Blue Badge (disabled parking) scheme eligibility consultation – No Automatic eligibility for Autistic People

Blue Badge (disabled parking) scheme eligibility consultation: summary of responses and outcome

Outcome to the Department for Transport’s consultation on proposals to extend Blue Badge eligibility to people with non-physical conditions.

No Automatic eligibility for those scoring 12 points on ‘cannot follow the route of a journey without another person’ criteria means
most ASC people will not qualify for a Blue Badge under new proposals. Allowing only those that score 10 points automatic eligibility, whilst specifically
excluding those that score 12 points, who paradoxically have greater disability, excludes most people with autism who will score either 8 points or 12 points on this question.
The people who score 12 points are those that can access the motability scheme to get a car but they will not be entitled to a blue badge, whilst those who score 10 points can have a blue badge but no Motability car (making the blue badge useless). Simple rules in Scotland and Wales provide automatic eligibility for 12 points under ‘cannot follow the route of a journey without another person’ criteria but not in England under the Conservative Party which exclude those most in need from any help (as usual), whilst of course claiming they will improve the system to help those with invisible disabilities. A change only forced on the government by an anti-discrimination legal court ruling, not through fairness
or compassion.

PART 2 – EXECUTIVE SUMMARY

7. The Department was delighted to receive over 6300 responses to the
consultation and for the time that individuals and organisations took to provide
considered responses.
8. The Blue Badge scheme plays a vital role in allowing 2.4 million disabled
people in England to maintain their independence through special national
parking concessions. Blue Badges enable their holders to visit their families
and friends, and to access jobs, healthcare and leisure activities.
9. Although the Department considers that people with non-physical disabilities
are not excluded from receiving a Blue Badge, a problem arises from the
wording in the regulations providing eligibility for: “a permanent and
substantial disability which causes inability to walk or very considerable
difficulty in walking”. This does not specify whether the disability is physical or
non-physical – and can therefore be either. However there is confusion
around whether this only means physical difficulty in putting one foot in front
of the other or can include difficulties or challenges when walking, including
safety risks, which may arise from non-physical disabilities.
10. The Government wants to ensure that the rules and guidance are clear. It
wants to give parity of esteem to mental and physical health conditions. It
wants a scheme that is sustainable and works for all who are eligible for it,
whatever their disability. It wants it to be fair, consistent, inclusive and nondiscriminatory.
11. We are delighted that 89% of respondents are, in principle, in favour of our
proposals to amend the eligibility criteria. This support applies to all groups –
local authorities 71%, groups representing disabled people 84%, other
organisations 87% and individuals 89%. The main points raised were more to
do with implementation and consequential impacts. There was a call for
clarification of certain terms and the provision of clear guidance so that local
authorities can administer the scheme consistently. There were also concerns
about administration costs for local authorities, the impact on parking, and
abuse of badges.
12. Based on responses to the consultation, the Department continues to believe
that including people who have very considerable difficulty “when walking” as
opposed to just “walking” as now, will make it clear that people can qualify not
just because of a physical difficulty in walking but for non-physical reason

14. There is one area where the consultation has persuaded the Department to
change its proposals. We had proposed specifically including people who
‘cannot follow the route of a journey without another person’. However, it has
been made clear that this would mean including some people who need
another person with them, but can otherwise physically walk well and also
without psychological distress or challenging behaviours. The Department
believes that where people suffer very considerable psychological distress or
other difficulty when walking, or have a risk of very considerable harm to their
health or safety (including people with dementia), they should be eligible for a
badge. However, where the applicant would not go out alone and the
presence of another person negates the above mentioned issues, then we do
not believe badges should be issued. Needing another person on every
journey does not necessarily equate to needing to park nearby.

15. The primary aim of the scheme is to give disabled people who rely on car
travel but face particular challenges in getting from the car to their
destination, the ability to park close-by. The Department believes the badge
should directly benefit the individual; to ensure the sustainability of the
scheme we do not believe badges should be awarded in situations where the
carer is effectively the beneficiary.

