Council breaking disability ad equality laws.
Discussion
Having a difference of views with a local authority over the issuing of temporary parking permits to two disabled drivers. Blue badge holders.
Despite issuing them, in the past I have encountered an obstructive and potentially bloody minded beaurocrat who is refusing to issue them, even though the council has done so in the past.
It appears she is making up "rules" I have asked for a copy of these rules so I can fully understand their decision. I don't think there are any rules and belive she was just making s
t up.Having done a bit of digging - on the council's own web site - it appears these rules if they exist go against their own policies on disability discrimination and that they also go against a couple of acts of parliament to do with equality and discrimination of the disabled and of those associated with them.
How do I go about reporting what I think is a case of the law being broken?
OP your profile says Dumfries and Galloway, so I'm assuming that's the Council you have issue with.
Their web page on Blue Badge entitlement seems pretty comprehensive.
http://www.dumgal.gov.uk/index.aspx?articleid=2166
What information is it that's missing?
Their web page on Blue Badge entitlement seems pretty comprehensive.
http://www.dumgal.gov.uk/index.aspx?articleid=2166
What information is it that's missing?
North Tyneside Council website said:
The Council recognises that on occasions it may be necessary for some vehicles to be parked adjacent to properties governed by waiting restrictions.
If it is considered essential that the vehicle must be parked nearby then, in certain circumstances, we will by the issue of a dispensation, a vehicle or vehicles to park lawfully in what otherwise would be a contravention of a Traffic Regulation Order.
As a corollary of the above and to deal with traffic flow needs, maintenance/ works or special events it will also from time to time suspend parking places either in total or for the purpose of reserving those places for particular vehicles and/or applicants.
The purpose of this Section is to give guidance on how to apply for either a dispensation or suspension notice and the grounds under which they will be considered.
http://www.northtyneside.gov.uk/browse.shtml?p_subjectCategory=770If it is considered essential that the vehicle must be parked nearby then, in certain circumstances, we will by the issue of a dispensation, a vehicle or vehicles to park lawfully in what otherwise would be a contravention of a Traffic Regulation Order.
As a corollary of the above and to deal with traffic flow needs, maintenance/ works or special events it will also from time to time suspend parking places either in total or for the purpose of reserving those places for particular vehicles and/or applicants.
The purpose of this Section is to give guidance on how to apply for either a dispensation or suspension notice and the grounds under which they will be considered.
The 'rules' on the granting of a parking dispensation are here in this section, but the granting of any dispensation would appear to be discretionary.
http://www.northtyneside.gov.uk/browse.shtml?p_sub...
Council website said:
A dispensation authorises a vehicle (or vehicles) to park in contravention of a Traffic Regulation Order. It allows parking where alternative arrangements cannot be made for the following principal reasons:
Loading/ unloading where this activity is either normally prohibited or the permitted period is insufficient; or
Situations where alternative arrangements would be unsatisfactory.
A dispensation does not permit general 'parking'. It does not allow the vehicle to remain in the restricted/prohibited area once the dispensation purpose has been fulfilled. At that time the motorist is required to park elsewhere and lawfully.
Based on the above qualifications, dispensations can be issued for:
Furniture removals
Building/ maintenance/ repair works where close proximity to the site is essential
Goods deliveries in respect of which it is reasonable to allow longer than that normally permitted by the regulations
The hearse and chief mourners' vehicles at funerals
Vehicles essential to filming operations
Other circumstances in which the Council may reasonably regard the requirement to be essential.
Dispensations will not be issued for:
Applications where parking may adversely affect disabled/ doctors/business bays, taxi ranks, bus stops or tram movement
Applications where loading restrictions are in place if the dispensation is requested during the restricted period(s)
Locations within 50 metres of a signal controlled junction, the entry/ exit pedestrian crossing marking, on a footway and/or other locations where parking may cause danger to pedestrians and road users, serious obstruction / traffic flow impediment
Requests where there are doubts concerning the validity of the application
Applications in respect of vehicles where dispensations have been issued more than twice within the four weeks before the date of the application. Officers have discretion to vary this ban if it is considered it is otherwise reasonable to approve the application.
