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Blue Badge refusal - failure to follow due process
In December last year Reading Borough Council refused my application for a Blue Badge within three hours of my assessment on the grounds that my condition was not permanent, (osteoarthritis), and that I was about to have a knee replacement.
I appealed both of these reasons as being contrary to DfT guidelines to Local Authorities and the BB was immediately issued, ?on the basis of new evidence which you supplied? . However, I did not supply any new evidence, I concentrated on demolishing the reasons which they gave for the initial refusal.
I have now made a formal complaint to the MD that the original refusal did not follow due process, and that, as a result, I had been discriminated against under the Equality Act 2010.
I am not seeking compensation, but have requested the MD to review all previous refusals in order to ensure that no other applicants have been refused blue badges on similar grounds.
In my opinion my initial application was a a certain issue, and that, in their headlong rush to prevent abuse, RBC, (and no doubt other LAs), have set the bar far too high.
I appealed both of these reasons as being contrary to DfT guidelines to Local Authorities and the BB was immediately issued, ?on the basis of new evidence which you supplied? . However, I did not supply any new evidence, I concentrated on demolishing the reasons which they gave for the initial refusal.
I have now made a formal complaint to the MD that the original refusal did not follow due process, and that, as a result, I had been discriminated against under the Equality Act 2010.
I am not seeking compensation, but have requested the MD to review all previous refusals in order to ensure that no other applicants have been refused blue badges on similar grounds.
In my opinion my initial application was a a certain issue, and that, in their headlong rush to prevent abuse, RBC, (and no doubt other LAs), have set the bar far too high.
You never know how far you can go until you go too far.
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Comments
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Your application was rejected.
You appealed.
Your appeal was accepted, and the application accepted.
What else do you want? You cannot appeal other people's rejections.0 -
Your application was rejected.
You appealed.
Your appeal was accepted, and the application accepted.
What else do you want? You cannot appeal other people's rejections.
Seconded... get over it, you won.'Just because its on the internet don't believe it 100%'. Abraham Lincoln.
I have opinions, you have opinions. All of our opinions are valid whether they are based on fact or feeling. Respect other peoples opinions, stop forcing your opinions on other people and the world will be a happier place.0 -
Your application was rejected.
You appealed.
Your appeal was accepted, and the application accepted.
What else do you want? You cannot appeal other people's rejections.
Clearly neither of you understand the concept of due process. For those of a feeble mind, here is a concise definition
... the legal requirement that the state must respect all of the legal rights that are owed to a person.
Reading BC are failing so to do.
What I want is for Reading Borough Council to play by the rules. What I want is for them to adhere to Government guidelines. What I want is for them to go back and review past refusals to ensure that they have not cheated other poor blighters of Blue Badges to which they are entitled.
Claro?You never know how far you can go until you go too far.0 -
What I want is for Reading Borough Council to play by the rules. What I want is for them to go back and review past refusalsl to see that they have not cheated other poor blighters of a Blue Badge to which they are entitled. Claro?
How do you know that the other poor blighters haven't done the same thing you have and won their appeal?
How do you know how many refusals they have made, and how many of them are justified or not?"Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!0 -
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Lovely, an' all. But what you seem to miss is that not only is it not your problem - your own case has already been reviewed and an error accepted - but it would actually be illegal for them to provide you with anything but the most generically useless information relating to any similar cases. You have absolutely no way of knowing if yours was a one-off error, now corrected, or a systematic error, and without that you have absolutely no way of influencing any correction of a systematic error, if it exists. In addition, the people you have access to deal with will not be empowered to make any kind of systematic search or investigation. They're there to deal with individuals about those individuals own cases alone.Clearly neither of you understand the concept of due process. For those of a feeble mind, here is a concise definition
... the legal requirement that the state must respect all of the legal rights that are owed to a person.
If you REALLY want to do something, talk to your councillor, and see if they'll investigate. But don't waste your blood pressure on a pointless personal crusade.0 -
I can only imagine how well his letters are going down at the council offices with that attitude...Foxy-Stoat wrote: »Nicely added...thats the spirit !0 -
Foxy-Stoat wrote: »How do you know that the other poor blighters haven't done the same thing you have and won their appeal?
How do you know how many refusals they have made, and how many of them are justified or not?
I do not, but why should I. RBC are in the dock here, not me.You never know how far you can go until you go too far.0 -
What's an "MD" when it's home?.................
....I'm smiling because I have no idea what's going on ...:)0 -
]... what you seem to miss is that not only is it not your problem -
First they came for the socialists ....
... it would actually be illegal for them to provide you with anything but the most generically useless information
But I have not asked for any information.
... you have absolutely no way of influencing any correction of a systematic error,
Yes I have, If I am not satisfied with the reply I can go to the LGO
...the people you have access to deal with will not be empowered to make any kind of systematic search or investigation. They're there to deal with individuals about those individuals own cases alone.
Nonsense, I have gone directly to the Managing Director, are you saying that he does not have the authority to investigate failed systems?
... don't waste your blood pressure on a pointless personal crusade.
What makes you think that it is pointless?[/QUOTE]You never know how far you can go until you go too far.0
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