16. For the same reason the Department intends to provide an automatic link to a
badge for people who score 10 points under the ‘Planning and following
journeys” activity of Personal Independence Payment (PIP) because cannot
undertake any journey without overwhelming psychological distress to the
claimant. We had proposed to link to 12 points under this activity, for people
who cannot follow the route of a familiar journey without another person, but
this would include people who do not have very considerable difficulty when
with another person and do not need to park close to where they are going. It
would not be sensible to award an automatic badge in this scenario.

This PIP criterion is not about needing to park a vehicle near to one’s destination. The
Department recognises that some people with significant challenges who
receive different levels of PIP may not have an automatic route to a badge.
This is because PIP and Blue Badge are different schemes that are not
completely compatible. However under our proposed new and expanded
eligibility criteria we are confident that people who experience very
considerable difficulties because of non-physical disabilities will now have a
clear route to a badge following assessment by their local authority.
17. Since 2012, the Government has required that where eligibility against the
walking criterion is not self-evident and an expert opinion is needed to help
determine eligibility, the local authority must use an Independent Mobility
Assessor who is independent of the applicant.
18. Following consultation, the Department continues to believe this role should
be widened. An independent mobility assessor may not be suitable for
certifying whether or not a person’s mental or cognitive disability has the
impacts that would meet the eligibility criteria. In the first place, the assessor
would not be assessing the physical ability to walk. So we believe the
assessor should become an eligibility assessor rather than a mobility
assessor. Furthermore, whereas a person with a physical disability may be
adequately assessed without the assessor having prior knowledge of their
disability, this may not be the case for a person with a non-physical disability.
Often such an assessment would require knowledge of the person’s
functional limitations when outdoors. We are therefore proposing to remove
the requirement for independence, but that does not mean a local authority
should not use an independent eligibility assessor where deemed
appropriate. This will allow the local authority to use a range of suitably
qualified healthcare professionals with specific expertise. The assessor role
does not have to be performed by a specific person – the authority will have
the flexibility to choose who they recognise as being suitable to provide an
expert opinion and it may vary from case to case, so long as the assessor
has relevant qualifications and experience to assess whether or not the
applicant has an enduring and substantial disability within the meaning set
out in the regulations. Respondents called for guidance as to who could fulfil
the assessor role and what qualifications they should have.
19. Respondents also called for clarity on a number of terms used across our
proposals, including “walk”, “journey” and “enduring” amongst others. The
Department will seek to define what these mean in guidance.

Blue Badge consultation: summary of responses and government response

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Blue Badge (disabled parking) scheme eligibility review

Summary

Proposals to extend Blue Badge eligibility to people with non-physical conditions.

This consultation closes at
11:45pm on 18 March 2018

Consultation description
We are proposing changing the eligibility criteria for the Blue Badge scheme to include people with non-physical conditions.

This is part of the government’s objective is to ensure that those people with the greatest need have access to badges, whilst ensuring the scheme remains sustainable.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/675301/blue-badge-scheme-consultation-on-eligibility.pdf

https://www.smartsurvey.co.uk/s/R2OF6/

or

Complete a response form and either

Email to:
bluebadge.consultation@dft.gsi.gov.uk

Write to:
Vida Browne-Campbell
Department for Transport
Traffic and Technology Division
3/27 Great Minster House
33 Horseferry Road
London SW1P 4DR

https://www.gov.uk/government/consultations/blue-badge-disabled-parking-scheme-eligibility-review

Tories ‘shifting the goal posts’ on disability benefit entitlements, say Labour

Government has rewritten the law to deny higher benefit payments for more than 150,000 disabled people.

Callous Tory ministers have been accused of “shifting the goal posts” on disability benefit entitlements, after it was revealed that the UK Government has rewritten the law to deny higher payments for more than 150,000 disabled people.

