an independent face to face mobility assessment (IMA) with one of HCC’s Occupational Therapists – the result of the IMA will inform whether or not to issue a badge

·  If we are sure that a person qualifies we will issue a badge immediately

·  On first refusal the applicant can ask to attend an IMA

·  On refusal after IMA the applicant can ask for the decision to be reviewed. This will be done by an independent Occupational Therapist and the Head of Blue Badge Service.

What you can expect of our staff

You are entitled to expect our staff

·  To be courteous and helpful

·  To identify themselves by name and produce identification if requested

·  To provide a contact point for any further dealings

·  To give clear and simple advice

·  To confirm advice in writing on request, explaining why action is required and over what time-scale

·  To clearly distinguish between what you must do to comply with the law and what is recommended as best practice

·  To minimise the cost of compliance by requiring proportionate action

·  To give you reasonable time to comply (unless immediate action is necessary in the interest of Health, Safety or to prevent evidence being lost)

·  To notify you if the matter is to be reported for legal proceedings

·  In cases of dispute to advise you of the procedure for making a complaint or representations

·  To maintain confidentiality except where we have a legal obligation to disclose information.

Action we take if the law is contravened

When we find a breach of legislation, in the majority of cases we deal with the matter by advice. However, there will always be more serious cases which can only be effectively dealt with in a more formal manner.

Dependent upon the provisions of the particular legislation, we are able to take a variety of actions, including

·  Verbal or written warnings

·  Fixed Penalty Notices and Penalty Notices for Disorder

·  Suspension, seizure of a Blue Badge

·  Simple Cautions

·  PACE interview

·  Prosecution

Where immediate enforcement action is necessary an explanation will be given at the time and confirmed in writing, usually within 5 working days, and always within 10 working days.

Before any enforcement action is taken there will usually be opportunity for a person or organisation to discuss the case. However, when we are considering a prosecution this will be at a formal interview. Where the circumstances would normally justify prosecution but there has been a clear admission of the offence, we will consider offering the offender an option of signing a Simple Caution, depending on the seriousness of the offence.

We will always observe the strict legal Codes on the way investigations are to be conducted and legal action taken.

Where English is not the first language of the representative of the business, we may be able to provide translations of our documents.

In some instances we share an enforcement role with other agencies e.g. Other Local Authorities and Government institutions and in such situations we will share information on our activities with our partner organisations if necessary.

Taking Legal Action

To ensure any action we take is proportionate and targeted only at cases in which action is needed, a number of factors will be taken into consideration, including

·  The seriousness of any alleged offence

·  The value involved

·  The age and vulnerability of consumers affected

·  Any previous history

·  Any statutory defense available

·  Action taken to prevent any recurrence

·  Any explanation offered and, as far as the law allows, the circumstances and attitude of the person or organisation towards compliance and the investigators.

·  What course of action will best serve the community interest

Prosecution is always likely in cases which involve

·  serious offences involving fraud

·  obstruction or wilful non-compliance,

·  deceptive or misleading claims or actions,

·  breaking statutory prohibitions,

·  breaking court orders,

·  where national policies indicates such course of action, or

The decision to prosecute is taken by the Director, Corporate Resources, after a full consideration document has been completed with input from the investigating officer, the Head of Blue Badge Service and the Head of Corporate Customer Services.

Good Enforcement Practice

We endeavour to serve the people of Hampshire by working with the community to ensure a fair issuing process and a robust enforcement process.

All our staff are bound by this policy to ensure we take a consistent approach to our work.

In carrying out our work, we are accountable to the members of Hampshire County Council who are democratically elected to represent the people of Hampshire.

If you have any comments on this Enforcement Policy or would like further information then please contact us.

Telephone - 01962 846010
email

Enforcement Process – See overleaf