Policies and complaints

On each application, you must select the category or categories that you feel your disability matches. We will only consider the category you have applied for when making our decisions, undertaking reviews, or for stage 2 appeals.

This policy covers the process and arrangements for you to request a review or appeal against the refusal of applications for:

• Blue Badges
• Disabled Person Freedom Passes
• Disabled Person Taxi-cards

It follows the Department for Transport's guidance and two-stage process that can be used after you receive the letter from us, that states the reasons and the legal basis for the refusal.

First stage

You have the right to request a review of a refusal decision within 28 days of the decision. Any requests received after 28 days will be reviewed on an individual basis, and will be accepted at the discretion of the Concessionary Travel Team Manager. The request should be made in writing, or verbally if there are problems with literacy, language or physical limitations, and state the basis for requesting a review.

This may include:

• your view as to why the application should be approved
• your view on what the council has not considered in making its decision
• any additional information that did not accompany the original application and submission

Categories for requesting a review may include:

• medical evidence not considered in full
• process errors or omissions
• discriminatory application of the Transport for London or other guidance

This review will be considered by a different officer in the travel service team who was not involved in the original decision. The reviewing officer will consider information that relates to how any health condition, or other information, impacts your ability or eligibility to receive the concession. 

New and material information submitted

If in the reviewing officer's opinion, when looking at the review request, you have supplied new information which is material (i.e. relevant to the eligibility criteria you applied under), they should notify you accordingly.

We will then withdraw our original decision to refuse the application and undertake a fresh assessment. Once that fresh assessment has been completed, a new decision will be issued. If the new decision is a refusal, you retain your right to request a review. 

No new and material information submitted

If there is no new material information, the reviewing officer will start their review. They can seek further advice from colleagues inside and outside the council. After completing their review, a decision will be sent out in writing to you. In normal circumstances we aim to respond within 28 days of any review being received.

If the reviewing officer's decision is to refuse the application, the decision letter must advise you about your right to make a stage 2 appeal and the process to do so.

The stage 2 appeal request should be made in writing unless there are extenuating circumstances for it to be taken verbally. In normal circumstances you have 28 days from the receipt of the review refusal letter to request a stage 2 appeal. If you submit a stage 2 appeal beyond that date you need to have significant reasons why you were not able to meet the deadline and be prepared to offer evidence to support the reason(s).

Stage 2 appeals

Upon receipt of the stage 2 appeal request, the Concessionary Travel Team Manager will review the submission and consider if you have supplied new information which is material (i.e. relevant to the eligibility criteria you applied under).

New and material information submitted

We will notify you accordingly, withdraw our previous review decision to refuse the application, and undertake a fresh review. The papers will be returned to the stage 1 reviewing officer to undertake a fresh review. 

Once that fresh review has been completed a new decision will be issued. If the new decision is a refusal, you retain your right to refer your case to the Ombudsman.

No new and material information submitted

A senior managers panel will be arranged. These are scheduled monthly to discuss all stage 2 appeals received.

The senior managers panel will have access to the relevant papers involved in the case and they can call on advice and information from other colleagues inside and outside the council. This includes the NHS and other statutory organisations.

The panel will normally consist of the following 3 senior officers (a minimum of 2 is legally required):

• Head of Resident Access
• Complaints Manager
• Concessionary Travel Team Manager

Having reviewed the papers and discussed the case in detail, the panel can make one of three decisions:

1. Uphold the appeal and issue or reissue the relevant concession.
    
2. Uphold the refusal decision and confirm the reasons why the appeal was not upheld, and inform you of your rights if you disagree.
    
3. Put a decision on hold, while awaiting further information from you, someone working on your behalf, or from others who may be able to advise on the implications of not issuing the concession.

This stage is the final level within the Department for Transport guidance. Any letter following on from this will inform you of what action you can take.

For example, if the stage 2 appeal is not upheld, you have the right to refer your case to the Ombudsman. How you can do this is below under the heading "Local Government Ombudsman."

You will be encouraged to re-apply if your circumstances or condition changes. Any future application will be considered on its merits at that time.

Local Government Ombudsman

If you do not think we have applied our policy in the correct manner, you can refer your case to the Local Government Ombudsman. You can ask that they review how we have managed your appeal.

The Ombudsman would not normally review our decision-making, but the manner in which the decision was made.

The Ombudsman's contact details are listed below.