Two social security tribunal cases resulted in the government being told to ensure more disabled qualify for Personal Independence Payments (PIP), which would better recognise how their condition affects their ability to live as independently as possible.

PIP consists of two separate components – a daily living component and a mobility element – each paying a standard or enhanced rate, with the enhanced rate paying more than the lower rate.

Claimants are awarded points in each component, depending on how their disability or long-term illness affects them on a daily basis, through an assessment system campaigners have likened to a “tick-box exercise”.

A minimum of eight points are required to qualify for the standard rate of each component, while claimants need to secure at least 12 points for the enhanced rate.

The first tribunal said those who experience “overwhelming physical distress” when outdoors alone, a common and debilitating symptom of severe psychological disorders that can leave sufferers trapped in their homes, should be awarded more points for the PIP mobility component.

An estimated 143,000 sick and disabled people would have benefitted from the ruling, with around half of these qualifying for the enhanced higher rate of £57.45 per week.

The other half would have qualified for the standard rate, currently £21.80 a week. A further 21,000 would have been moved from the standard to the enhanced rate.

A second tribunal said more points should be awarded in the daily living component for those who need help taking medication and monitoring their condition. More than 1,000 people would have benefitted from this decision, if the DWP had accepted it.

The DWP argued that adhering to the tribunal’s recommendations would cost the department an extra £3.7bn by 2022, the Daily Mirror reports.

So rather than accepting the Tribunal’s recommendations, and recognising how those affected incur extra costs as a direct consequence of their illness or disability, the DWP has instead decided to rewrite the law – yes, you read that correctly – thus denying tens of thousands of sick and disabled people the additional financial support they desperately need.

Labour’s Shadow Work and Pensions Secretary, Debbie Abrahams MP, blasted the decision: “Instead of listening to the court’s criticisms of PIP assessments and correcting these injustices, this government have instead decided to undermine the legal basis of the rulings”, she said.

Abrahams added: “This is an unprecedented attempt to subvert an independent tribunal judgement by a right-wing government with contempt for judicial process.

“By shifting the goal posts, the Tory Government will strip entitlements from over 160,000 disabled people, money which the courts believe is rightfully theirs. This is a step too far, even for this Tory government.”

http://www.welfareweekly.com/tories-shifting-the-goal-posts-on-disability-benefit-entitlements-say-labour/

Ken Loach: Tory government ‘callous, brutal and disgraceful’ and ‘must be removed’

Accepting the award for best British film at the Bafta awards in London, the veteran director says politicians speak for corporations – and film-makers must stand with the poor and vulnerable.

Ken Loach has launched an uncompromising attack on the UK government at the 70th British Academy Film Awards.

Speaking as he picked up his award for outstanding British film for I, Daniel Blake, which is conceived as a critique of the current state of the benefits system, Loach touched on accusations by some that his film failed to reflect reality.

Loach thanked his cast and crew, the people of Newcastle and the academy for “endorsing the truth of what this film says, which is that hundreds of thousands of people – the vulnerable and the poorest people – are treated by the this government with a callousness and brutality that is disgraceful.”

Loach continued by making reference to the Tory government’s apparent U-turnon its promise to accept thousands of unaccompanied children fleeing danger in Syria and elsewhere.

“It’s a brutality,” he said, “that extends to keeping out refugee children we promised to help.”

“In the real world,” added Loach, “it’s getting darker. And in the struggle that’s coming between the rich and the powerful, the corporations and the politicians that speak for them, and the rest of us on the other side, the film-makers know which side they’re on.”

Speaking at the press conference afterwards, Loach went further, saying that the government “have to be removed”. He hoped that voters would see his film, but there was little point politicians doing so as “the people actually implementing these decisions know what they’re doing. It’s conscious.”

