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Thread: Son with ASD Blue Badge application

  1. #11
    Quote Originally Posted by birdwatcher View Post
    May be a lottle previous for a blue badge for a three year old as surely he could go in a buggy or be carried, I would think it would need to be an extreme physical disability which would warrant one for a child as young as three.
    You are correct it should be extreme. My only option in a busy car park is to park as far away as possible to get the space needed. I then set up his buggy (from wheelchair services) and I try to get him in it. Sometimes this goes without a hitch, sometimes not.

    I know your suggesting that an equivalent child of 3 would also be in a buggy so there is no greater need. I understand that point.

    Eventually I hope he may be safe in a car park and not need the use of a blue badge but as it stands he is not. Carrying him is an option but I have the scratches and bite marks to show this is less than ideal. I can assure you that carrying an autistic child during meltdown is extremely stressful for all involved.

    The fact that my only option for a guaranteed safe journey is to place him in a mobility aid suggests he has considerable difficulty walking. Granted this is hard to prove when children of a similar age are also in buggies.

    Your letter provides a very well presented case, but without meeting the eligibility criteria, my opinion is that your application will be rejected.
    I am looking at this criteria:
    you are unable to walk very far without experiencing very considerable difficulty. Autism is regarded as a permanent disability.

    It has been accepted in case law (CDLA/1678/1997) that the Commissioners accept medical evidence that the predominant expert view is that autism has a physical cause because it is a disorder of brain development.

    . Case CDLA/1621/2009 (paragraph 23) states that
    “If a claimant’s difficulty in walking ultimately has a physical cause, even if that physical cause is not some problem with, for example, muscle co-ordination or weakness …… then it is possible that a claimant is still virtually unable to walk”.

    Paragraph 24 – “…the tribunal had found that while the boy walked for some yards he was liable to run, stop, lie down and refuse to go further, and that his behaviour was directly due to the physical disorder whose legs are capable of the physical movements of walking, but who are prevented by other aspects of their physical condition from making use of them…”

  2. #12
    brightonbelle
    Guest
    https://www.gov.uk/apply-blue-badge

    click on start now
    select applying for someone else
    put in postcode
    select your local authority
    on check eligibility select none of these (last one) as these are the automatic entitlement criteria
    that takes you to the next set of eligibility criteria (discretionary ones)

    there you will find the descriptors. But cutting and pasting them below anyway

    " Reason for applying I am over the age of two and have a permanent and substantial disability which means that I am unable to walk"
    "I am over the age of two and have a permanent and substantial disability which means that I have very considerable difficulty in walking

    "I drive a vehicle regularly, and have a severe disability in both arms that means I am unable to operate all or some types of parking meter"

    "I drive a vehicle regularly, and have a severe disability in both arms that means I have considerable difficulty operating all or some types of parking meter"

    "I am under the age of three and have a medical condition that means I must always be accompanied by bulky medical equipment"

    "I am under the age of three and have a medical condition that means I must always be kept near a vehicle in case I need emergency medical treatment"


    there ya go, hope it helps

    ps you can log on, get to the relevant part and then just abandon the page. you don't have to go on to complete the online form.
    Last edited by brightonbelle; 02-20-2017 at 02:26 PM.

  3. #13
    Quote Originally Posted by brightonbelle View Post
    https://www.gov.uk/apply-blue-badge

    click on start now
    select applying for someone else
    put in postcode
    select your local authority
    on check eligibility select none of these (last one) as these are the automatic entitlement criteria
    that takes you to the next set of eligibility criteria (discretionary ones)

    there you will find the descriptors. But cutting and pasting them below anyway

    " Reason for applying I am over the age of two and have a permanent and substantial disability which means that I am unable to walk"
    "I am over the age of two and have a permanent and substantial disability which means that I have very considerable difficulty in walking

    "I drive a vehicle regularly, and have a severe disability in both arms that means I am unable to operate all or some types of parking meter"

    "I drive a vehicle regularly, and have a severe disability in both arms that means I have considerable difficulty operating all or some types of parking meter"

    "I am under the age of three and have a medical condition that means I must always be accompanied by bulky medical equipment"

    "I am under the age of three and have a medical condition that means I must always be kept near a vehicle in case I need emergency medical treatment"


    there ya go, hope it helps

    ps you can log on, get to the relevant part and then just abandon the page. you don't have to go on to complete the online form.
    Thanks for the information, I have already applied and I selected:

    am over the age of two and have a permanent and substantial disability which means that I have very considerable difficulty in walking

    Ill let you all know what the outcome is.

  4. #14
    brightonbelle
    Guest
    http://www.autism.org.uk/bluebadge


    nice source of info for parents, to show how they need to argue how their child's behaviour affects the physical and practical ability to walk. All relevant aspects of a child's ability and behaviour has to focus on an aspect of walking - ie distance, speed, time, gait, safety etc.