Applications should be received at least 3 working days before the required date to enable the Council to inspect the site if felt necessary before approval is given.
However, officers have discretion to deal with more urgent applications if it is reasonable to do so.
There would appear to be no obligation at all for the Council to issue a discretionLoading/ unloading where this activity is either normally prohibited or the permitted period is insufficient; or
Situations where alternative arrangements would be unsatisfactory.
A dispensation does not permit general 'parking'. It does not allow the vehicle to remain in the restricted/prohibited area once the dispensation purpose has been fulfilled. At that time the motorist is required to park elsewhere and lawfully.
Based on the above qualifications, dispensations can be issued for:
Furniture removals
Building/ maintenance/ repair works where close proximity to the site is essential
Goods deliveries in respect of which it is reasonable to allow longer than that normally permitted by the regulations
The hearse and chief mourners' vehicles at funerals
Vehicles essential to filming operations
Other circumstances in which the Council may reasonably regard the requirement to be essential.
Dispensations will not be issued for:
Applications where parking may adversely affect disabled/ doctors/business bays, taxi ranks, bus stops or tram movement
Applications where loading restrictions are in place if the dispensation is requested during the restricted period(s)
Locations within 50 metres of a signal controlled junction, the entry/ exit pedestrian crossing marking, on a footway and/or other locations where parking may cause danger to pedestrians and road users, serious obstruction / traffic flow impediment
Requests where there are doubts concerning the validity of the application
Applications in respect of vehicles where dispensations have been issued more than twice within the four weeks before the date of the application. Officers have discretion to vary this ban if it is considered it is otherwise reasonable to approve the application.
Applications should be received at least 3 working days before the required date to enable the Council to inspect the site if felt necessary before approval is given.
However, officers have discretion to deal with more urgent applications if it is reasonable to do so.
Edited by sparkythecat on Thursday 12th March 19:29
That is brilliant thank you!
The woman refused the application on the grounds that I had asked for and used two permits previously. But this was longer than the four weeks mentioned above. I specifically asked her if there was a limit on the number of passes and time. She clearly said that there is no time limit. Ie. You get two passes and no more EVER no matter how long you live at a property. So if for example we had two passes issued in 1990 that would be it, no more. I queried this?
I also asked her if the above is the case that she perhaps use discretionary powers to grant permits bearing in mind two people with mobility issues will have severe problems. She told me that she had no discretionary powers.
Some useful ammunition there. I emailed her boss and his deputy yesterday and have had no reply to my request for clarification. I impressed upon him the urgency of the situation. Relatives coming to stay this weekend. I've a feeling hell be a and drag his heels not giving it his attention until next week.
All I am asking for is a simple code that can be written on a piece of paper and put in a windscreen. Valid for 48 hours. The woman could have given me these codes with no fuss. It's caused unecessary stress to a nice old man of 83 who wants to come and spend a family weekend with his new great grand daughter (Not ours) with his disabled wife.
Nasty "Compuah says Nah" council lady.
I may be able to get round some of this with the help of neighbours. Nothing's guaranteed though.
I really appreciate the link.
The woman refused the application on the grounds that I had asked for and used two permits previously. But this was longer than the four weeks mentioned above. I specifically asked her if there was a limit on the number of passes and time. She clearly said that there is no time limit. Ie. You get two passes and no more EVER no matter how long you live at a property. So if for example we had two passes issued in 1990 that would be it, no more. I queried this?
I also asked her if the above is the case that she perhaps use discretionary powers to grant permits bearing in mind two people with mobility issues will have severe problems. She told me that she had no discretionary powers.