Their welfare policies, he said, harked back to the Victorian workhouse ethos of telling people that poverty was their fault. “They know they’re doing. We have to change them; they have to be removed.”

https://www.theguardian.com/film/2017/feb/12/ken-loach-governments-treatment-of-refugee-children-callous-brutal-and-disgraceful

I, Daniel Blake review – a battle cry for the dispossessed

Ken Loach crafts a Cathy Come Home for the 21st century, the raw anger of which resonates long after you leave the cinema.

Mark Kermode

Ken Loach’s latest Palme d’Or winner, his second after 2006’s The Wind that Shakes the Barley, packs a hefty punch, both personal and political. On one level, it is a polemical indictment of a faceless benefits bureaucracy that strips claimants of their humanity by reducing them to mere numbers – neoliberal 1984 meets uncaring, capitalist Catch-22. On another, it is a celebration of the decency and kinship of (extra)ordinary people who look out for each other when the state abandons its duty of care.

For all its raw anger at the impersonal mistreatment of a single mother and an ailing widower in depressed but resilient Newcastle, Paul Laverty’s brilliantly insightful script finds much that is moving (and often surprisingly funny) in the unbreakable social bonds of so-called “broken Britain”. Blessed with exceptional lead performances from Dave Johns and Hayley Squires, Loach crafts a gut-wrenching tragicomic drama (about “a monumental farce”) that blends the timeless humanity of the Dardenne brothers’ finest works with the contemporary urgency of Loach’s own 1966 masterpiece Cathy Come Home.

We open with the sound of 59-year-old Geordie joiner Daniel Blake (standup comic Johns) answering automaton-like questions from a “healthcare professional”. Having suffered a heart attack at work, Daniel has been instructed by doctors to rest. Yet since he is able to walk 50 metres and “raise either arm as if to put something in your top pocket”, he is deemed ineligible for employment and support allowance, scoring a meaningless 12 points rather than the requisite 15. Instead, he must apply for jobseeker’s allowance and perform the Sisyphean tasks of attending CV workshops and pounding the pavements in search of nonexistent jobs that he can’t take anyway.

Meanwhile, Squires’s mother-of-two Katie is similarly being given the runaround, rehoused hundreds of miles from her friends and family in London after spending two years in a hostel. “I’ll make this a home if it’s the last thing I do,” she tells Daniel, who takes her under his wing, fixing up her flat and impressed by her resolve to go “back to the books” with the Open University. Both are doing all they can to make the best of a bleak situation, retaining their hope and dignity in the face of insurmountable odds. Yet both are falling through the cracks of a cruel system that pushes those caught up in its cogs to breaking point.

“We’re digital by default” is the mantra of this impersonal new world, to which carpenter Daniel pointedly replies, “Yeah? Well I’m pencil by default.” Scenes of Blake struggling with a computer cursor (“fucking apt name for it!”) raise a wry chuckle, but there’s real outrage at the way this obligatory online form-filling has effectively written people like him out of existence. Yet still Daniel supports – and is supported by – those around him; from Kema Sikazwe’s street-smart China, a neighbour who is forging entrepreneurial links online (the internet may alienate Daniel, but it also unites young workers of the world), to Katie’s kids, Daisy and Dylan – the latter coaxed from habitual isolation (“no one listens to him so why should he listen to them?”) by the hands-on magic of woodwork. Having lost a wife who loved hearing Sailing By, the theme for Radio 4’s Shipping Forecast, and whose mind was “like the ocean”, Daniel carves beautiful fish mobiles that turn the kids’ rooms into an aquatic playground. Meanwhile, their mother is gradually going under.

A scene in a food bank in which the starving Katie, on the verge of collapse, finds herself grasping a meagre tin of beans is one of the most profoundly moving film sequences I have ever seen. Shot at a respectful distance by cinematographer Robbie Ryan, the scene displays both an exquisite empathy for Katie’s trembling plight and a pure rage that anyone should be reduced to such humiliation. Having seen I, Daniel Blake twice, I have both times been left a shivering wreck by this sequence, awash with tears, aghast with anger, overwhelmed by the sheer force of its all-but-silent scream.

