Blue Badge scheme “risk in traffic” eligibility criterion information: FOI release

Information requested

You asked for further 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

Part A

1. Please provide the following information relating to the blue badge scheme in Scotland, covering the period from 24 July 2025 to the present date (29 August 2025):

a. All impact assessments carried out by or on behalf of the Scottish Government relating to this eligibility route since its introduction, including:

b. equality impact assessments (EQIA);

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.

c. 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.

d. Fairer Scotland duty assessments (s1 Equality Act 2010);

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

e. 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;

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

c. cross-government alignment on disability access and anticipatory support;

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

d. engagement with, and consideration of, the concerns raised by Stronger Together for Autism and Neurodivergence SCIO about the risk in traffic guidance.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Part B

5. Any communications with legal advisors, whether SGLD or otherwise, by Transport Scotland’s policy officials in relation to the advice mentioned in Appendix 2 of the August FOI Response that was relied upon and/or cited to the private office of the Minister for Mental Wellbeing and Social Care (including requests for such advice or discussions about whether such advice was sought), in particular, the advice mentioned in the email from the CAMHS and ND Improvement Team in the Directorate for Mental Health dated 7 April 2025. While I acknowledge the existence of the exemption in section 36 of FOISA, I believe there is a strong public interest in knowing, at the very least, whether legal advice was actually sought and received in this case. I assume the reason for this is clear to anyone reading the correspondence in Appendix 2, but I am happy to expand on this if not.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) was applied to the previous request. This new request questioning the response will be considered and responded to via an internal review. You will receive a separate letter with the outcome of this review (reference number 202500484955).

6. Any data held by Transport Scotland that relates to whether there is a lack of available parking in Scotland to blue badge holders.

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 are responsible for on-street parking, you may wish to contact relevant local authorities for further information.

7. The baseline figures for “risk in traffic” blue badge applications that underpin the information shared by Transport Scotland in Appendix 2 of the FOI Response that there has been a 32% increase in “risk in traffic” applications, as cited in the email dated 17 April 2025.

The baseline statistics referenced relate to the total number of live Blue Badges issued in Scotland under the “Risk in Traffic” criteria, not the total number of applications received.

The baseline figures used to calculate the 32% increase in Blue Badges issued under the “Risk in Traffic” (RIT) criteria over the past 15 months are:

• December 2023: 2248 live badges under RIT
• March 2025: 2971 live badges under RIT

8. Any data, policies, internal or external correspondence or other documentation used by Transport Scotland when assessing which cohorts of applications have a greater or lesser “requirement” or “need” for a blue badge, in the context of the following extracts from the email dated 17 April 2025.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

9. Any internal Transport Scotland documentation, reports, or communications that outline the rationale for discouraging the exercise of discretion afforded to local authorities under regulation 4(3B) in the Code of Practice.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

10. Information about the constitution of the IMA Steering Group, as referred to by Transport Scotland in Appendix 2 of the August FOI Response, including the professions of the assessors who are part of that group.

The IMA Steering Group consists of four qualified Lead Occupational Therapists. The IMA Steering Group coordinate their own peer support for Scottish IMAs. This is not a formal Transport Scotland group and as such, Transport Scotland does not hold a terms of reference for this group.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

11. Any meeting notes, telephone notes, internal and external correspondence or other documentation relating to the consultation that took place with the IMA Steering Group as mentioned in the emails from Transport Scotland in Appendix 2 to the August FOI Response.

The requested information is attached in appendix 1 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.

12. Any internal Transport Scotland communications or guidance provided to local authorities regarding the content to be displayed on their websites concerning the "risk in traffic" blue badge criteria, especially regarding the diagnosis requirement or the concept of "forthcoming diagnosis."

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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.

FOI 202500482421 - Information Released - Appendix 1

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