Some useful ammunition there. I emailed her boss and his deputy yesterday and have had no reply to my request for clarification. I impressed upon him the urgency of the situation. Relatives coming to stay this weekend. I've a feeling hell be a
and drag his heels not giving it his attention until next week.All I am asking for is a simple code that can be written on a piece of paper and put in a windscreen. Valid for 48 hours. The woman could have given me these codes with no fuss. It's caused unecessary stress to a nice old man of 83 who wants to come and spend a family weekend with his new great grand daughter (Not ours) with his disabled wife.
Nasty "Compuah says Nah" council lady.
I may be able to get round some of this with the help of neighbours. Nothing's guaranteed though.
I really appreciate the link.
No. after two emails I got a response from the boss of the department telling me it wa my fault and that its not heir job to issue temp passes.
The guy doesn't grasp the fact that his people appear to make st up when you call them.
He did tell me I could buy an emergency pass.
The imbecile I spoke to in the initial phone call was apparently the person I need to contact to get this. So why the weeping fk didn't she offer this as a solution?
I will move my cars into a non permit area tomorrow early.
I have spoken to a disabled rights charity that deals with motoring issues. At the very least I'm going to roust these idiots out for telling me direct lies and not offering the solution to buy a temporary permit.
My take, complacent tea drinking local government employees in easy street. I hope I'm going to put them under the spotlight and have what they do and how they do it examined.
Mistakes and incompetence are oe thing. Discrimination. Well looking at this it would be hard to prove. Telling lies which appears they have done, well that is something I need to persue.
Anyone know how I go about taking this further?
The guy doesn't grasp the fact that his people appear to make s
t up when you call them.He did tell me I could buy an emergency pass.
The imbecile I spoke to in the initial phone call was apparently the person I need to contact to get this. So why the weeping f
k didn't she offer this as a solution?I will move my cars into a non permit area tomorrow early.
I have spoken to a disabled rights charity that deals with motoring issues. At the very least I'm going to roust these idiots out for telling me direct lies and not offering the solution to buy a temporary permit.
My take, complacent tea drinking local government employees in easy street. I hope I'm going to put them under the spotlight and have what they do and how they do it examined.
Mistakes and incompetence are oe thing. Discrimination. Well looking at this it would be hard to prove. Telling lies which appears they have done, well that is something I need to persue.
Anyone know how I go about taking this further?
Its on the website
http://www.northtyneside.gov.uk/browse-display.sht...
A follow up email to your local councillor copying in the head of department and people you have already spoken to wouldn't go amiss either imo
http://www.northtyneside.gov.uk/browse-display.sht...
A follow up email to your local councillor copying in the head of department and people you have already spoken to wouldn't go amiss either imo
wildcat45 said:
No. after two emails I got a response from the boss of the department telling me it wa my fault and that its not heir job to issue temp passes.
The guy doesn't grasp the fact that his people appear to make st up when you call them.
He did tell me I could buy an emergency pass.
The imbecile I spoke to in the initial phone call was apparently the person I need to contact to get this. So why the weeping fk didn't she offer this as a solution?
I will move my cars into a non permit area tomorrow early.
I have spoken to a disabled rights charity that deals with motoring issues. At the very least I'm going to roust these idiots out for telling me direct lies and not offering the solution to buy a temporary permit.
My take, complacent tea drinking local government employees in easy street. I hope I'm going to put them under the spotlight and have what they do and how they do it examined.
Mistakes and incompetence are oe thing. Discrimination. Well looking at this it would be hard to prove. Telling lies which appears they have done, well that is something I need to persue.
Anyone know how I go about taking this further?
As others have said -local councillor. but first, I'd give the boss of the department one last chance ( not mentioning councillor of course) to explain, by e mail. Then if not satisfied ,reply to tell him you are not satisfied, with a copy of his reply, and CC to local councillor. Works a treat for our council. House repairs often get lost, so I e mail them in,and if no reply within say 10 days, send in a copy. No reply - 10 days later I send both copies back in ,this time CC councillor. Nasty - not according to our councillor,he'd even suggested if talking to some one in the office, get a name, for his reference. The guy doesn't grasp the fact that his people appear to make s
t up when you call them.He did tell me I could buy an emergency pass.
