Austim and Blue Badge Application

[moonshinebabe]

Ive got the forms to fill in to try and get my son a blue badge, he is on lower rate mobility.

 

Ive been to see his GP about it and she fully supports the application, but I have to fill in my bit first stating his condition etc

 

I am really rubbish at filling in things like that, can someone give me an idea of what to say, or what key words to use. I really dont want to mess up on it and put everything on it that i need to say to guarantee getting one for him (although i know there are no guarantees if you know what i mean).

 

He is a complete danger walking near roads...runs off without warning, fixates on his obsession, cars...steps out onto oncoming traffic, has no sense of danger, just to name a few.

 

Any help would be appreciated.

[Bazooka Boo]

He is a complete danger walking near roads...runs off without warning, fixates on his obsession, cars...steps out onto oncoming traffic, has no sense of danger, just to name a few.

 

I have a Blue Badge, but don' t drive, due to my disability, and I will probably use my badge 4 times a year, if that!

But it is very welcome when I do need to use it..

 

My only concern is that, the badge is issued for those who have difficulty getting from A to B, so I would be unsure as to your argument of him being a danger near roads, or even running into traffic would qualify for a blue badge, they are issued on the account that the recipient has difficulty in walking great distances and requires to be parked or located near their shop or residence..

 

However, if he is already on the lower rate DLA for mobility, then I see absolutely no question at all for applying for a Badge, I don't think you can write in key words or anything which will persuade them to issue you with a badge, just tell them exactly how he is when you take him out, and the consequences of not being able to get him back into the car ASAP...

 

P.S does he not qualify for the care component of DLA??

Edited August 8, 2009 by Bazooka Boo

[Britainsworstdriver]

On the limited information you have provided, I would not think your son qualifies for the blue badge scheme at all.

 

The scheme is for people who have severe mobility problems and is to minimise their discomnfort by allowing them to park near to shops and buildings they need to visit.

 

You say your son 'runs off' which would suggest that although he may have an attention disorder and may well be a danger to himself, I do not see the connection between that and a blue badge.

 

It is unlikely that any local authority will issue a blue badge to anyone who is not either in receipt of DLA mobility at the higher rate or is the driver of such a person (ie husband/wife/parent etc).

 

You can always try, but the primary thing the LA will look for is a reason why you cannot just park down the road and walk (or run in this case). If it is purely that he may endanger hiumself, then perhaps a restraint of some sort (depending on age of course). If he is an older child they would probably suggest that if you don't think he is safe walking from the car park, that you either drop him off and leave him with someone responsible whilst you park, or have some else drop both of you off (a taxi perhaps).

[Bookworm]

There speak people with no idea of the difficulties faced by parents of an autistic child.

 

I know exactly what you mean, but I have to tell you that this is going to be an uphill struggle.

 

Ok, so first the positive facts: You do not have to be in receipt of the higher rate of mobility to qualify for a BB, and don't let your council tell you otherwise. In fact, local authorities have recently been rapped on the knuckles in no uncertain manner and been reminded that they must assess cases on own merit, not on whether the applicant gets higher mobility or not. Having higher rate mobility means you qualify for a BB, it doesn't mean that not having it disqualifies you from it, as many would have you believe.

 

The bad news is that local authorities and the DWP have a crappy attitude towards autism: out of sight, out of mind seems to be the general attitude.

 

There is case law in the DWP's appeals which confirms that being able to walk or even run is not necessarily a barrier to getting higher rate mobility, the most recent from last month when someone with Crohn's got awarded higher rate mobility on appeal. There are also quite a few cases when SS commissionners have made it clear that it is not only the capacity to walk or run which is to be examined, but also the refusal to walk when nothing can make an autistic person move or at the other extreme, stop them from bolting.

 

I am going to tribunal in 2 weeks time precisely on that issue, I am appealing against my 12 yo's lower mobility rate, and I can tell you that apart from relevant case law, the most convincing argument I have (IMO) is about 8 mns of footage of my son in full meltdown in the middle of the town centre. Let them try and tell me to my face that his difficulties are not extreme faced with that.

