Appendix 2: Assessing applications for people who while walking are at risk of serious harm or who pose risk of serious harm to other people – non-visible (‘hidden’) disabilities

Source: Department for Transport Blue Badge scheme local authority guidance (England) May 2022 

4.61   To qualify under this criterion, an applicant must have any enduring (lasting for at least three years) and substantial disability that means they are, during the course of a journey, at risk of serious harm, when walking, or pose, when walking, a risk of serious harm to themselves or any other person. 

4.62   The DfT expects that, in the context of disabilities that are predominantly non-visible (‘hidden’) in nature, a risk of serious harm to self/others could manifest as one or more of the following behaviours: 

• becoming physically aggressive towards others, possibly without intent or awareness of the impact their actions may have 
• refusing to walk altogether, dropping to the floor, or becoming a dead-weight 
• wandering off or running away, possibly without awareness of surroundings or their associated risks (for example, nearby roads, car park environments) 
• disobeying, ignoring and/or being unaware of clear instructions 
• experiencing very severe or overwhelming anxiety (for example, through hypervigilance) 
• experiencing an overwhelming sense of fear of public/open/busy spaces 
• experiencing serious harm or causing harm to others 
• avoiding some/all types of journeys due to the kinds of experiences listed above 

4.63   This list is not exhaustive and local authorities will need to satisfy themselves that the risk of serious harm to self or others when walking, during the course of a journey, is caused by an enduring and substantial disability. 

In this context it is recognised that some of the listed behaviours, as well as others, may be exhibited ordinarily by children who do not have any enduring or substantial disability. It is therefore important for local authorities to consider the extent of any such behaviours and/or difficulties experienced by an applicant in relation to common developmental milestones. 

4.64   Local authorities will also need to be satisfied that such difficulties cannot otherwise be managed through reasonable coping strategies. For example, where an applicant would only ever be accompanied by another person and that negates ‘very considerable’ difficulty, a badge would not help the applicant. 

4.65   In considering coping strategies, local authorities should consider whether existing strategies are being adopted and are effective (i.e. they may work, but they may require significant time to be invested on the part of the applicant), and whether a Blue Badge would be an effective ‘coping strategy’ in its own right. Importantly, journey avoidance should not be considered an appropriate coping strategy. 

4.66   Ultimately, it is a matter for each individual local authority to adopt an assessment approach that they believe complies with the legislation and that best suits their circumstances. 

4.86   Research commissioned in 2019 by the DfT to support the development of this guidance suggested that it could be reasonable for local authorities to consider that the frequency with which an applicant experiences very considerable difficulty whilst walking during the course of a journey, or presents a risk of serious harm to themselves/others when walking during the course of a journey, should be ‘more often than not’ when determining eligibility for a Blue Badge.