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7.9 Appeal against a decision to refuse or withdraw a Car Badge

Contents

  1. Appeal against Decision to Refused Badge on Grounds of Eligibility
  2. Appeal against Decision to Refuse / Withdraw Badge on Grounds of Misuse
  3. Procedure for Appealing against Decision to Refuse a Badge on the grounds of not meeting the Eligibility Criteria
  4. Procedure for Appealing against Decision to Refuse the Issue of a Badge, on the Grounds of Misuse


1. Appeal against Decision to Refused Badge on Grounds of Eligibility

  1. There is an appeals procedure for clients to appeal to a senior manager against a decision to refuse a badge, on grounds of the applicant not meeting the eligibility criteria.
  2. There is no right of appeal to the Secretary of State against a decision to refuse a badge, if the applicant does not meet the eligibility criteria.
  3. An applicant appealing against a decision to refuse a badge, on the grounds of not meeting the eligibility criteria, should lodge the appeal within 3 months of the date of notice to refuse.


2. Appeal against Decision to Refuse / Withdraw Badge on Grounds of Misuse

  1. A person to whom a refusal notice has been issued, giving grounds for refusal as misuse of the badge, may appeal against the decision to the Secretary of State within 28 days of the date on which the notice was issued.
  2. Every appeal shall be written, dated and signed by the person making the appeal or by another person authorised to sign on the applicant's behalf and shall state the grounds on which the appeal is made.
  3. On receipt of an appeal the Secretary of State shall send a copy to the relevant Local Authority.
  4. Within 28 days of the date on which the Local Authority receives a copy of the appeal it shall send to the Secretary of State:
    1. a copy of the notice issued;
    2. any comments it may wish the Secretary of State to take into account in determining the appeal.
  5. When the Secretary of State determines an appeal, he/she shall issue a notice to the person stating whether he/she confirms or reverses the decision of the Local Authority; and the notice shall state the reason for the determination.
  6. The Secretary of State shall send a copy of the determination to the Local Authority against whose decision the appeal was made.
  7. If the Secretary of State confirms the decision of the Local Authority the appellant shall return the badge in question within 28 days of the date of the Secretary of State's decision.


3. Procedure for Appealing against Decision to Refuse a Badge on the grounds of not meeting the Eligibility Criteria

  1. On return of the form from the client, the case file should be passed, upon request to the appropriate Area Manager for consideration.
  2. The tracer card and SSID should be amended to show the location of the case file.
  3. The Area Manager will respond to the client, and return the case file to the Disabled Children Service. Copies of correspondence from the Area Manager to the client will be added to the case file.
  4. If the Area Manager supports the original decision to refuse issue of a badge then
  5. If the Area Manager requests reconsideration of the application, the file and case papers should be returned to the Disabled Children Service for reconsideration.
  6. Amend client tracer card and SSID to show revised location of case file.
  7. If after re-assessment it is decided that a badge should be issued then the process for issuing a car badge should be followed - see Blue Badge Scheme - Issue and Renewal Procedure). This should be recorded as an action on the car badge record.


4. Procedure for Appealing against Decision to Refuse the Issue of a Badge, on the Grounds of Misuse

  1. A person to whom a refusal notice has been issued, giving grounds for refusal as misuse of the badge, may appeal against the decision to the Secretary of State within 28 days of the date on which the notice was issued.
  2. On receipt of the copy of the appeal from the Secretary of State the case file should be forwarded to the Area Manager.
  3. The tracer card and SSID should be amended to show the location of the file.
  4. Within 28 days of the date the Local Authority receives the copy of the appeal it shall send to the Secretary of State:-
    1. A copy of the notice of refusal or a copy of the notice of refusal to issue a badge on the grounds of misuse.
    2. Any comments it may wish the Secretary of State to take into account in determining the appeal.
  5. When the Secretary of State determines an appeal he/she shall issue a notice to the person stating whether he/she confirms or reverses the decision of the Local Authority, which will state the reasons for determination. A copy will be forwarded to the Local Authority and should be passed to the Disabled Children Service Manager to determine appropriate action.
  6. If the Secretary of State confirms the decision of the Local Authority, the appellant shall, if applicable, return the Disabled Persons badge within 28 days of the date of the decision.

    The case file should be returned to the Disabled Children Service and held pending the return of the badge Disabled Persons.

End