“They’ll fuck you around,” China tells Daniel, “make it as miserable as possible – that’s the plan.” For Loach and Laverty, this is the dark heart of their drama, the use of what Loach calls the “intentional inefficiency of bureaucracy as a political weapon”, a way of intimidating people in a manner that is anything but accidental. “When you lose your self-respect you’re done for,” says Daniel, whose act of graffitied defiance becomes an “I’m Spartacus!” battle cry that resonates far beyond the confines of the movie theatre. Expect to see it spray-painted on the walls of a jobcentre near you soon.

https://www.theguardian.com/film/2016/oct/23/i-daniel-blake-ken-loach-review-mark-kermode

Shake-up proposed for home-to-school transport for Bury children with disabilities and special needs

A PROPOSED shake-up in home-to-school transport for young people with special needs or disabilities has been announced by Bury Council.

It follows a change in the law on the what councils are required to provide when getting children to and from school, college, respite care facilities and on short breaks.

Young people often travel by minibus and the proposed changes aim to offer more independence.

A council report said: “The manner in which transport and financial assistance for travel is currently provided is no longer totally compatible with the principals of reforms, which place greater emphasis on the needs of the child or young person, and planning for their future to enable greater flexibility and choice in the way parents or carers access provision.”

Under the proposed new system, the council would assess if each person can travel independently or if their families can fund transport using their personal care budget.

If not, their parents can be paid to take them to school.

Only when those options have been ruled out will a minibus be laid on and, if possible, the pick-up point will be communal, rather than at their door.

The council’s children’s representative Cllr Paddy Heneghan said that the town hall is not expecting to save money from the change and finance is not the reason for making it.

He added: “The idea is to make children as independent as possible.

“There is a feeling that some children who are, for example, capable of walking part way to school independently are instead being taken from their front door on a minibus.

“The change is aimed at improving their self confidence and social skills.

“They will get all the support they need, whether it be routetraining, planning for when things go wrong or whatever else is necessary.”

The report said a version of the system was introduced at Elms Bank Specialist Arts College in Whitefield and the number of local authority vehicles required to transport students has been reduced as a result.

However, the report acknowledged that the change could be open to legal challenge and risks “reputational damage to the council.”
A consultation process with all parents and carers affected by the changes is now under way.

http://www.burytimes.co.uk/news/13656616.Shake_up_proposed_for_home_to_school_
transport_for_Bury_children_with_disabilities_and_special_needs/

Mindfulness for mental wellbeing

It can be easy to rush through life without stopping to notice much. Paying more attention to the present moment – to your own thoughts and feelings, and to the world around you – can improve your mental wellbeing.

Some people call this awareness ‘mindfulness’, and you can take steps to develop it in your own life.

Good mental wellbeing means feeling good about life and yourself, and being able to get on with life in the way you want.

You may think about wellbeing in terms of what you have: your income, home or car, or your job. But evidence shows that what we do and the way we think have the biggest impact on wellbeing.

Becoming more aware of the present moment means noticing the sights, smells, sounds and tastes that you experience, as well as the thoughts and feelings that occur from one moment to the next.

Mindfulness, sometimes also called “present-centredness”, can help us enjoy the world more and understand ourselves better.

Being aware is one of the five evidence-based steps we can all take to improve our mental wellbeing. Learn more about the five steps for mental wellbeing.

What is mindfulness?

Mark Williams, professor of clinical psychology at the Oxford Mindfulness Centre, says that mindfulness means knowing directly what is going on inside and outside ourselves, moment by moment.

Professor Williams says that mindfulness can be an antidote to the “tunnel vision” that can develop in our daily lives, especially when we are busy, stressed or tired.