The imbecile I spoke to in the initial phone call was apparently the person I need to contact to get this. So why the weeping f
k didn't she offer this as a solution?I will move my cars into a non permit area tomorrow early.
I have spoken to a disabled rights charity that deals with motoring issues. At the very least I'm going to roust these idiots out for telling me direct lies and not offering the solution to buy a temporary permit.
My take, complacent tea drinking local government employees in easy street. I hope I'm going to put them under the spotlight and have what they do and how they do it examined.
Mistakes and incompetence are oe thing. Discrimination. Well looking at this it would be hard to prove. Telling lies which appears they have done, well that is something I need to persue.
Anyone know how I go about taking this further?
You'll always find that those genuinely deserving of a blue badge get all the questions and red tape nonsense. Those that shouldn't have them or are using a dead relative or friends badge never get questioned.
We have a few disabled spaces directly outside my work. I'd say that about 70% of those that use it and stick a blue badge in the window have no trouble walking in and carrying heavy things to the checkout unaided.
We have a few disabled spaces directly outside my work. I'd say that about 70% of those that use it and stick a blue badge in the window have no trouble walking in and carrying heavy things to the checkout unaided.
Speak to your MP as well, they are brilliant at this sort of thing usually!
http://www.theyworkforyou.com/
http://www.theyworkforyou.com/
Having had time to digest this their argument is that temp
Passes are there to cover emergencies or people who just move in. They are not for visitors. They say because I have not applied for parking permits for my cars - I don't need them as I have off street parking - that I should have applied for a visitor pass. Which everyone gets if they apply.
The fact is I didnt. The fact is that the woman in the phone could have offered to sell me a temp pass but she didn't do this. Instead she just made st up about not having discretionary powers etc.
I considered involving my local councillor but seeing as I have sought her help with a couple of local issues of late I don't want to be branded a Vuctir Meldrew type serial complainer.
I have yet to respond to the Parking bosses email. I want to and thanks for the link to the complaints section of the site. Even if a complaint goes no-where I think it would be useful to do it just to shake these lazy complacent buggers up a but. I get the impression it's a little world they live in at the town hall and a spotlight on them for a few weeks as the complaint process progresses will potentially result in a rethink to the way they do things and perhaps a couple of unofficial bkings about the way situations like this are dealt with.
A nasty little incident which did take the shine off a family occasion.
Passes are there to cover emergencies or people who just move in. They are not for visitors. They say because I have not applied for parking permits for my cars - I don't need them as I have off street parking - that I should have applied for a visitor pass. Which everyone gets if they apply.
The fact is I didnt. The fact is that the woman in the phone could have offered to sell me a temp pass but she didn't do this. Instead she just made s
t up about not having discretionary powers etc. I considered involving my local councillor but seeing as I have sought her help with a couple of local issues of late I don't want to be branded a Vuctir Meldrew type serial complainer.
I have yet to respond to the Parking bosses email. I want to and thanks for the link to the complaints section of the site. Even if a complaint goes no-where I think it would be useful to do it just to shake these lazy complacent buggers up a but. I get the impression it's a little world they live in at the town hall and a spotlight on them for a few weeks as the complaint process progresses will potentially result in a rethink to the way they do things and perhaps a couple of unofficial b
kings about the way situations like this are dealt with. A nasty little incident which did take the shine off a family occasion.
Edited by wildcat45 on Tuesday 17th March 19:36
If you believe you have been discriminated against on the grounds of disability contact the EASS after going through the Advice and Support screen as part of their Help facility:
https://www.equalityadvisoryservice.com/app/help
https://www.equalityadvisoryservice.com/app/help
Edited by davep on Wednesday 18th March 17:24
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