FOI/202500477280 · FOI · clarification
Blue Badge scheme “risk in traffic” eligibility criterion information: FOI release
Information requested
Information in relation to the Blue Badge scheme in Scotland, specifically the “risk in traffic” eligibility criterion introduced via the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (SSI 2016/72).
Response
Please provide the following in relation to the Blue Badge scheme in Scotland, specifically the “risk in traffic” eligibility criterion introduced via the Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2016 (SSI 2016/72):
1. All impact assessments carried out by or on behalf of the Scottish Government relating to this eligibility route since its introduction, including:
a. equality impact assessments (EQIA);
While the EQIA was conducted prior to the introduction of the regulations, the information you have requested is available on the Transport Scotland website here: Blue Badge Scheme Equality Impact Assessment | Transport Scotland. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact us again and we will send you a paper copy.
b. child rights and wellbeing impact assessments (CRWIA or UNCRC assessments);
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, we enclose a copy of the CRWIA screening that was conducted prior to introduction. A copy of which is in appendix 1.
c. Fairer Scotland duty assessments (s1 Equality Act 2010);
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
d. any other impact assessments relating to the impact of the policy on neurodivergent children (e.g. those with autism or ADHD).
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
2. Any updates, reviews, or monitoring documents addressing whether the scheme continues to meet its stated objectives, especially in relation to:
a. changes in diagnostic pathways for autism and ADHD since 2016;
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
b. the impact of delays or shifts toward non-diagnostic neurodevelopmental pathways in NHS boards (e.g. NHS Ayrshire and Arran);
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, you may wish to contact the relevant Health Board for further information.
c. accessibility and take-up by children awaiting diagnosis or without access to healthcare professionals.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, as Scottish local authorities have the responsibility of delivering and administering the scheme, you may wish to contact the relevant local authority for further information.
3. Any data, evidence or analysis held or used by the Scottish Government to assess:
a. whether requiring a formal diagnosis (or evidence of a forthcoming diagnosis) for eligibility remains proportionate;
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
b. the potential exclusionary effect of this interpretation on children with undiagnosed neurodevelopmental conditions;
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
c. the impact of the lack of proper information being shared with parents and carers to highlight that they can and should still apply for the risk in traffic blue badge even if the child does not have a diagnosis;
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, as Scottish local authorities have the responsibility of delivering and administering the scheme, you may wish to contact the relevant local authority for further information regarding their promotion of Blue Badge.
d. the potential risk to life or wellbeing posed by refusal of access to a Blue Badge in cases where a child lacks awareness of danger in traffic but is not on a diagnostic pathway.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, as Scottish local authorities have the responsibility of delivering and administering the scheme, you may wish to contact the relevant local authority for further information.
4. Any internal communications, meeting notes, or policy review documents (from January 2023 to present) discussing the operation of the risk in traffic route in the context of:
a. the Neurodevelopmental Specification (2021);
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
b. Scottish Government policy that support for neurodevelopmental conditions should not be contingent on diagnosis;
The requested information is attached in appendix 2 of this response. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under the following:
An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, e.g. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) also applies to some the information requested because it is legal advice and disclosure would breach legal professional privilege. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
c. cross-government alignment on disability access and anticipatory support;
The requested information is attached in appendix 2 of this response. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under the following:
An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, e.g. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) also applies to some the information requested because it is legal advice and disclosure would breach legal professional privilege. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
d. engagement with, and consideration of, the concerns raised by Stronger Together for Autism and Neurodivergence SCIO about the risk in traffic guidance.
The requested information is attached in appendix 2 of this response. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under the following:
An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information requested because it is personal data of a third party, e.g. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) also applies to some the information requested because it is legal advice and disclosure would breach legal professional privilege. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
Policy context
Local authorities hold statutory responsibility for the day-to-day administration and enforcement of the Blue Badge scheme in Scotland. They are also accountable for establishing and implementing procedures that align with the legislation governing the Blue Badge scheme.
Transport Scotland does not have a statutory obligation to issue guidance to local authorities regarding the Blue Badge scheme, and there are no plans to introduce statutory guidance in this area. It remains the duty of each local authority to ensure that Blue Badges are issued solely to residents within their area who meet the eligibility criteria as defined in the legislation. Transport Scotland cannot provide individual legal advice to local authorities or applicants concerning the interpretation of the legislation underpinning the scheme. Where legal clarification is required, local authorities should seek advice from their own legal services.
Nonetheless, Transport Scotland continues to review and update its non-statutory guidance with the aim of promoting best practice and fostering a consistent approach to the administration and delivery of the scheme across Scotland.
Looking ahead, Transport Scotland will continue to work in partnership with stakeholders and colleagues across the Scottish Government to undertake a review of the existing guidance provided to local authorities.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. child rights and wellbeing impact assessments (CRWIA or UNCRC assessments); This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. changes in diagnostic pathways for autism and ADHD since 2016; This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.