    "Your local authority may seek a medical opinion on your or your child's entitlement to a blue badge if you are applying under the considerable difficulty with walking criteria. This could include, for example, an assessment by a community physiotherapist or occupational therapist. It may be useful to have a letter from your or your child's GP or another health professional supporting your argument"

  5. #15
    My work has some involvement with the issue of blue badges and I'd say it's difficult to call as there is a lot of variation between local authorities in how they approach the issue of badges to those with autism. You may find its awarded with no problem, may be refused outright or may be asked to provide medical evidence (referral to a mobility assessment is possible but unlikely for a 3 year old). If you're refused it's worth appealing and I would advise you to focus on the refusal to walk aspect - emphasise that when he refuses to walk he is at that moment, physically unable to walk as the result of his medical condition. That is the argument that will "win" (with DLA also). If you have any medical evidence from health professionals other than his GP that will help.

  6. #16
    Quote Originally Posted by mchlpeel View Post
    You are correct it should be extreme. My only option in a busy car park is to park as far away as possible to get the space needed. I then set up his buggy (from wheelchair services) and I try to get him in it. Sometimes this goes without a hitch, sometimes not.

    I know your suggesting that an equivalent child of 3 would also be in a buggy so there is no greater need. I understand that point.

    Eventually I hope he may be safe in a car park and not need the use of a blue badge but as it stands he is not. Carrying him is an option but I have the scratches and bite marks to show this is less than ideal. I can assure you that carrying an autistic child during meltdown is extremely stressful for all involved.

    The fact that my only option for a guaranteed safe journey is to place him in a mobility aid suggests he has considerable difficulty walking. Granted this is hard to prove when children of a similar age are also in buggies.



    I am looking at this criteria:
    you are unable to walk very far without experiencing very considerable difficulty. Autism is regarded as a permanent disability.

    It has been accepted in case law (CDLA/1678/1997) that the Commissioners accept medical evidence that the predominant expert view is that autism has a physical cause because it is a disorder of brain development.

    . Case CDLA/1621/2009 (paragraph 23) states that
    “If a claimant’s difficulty in walking ultimately has a physical cause, even if that physical cause is not some problem with, for example, muscle co-ordination or weakness …… then it is possible that a claimant is still virtually unable to walk”.

    Paragraph 24 – “…the tribunal had found that while the boy walked for some yards he was liable to run, stop, lie down and refuse to go further, and that his behaviour was directly due to the physical disorder whose legs are capable of the physical movements of walking, but who are prevented by other aspects of their physical condition from making use of them…”
    As you say, most three year olds need a buggy to be in to be safe and none can get across a car park safely on their own anyway.

    I think it may be slightly previous at three, of course at five this behaviour should warrant one, but at three, possibly not.

  7. #17
    As you say, most three year olds need a buggy to be in to be safe and none can get across a car park safely on their own anyway.

    I think it may be slightly previous at three, of course at five this behavior should warrant one, but at three, possibly not.
    I understand but most 3 year olds dont act like this:

    https://www.youtube.com/watch?v=pNYkS-2hDMw

    There are not many good examples on YouTube, imagine that video in a car park environment coupled with biting, scratching and running away a lot more. It is difficult to compare this behavior to that of a non disabled child.

  8. #18
    But difficult to contain doesn't equate to needing to park right outside the shop - in fact probably safer not to park in the busiest bit of the carpark. Most shops actually have more and more accessible parent and child spaces than blue badge spaces if that is where you need to park

  9. #19
    Quote Originally Posted by fredaNotSpam View Post
    But difficult to contain doesn't equate to needing to park right outside the shop - in fact probably safer not to park in the busiest bit of the carpark. Most shops actually have more and more accessible parent and child spaces than blue badge spaces if that is where you need to park
    Let’s play devil’s advocate for a bit of fun.

    So far on here it has been suggested that because my son can go in a buggy he should not really be entitled to a badge? You could use the same logic for an adult in a wheelchair. They have a permanent physical disability as does my son. They have no choice to use the chair just as much as my son has no choice but to use a buggy. If someone in a wheelchair is deserving of a blue badge then why can’t my son have one?

    They need the extra space I hear you say. Don’t you think that McLaren major buggies from Wheelchair services also require space to set up?

    You also suggest that it is not wise to park as close as possible to the shops and that I should use parent and child spaces. I do use parent and child spaces but obviously when a disabled space is closer this is preferable.

    I would suggest that mitigating the chance of grave injury to my Son and I is the greatest priority and if that means having a blue badge and parking closer then I’m sorry but I think that’s fair.

    I know this will probably be taken in a very negative context but hey ho I love a bit of conflict. I suppose its ultimately up to the council

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