“It’s easy to stop noticing the world around us. It’s also easy to lose touch with the way our bodies are feeling and to end up living ‘in our heads’ – caught up in our thoughts without stopping to notice how those thoughts are driving our emotions and behaviour,” he says.

“An important part of mindfulness is reconnecting with our bodies and the sensations they experience. This means waking up to the sights, sounds, smells and tastes of the present moment. That might be something as simple as the feel of a banister as we walk upstairs.

“Another important part of mindfulness is an awareness of our thoughts and feelings as they happen moment to moment.

“Awareness of this kind doesn’t start by trying to change or fix anything. It’s about allowing ourselves to see the present moment clearly. When we do that, it can positively change the way we see ourselves and our lives.”

How mindfulness can help

Becoming more aware of the present moment can help us enjoy the world around us more and understand ourselves better.

“When we become more aware of the present moment, we begin to experience afresh many things in the world around us that we have been taking for granted,” says Professor Williams.

“Mindfulness also allows us to become more aware of the stream of thoughts and feelings that we experience and to see how we can become entangled in that stream in ways that are not helpful.

“This lets us stand back from our thoughts and start to see their patterns. Gradually, we can train ourselves to notice when our thoughts are taking over and realise that thoughts are simply ‘mental events’ that do not have to control us.

“Most of us have issues that we find hard to let go and mindfulness can help us deal with them more productively. We can ask: ‘Is trying to solve this by brooding about it helpful, or am I just getting caught up in my thoughts?’

“Awareness of this kind also helps us notice signs of stress or anxiety earlier and helps us deal with them better.”

Studies have found that mindfulness programmes, where participants are taught mindfulness practices across a series of weeks, can bring about reductions in stress and improvements in mood.

How you can be mindful

Reminding yourself to take notice of your thoughts, feelings, body sensations and the world around you is the first step to mindfulness.

“Even as we go about our daily lives, we can find new ways of waking up to the world around us,” says Professor Williams. “We can notice the sensations of things, the food we eat, the air moving past the body as we walk. All this may sound very small, but it has huge power to interrupt the ‘autopilot’ mode we often engage day to day, and to give us new perspectives on life.”

It can be helpful to pick a time – the morning journey to work or a walk at lunchtime – during which you decide to be aware of the sensations created by the world around you. Trying new things, such as sitting in a different seat in meetings or going somewhere new for lunch, can also help you notice the world in a new way.

“Similarly, notice the busyness of your mind. Just observe your own thoughts,” says Williams. “Stand back and watch them floating past, like leaves on a stream. There is no need to try to change the thoughts, or argue with them, or judge them: just observe. This takes practice. It’s about putting the mind in a different mode, in which we see each thought as simply another mental event and not an objective reality that has control over us.”

You can practise this anywhere, but it can be especially helpful to take a mindful approach if you realise that, for several minutes, you have been “trapped” in reliving past problems or “pre-living” future worries. To develop an awareness of thoughts and feelings, some people find it helpful to silently name them: “Here is the thought that I might fail that exam”. Or, “Here is anxiety”.

Formal mindfulness practices

As well as practising mindfulness in daily life, it can be helpful to set aside time for a more formal mindfulness practice.

Several practices can help create a new awareness of body sensations, thoughts and feelings. They include:

meditation – participants sit silently and pay attention to the sensations of breathing or other regions of the body, bringing the attention back whenever the mind wanders
yoga – participants often move through a series of postures that stretch and flex the body, with emphasis on awareness of the breath
tai-chi – participants perform a series of slow movements, with emphasis on awareness of breathing

More steps for wellbeing

There are other steps we can all take to improve our mental wellbeing. Learn more about the five steps for mental wellbeing.

You can also learn more about the other four steps for wellbeing:

Connect for wellbeing
Get active for mental wellbeing
Give for mental wellbeing
Learn for mental wellbeing

http://www.nhs.uk/conditions/stress-anxiety-depression/pages/mindfulness.aspx