Equality and blue badge parking
I need some help, and I am looking for support and additional evidence, as it is clear that Islington and other Councils' approach to enforcing PCNs reflects a revenue-driven agenda rather than a genuine commitment to traffic management. The Council’s stated purpose for issuing PCNs is to manage road safety and prevent obstructions. However, the broader issue affecting disabled residents, it is evident that the enforcement practices serve primarily as a mechanism for revenue generation rather than fulfilling legitimate traffic management objectives.
While traffic management laws are important, the Equality Act 2010 (EA) and Public Sector Equality Duty (PSED) should take precedence over revenue-driven enforcement policies. The failure to apply these legal obligations correctly has caused significant harm to disabled residents, including myself, and reinforces the institutional discrimination that occurs when public authorities disregard the specific needs of disabled individuals.
Under Section 149 of the Equality Act 2010, the Council has a duty to have due regard to the need to eliminate discrimination and to advance equality of opportunity for disabled individuals. This duty should extend beyond simply following the procedures laid out for traffic management. The failure to consider the unique circumstances of disabled residents—such as physical limitations, cognitive impairments, and the heightened vulnerability to stress and health complications—constitutes a breach of the Council’s statutory duties under the EA and PSED.
Furthermore, the Council’s persistent reliance on rigid, revenue-focused enforcement mechanisms fail to consider reasonable adjustments that would avoid harm to disabled individuals. For example, exercising discretion or proactively verifying Blue Badge status could have avoided the unjust penalties imposed on me and other disabled residents. These reasonable adjustments are not only a requirement under the Equality Act, but also a clear expectation under the PSED, which mandates that public authorities make adjustments to ensure that their policies and practices do not disproportionately disadvantage those with protected characteristics, including disability.
The Council’s disregard for the disproportionate impact of their enforcement policies on disabled residents highlights the misapplication of the law and demonstrates a failure to prioritize equality in its decision-making. By continuing to enforce PCNs in this manner, the Council is violating its duty to act fairly and proportionately, and is ultimately undermining the purpose of the Equality Act 2010, which is to protect the rights of the most vulnerable members of society.
While the principle of equality is important in law, it is equity that should be prioritized when dealing with public services, particularly in cases involving vulnerable or disabled residents. Equity involves recognizing that different individuals may require different levels of support to achieve equal treatment under the law. In the case of Islington Council’s PCN enforcement, the failure to consider equitable solutions means that disabled residents are disproportionately impacted by rigid, one-size-fits-all enforcement procedures.
A clear example of how equity could be achieved is the implementation of digital permits for all Islington resident Blue Badge holders. By transitioning to a fully digital system, the Council could ensure that all disabled Islington residents are automatically recognized within their parking enforcement system. This would significantly reduce the risk of unjust penalties for circumstances such as obscured badges, a common issue that arises due to disability-related fatigue or mobility impairments.
Digital permits would be a cost-effective and innovative solution. Not only would this simplify the process for disabled residents, but it would also enhance the efficiency of parking enforcement. Instead of relying on potentially outdated or inaccurate physical permits or requiring residents to submit photographic evidence, the digital system could automatically flag Blue Badge status during parking enforcement. This would eliminate the need for time-consuming and often inequitable appeals processes and ensure fairer treatment of disabled residents.
The cost of implementing a digital permit system would be minimal compared to the ongoing costs of manually processing appeals, issuing fines, and dealing with disputes. It would also align with the principle of reasonable adjustments under the Equality Act 2010, ensuring that disabled residents do not face additional barriers or discrimination in accessing public services.
By adopting a digital solution, Councils would not only address the systemic inequalities in the current parking enforcement system but also demonstrate a proactive commitment to equity and accessibility. This would align with their duties under the PSED, ensuring that policies are fit for purpose, inclusive, and fair for all residents, regardless of their disability.
Comments
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😢yes my frend look like de city council do not respect disablet people,
Many years ago, my mentally disabled son and I applied for a house. Due to many sad circumstances and the rent increased, we reminded the council again.
housiing need said if we want a house could not be in Oxford where we liv more de 14 years, my doughter carer liv more than 20 years, now people disasbled are moved in village of oxfordshire, the house in Oxford will recive house only refugis and workers people. So I worked in NHS ,I am ill retired, also I am carer for my son despide my infirmity. But I can not do nothing .Only i pray God as melt the heart of team council.
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Hi Beno,
Thank you for sharing with regards to Blue Badges. I have just applied for a Blue Badge but am very interested in your comments to Equality and Equability for Disabled drivers. Having recently received a Penalty Charge Notice for having to double park ( yes, not saying that I should have done so! Neither am I complaining directly as regards paying the Penalty Charge). However, this situation does pose a difficulty for me when I visit my disabled son who does not drive and relies on me to help with shopping etc… Since the road he lives in is close to the Railway Station and commuters use the road to park (for free) all day, which leaves no where to park for visitors to the area. As a result of receiving a Penalty Notice, I have to re-evaluate visiting my son and Grandchildren, since with my own disabilities, for me to Park in the nearest Car Park would mean a long walk (no direct buses to his road without a walk further than I can manage without frequent stopping to rest) and therefore makes this considerably more challenging for me to visit (with or without shopping!)
My son suggested that he could apply for his own Blue Badge to enable me to take him shopping (or just visit), except I would suspect that by the time I arrive there still is no parking (legally) near his home, which poses a problem when delivering shopping or collecting him for Hospital appointments or even just to visit. I wonder, how this might be resolved without having to risk receiving a Penalty Charge potentially any visit I make? Having a Disabled box outside his home would be 'helpful' providing other Disabled drivers do not access it because another resident does have no parking lines (rather than a box) but I'm sure that other disabled drivers (and those who choose not to care where they park), will use the space and still leave no other spaces for legitimate residence to access.
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