Disability Blue Badge

unforeseen

pogofish wrote: »

You can insist.

Blue badges have no absolutely meaning in private car parks - They only apply on public roads and in publicly regulated parking. Away from that, its the Equality Act 2010 (came into force 2012) that applies and that puts the onus squarely on the shops/car park operators to provide reasonable adjustments for all suitably disabled people regardless of badge.

So once you inform them that you have a condition covered by the act, they have to make the appropriate adjustments or you can sue - and the penalties for not doing this are potentially quite hefty.

How does a surgical procedure with a very good success rate fit in with

A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

pogofish

teddysmum wrote: »

As your condition emerged to be possible long term, you could probably have reapplied, but a knee replacement is not expected to be long term ,as with a broken leg.

Possibly - but I managed to get adequate reasonable adjustments from work and the places I shop most often and resigned myself to seriously restricted horizons for the duration as far as anything else went.

It didn't help that I was stuck in a cycle of false-hope, with operations being cancelled/rescheduled, then shifted again, referred for other treatment etc time after time in that period.

pogofish

unforeseen wrote: »

How does a surgical procedure with a very good success rate fit in with

From the OP, her husband has clearly been suffering for much longer than the one year minimum qualification needed for the act to apply. So its not all down to the surgery and its projected outcome - Which for many conditions is only a temporary fix and they may be looking at things again in the next few years. If they fell under the act pre-surgery, then it would apply until their treatment had progressed to a point where reasonable adjustments were no longer needed.

They would probably be well advised to consult the detailed guidance for fluctuating conditions under the Act on the gov.uk site.

unforeseen

pogofish wrote: »

From the OP, her husband has clearly been suffering for much longer than the one year minimum qualification needed for the act to apply. So its not all down to the surgery and its projected outcome - Which for many conditions is only a temporary fix and they may be looking at things again in the next few years. If they fell under the act pre-surgery, then it would apply until their treatment had progressed to a point where reasonable adjustments were no longer needed.

They would probably be well advised to consult the detailed guidance for fluctuating conditions under the Act on the gov.uk site.

As your response was to Retiredandskint and their action with the supermarket then that was what my question was referring to.

I don't doubt that when things are prolonged there is the possibility of invoking the act but on the bare information supplied and the success of the procedure then the act would not normally apply.

Richie-from-the-Boro

With further assessment criteria applies. Laid down on a 'national points' system' and carried out by a qualified assessor. Points are similar PIP criteria and are much much harder to get than the old 2012 rules. You can see the rules by looking at the The blue badge scheme local authority guidane [England] PDF.

pogofish

unforeseen wrote: »

As your response was to Retiredandskint and their action with the supermarket then that was what my question was referring to.

I don't doubt that when things are prolonged there is the possibility of invoking the act but on the bare information supplied and the success of the procedure then the act would not normally apply.

More info would be needed yes - but it seems clear the surgery is only the last act in a long-running thing, so instead of our arguing it, they might do better by looking at the chapter and verse to see how it applies to their own situation?

IME, other than the result of an accident/trauma, knees mostly degrade over an extended period, which might well have seen them fall under the act well before the surgery.

Pop_Up_Pirate

pogofish wrote: »

You can insist.

Blue badges have no absolutely meaning in private car parks - They only apply on public roads and in publicly regulated parking. Away from that, its the Equality Act 2010 (came into force 2012) that applies and that puts the onus squarely on the shops/car park operators to provide reasonable adjustments for all suitably disabled people regardless of badge.

So once you inform them that you have a condition covered by the act, they have to make the appropriate adjustments or you can sue - and the penalties for not doing this are potentially quite hefty.

It doesn't mean the shop has to provide parking spaces above and beyond what is already available.
The fact that a supermarket does have disabled parking spaces means they comply, (Along with the other requirements such as access, wheelchairs, toilets etc)

pogofish

Pop_Up_Pirate wrote: »

It doesn't mean the shop has to provide parking spaces above and beyond what is already available.
The fact that a supermarket does have disabled parking spaces means they comply, (Along with the other requirements such as access, wheelchairs, toilets etc)

True - but they only comply fully if those spaces/facilities are made available to any disabled person needing the particular adjustment under the Act and not discriminate against those who lack a BB for whatever reason.

The determination from EHRC (E&W) supporting this is already on this forum somewhere and I hold a similar one for Scotland.

Pop_Up_Pirate

pogofish wrote: »

True - but they only comply fully if those spaces/facilities are made available to any disabled person needing the particular adjustment under the Act and not discriminate against those who lack a BB for whatever reason.

The determination from EHRC (E&W) supporting this is already on this forum somewhere and I hold a similar one for Scotland.

Yes, and anyone can claim "I have a disability". If anyone has a substantial disability etc and they feel they need a disabled space, they can inform the supermarket/shop involved and provide the necessary information to prove it.