Chamber and committees

Part 2 of the Human Tissue Act (Scotland) 2006 makes provision for post-mortem examinations for non-suspicious deaths including the requirement that any hospital-arranged post-mortem may only be carried out if authorisation is obtained from the nearest relative of the deceased or the deceased themselves in advance of death.

Failure to comply with the 2006 Act is an offence. Any authorisation given under the 2006 Act may also include such conditions as the party authorising the matter specifies, such as agreement to retain tissue samples as part of the medical record. It is the duty of those carrying out any authorised activity to do so, in so far as reasonably practicable, in accordance with the specified conditions.

The consent of the nearest relative is not required for a Procurator Fiscal-instructed post-mortem, however the views of the family will be taken into account when making a decision on whether or not to instruct a post-mortem.

The reapplication process is required by the legislation, with the maximum period of issue for a Blue Badge being 3 years. This mitigates the potential for fraudulent applications being submitted and ensures that local authorities meet the needs and demands of future audits.

At a minimum of every 3 years, local authorities need to be satisfied that existing Blue Badge holders continue to reside in the same local authority area and still meet the eligibility criteria. This helps to ensure that the Blue Badge, an extremely valuable concession, is protected from misuse and fraud.

Transport Scotland recommends that applicants who have previously been assessed by a regulated healthcare professional and have been deemed as requiring no further assessment for future badge applications should be able to experience a quicker and easier process when they come to re-apply for a blue badge.

It is recommended that the local authority or regulated healthcare professional should make eligible applicants aware of their ‘not for reassessment’ status after the assessment process has been completed. Following this process, eligible applicants can reapply by completing the ‘Not for Reassessment’ (NFR) application form issued by their local authority.

In 2022-23, Transport Scotland undertook a desk-based review of each Scottish local authority’s application process. Based on the findings, Transport Scotland provided local authorities a list of recommendations, including improved signposting, considerations for applicants requesting paper applications, regular updates on estimated waiting times and publicising the consequences of Blue Badge misuse.

Transport Scotland continues to work closely with local authorities, DfT and Social Security Scotland to continually improve the online application process. More recently, this has resulted in the successful introduction of new Social Security Scotland benefits and their eligibility towards Blue Badge.

Delivery of the Blue Badge scheme is the responsibility of local authorities. Transport Scotland does not formally evaluate local authority operations surrounding the scheme.

The National Transport Accessibility Steering Group brings together Transport Scotland officials and stakeholders (Regional Transport Partnerships, Community Planning Partnerships, transport operators and Disabled People’s Organisations) to support the delivery of the Accessible Travel Framework (ATF). Workstream 4 of the ATF delivery plan seeks to ensure there is continuous improvement in the delivery of the Blue Badge policy.

Transport Scotland does not hold data on rejections or referrals so would be unable to provide the proportions as requested. However, this information would be held by individual local authorities.

Delivery of the Blue Badge scheme is the responsibility of local authorities. While Transport Scotland does not formally assess Blue Badge delivery, officials regularly engage with local Blue Badge teams and stakeholders to encourage a consistent approach to Blue Badge delivery across Scotland.

Transport Scotland considers it good practice for local authorities to refer applicants for an independent mobility assessment, if that is required to make a clear and robust decision on eligibility.

An independent mobility assessment should be conducted by a regulated healthcare professional, such as an occupational therapist, who acts upon the instruction of the local authority to provide an assessment of blue badge entitlement.

Occupational therapists or physiotherapists are best placed to assess an applicant's eligibility, (independent of the applicants GP) due to their specific training courses, accredited by their professional bodies and subsequent registration with the Health & Care Professions Council (HCPC).

Transport Scotland does not collect data on the numbers of assessors or their training records. This information would be held by individual local authorities.

Transport Scotland does not hold this data. This information would be held by individual local authorities.

A core principle of the Blue Badge scheme in Scotland is that access to the scheme is based on the applicant’s functional mobility, whether visible or not, and it is important to note that people with fluctuating conditions or hidden disabilities can apply under the eligibility criteria in the same way as people with visible disabilities. There are no plans to change or expand the eligibility criteria for Blue Badge.

Occupational therapists or physiotherapists are the professions involved in Blue Badge assessments and are best placed to assess an applicant's eligibility, due to their specific training courses, accredited by their professional bodies and subsequent registration with the Health & Care Professions Council (HCPC).

Transport Scotland does not collect data on the numbers of assessors or their training records. This information would be held by individual local authorities.