 

Although you are fighting your LA, the reasoning that you need to follow is roughly the same, so don't hesitate to do this as if you were going to the DWP.

 

I'll come back in a bit with some relevant case law, and a link to NAS's worksheet to help fight for higher mobility.

 

I got a BB 4 yrs ago, and I can't describe how much easier it has made our life since, being able to park closer to the town centre or the shops. When you have a kicking, spitting, flailing and screaming kid nearly as tall as you to drag back to the car park, I know what it's like, not to mention having the physical space to open the door without me or him bashing other people's cars in the process. :-|

[Bookworm]

Ok, so that's the NAS worksheet (follow the links):

 

The National Autistic Society - DLA: high rate mobility for children with an autism spectrum disorder

[Bookworm]

1: CDLA/0217/2009, confirms that an ability to walk, walk fast or run is not necessarily a barrier to the high rate of mobility being awarded.

 

2: C/DLA/3215/2001 tells us that “children who have normal or above average intelligence can also be considered to have a severe impairment of intelligence if it can be demonstrated that they display a total lack of any sense of danger an inability to calculate risk

 

3: C/DLA/2054/1998 states that: "the tribunal had erred in law in holding that, by taking hold of the claimant’s arm, to stop him causing further complications, the claimant's carer did not physically restrain him within the meaning of the regulations... I consider that physical contact which is necessary and effective to prevent a claimant from causing injury, or damage to property, amounts to physical restraint, irrespective of the degree of force which is needed to achieve that result." Later in this decision, the commissioner goes on to define the term 'requires', stating that this should mean 'reasonably requires' and that the purpose of such intervention must be to prevent physical injury or damage to property from occurring. There is no requirement that injury or damage would inevitably result.

 

4: C/DLA/2054/1998, a commissioner clarified the definition of the word extreme: "The word extreme is an ordinary English word, connoting behaviour which is wholly out of the ordinary. However, the claim is for the mobility component of Disability Living Allowance and it is the claimant's behaviour when taking advantage of the faculty of mobility, generally outside the home environment, which needs to be considered."

 

That should keep you going for a bit. If you need more info, it could be worth your while joining the website "Benefits and works", which costs about £20 for a carer, but which contains quite a few documents from the DWP to help support applications, as well as a forum for members.

 

Good luck, any questions, shoot, and let us know how you get on.

[Britainsworstdriver]

There speak people with no idea of the difficulties faced by parents of an autistic child.

 

 

Don't you just love it when people make assumptions? Especially when they are incorrect.

 

My own brother has an 19 year old autistic son. Since he was around 4 I have personally been very involved in his welfare and his entire situation regarding his abilities and disabilities. I am only to aware of the problems that can be encountered when dealing with an autistic child and the unpredicatbility of their actions sometimes.

 

Perhaps BOOKWORM you will consider that others here may actually know what they are talking about.

[Bazooka Boo]

I too am a little deflated by your comment bookworm, but hey ho, I only gave my personal opinion in an attempt to help, but clearly you don't agree, so I shall let you deal with this then..

[Bookworm]

With due respect to both of you, you both gave a very negative opinion to someone who is already facing a massive battle to get even the basic help. BWD, if you have personal knowledge of autism and the difficulties it entails, then I'm sorry to say I see even less of an excuse for your comments.

 

Maybe I do react strongly, but if my comments and the correct information (and not just personal opinions) help OP to find the strength to fight all the way, then I make no excuses.

[msowing]

Hi

I managed to get a BB for my son, he has autism with severe learning disablities and behavioural problems [including self harming]. My GP had no problem signing the forms for him to qualify for it. He also has higher rate mobility he got a life award when he was 16 yrs old [hes now 22 and has the mind of a 4/5 yr old]. I have an excellent GP who has helped me all the way.

 

I always find its best to fill in the forms thinking of the worst day scinario and I always put it in a simply way I can understand I never tried to be clever in my answers just honest and forthright.

 

Good Luck.