The local authority has removed blue badge parking. Many disabled are people now unable to access services and local community. We are now isolated and lonely. Is this a breach of human rights.
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Hi Mary,
Thank you for your question.
Local authorities are public bodies and the Human Rights Act says they have a legal duty to respect and protect human rights in everything they do, every day. If a local authority has decided to remove blue badge parking, this could have an impact on people’s ability to live independently, attend appointments, see people who are important to them, and be part of their community.
Article 8 of the Human Rights Act protects our right to respect for private and family life, home and correspondence – you can find out about this right here. The private life part of this right covers things like wellbeing, autonomy, forming relationships with others and taking part in our community. Article 8 is a non-absolute right, which means that public bodies can make decisions or take actions which limit this right in certain circumstances as long as their decision is lawful, for a legitimate aim, and proportionate, i.e. the least restrictive option. We call this the three-stage test.
Article 14 of the Human Rights Act also protects our right to be free from discrimination when enjoying our other rights. You can find out about this right here. Discrimination could occur if a public body is treating people differently and they cannot objectively and reasonably justify this, or if a public body is applying the same rules to everyone when they have a worse impact on some people. This right could be relevant here. To use this right, it has to be joined onto another right in the Human Rights Act, such as Article 8.
If you think the local authority has not respected or protected human rights by removing blue badge parking, you could use human rights to challenge their decision-making. Click here for more information about how to raise a human rights issue.
I hope that helps.
Annie
Annie - BIHR Answered question