Gordon CatchloveGordon Catchlove

Fraud Prevention OfficerFraud Prevention Officer

City of Edinburgh CouncilCity of Edinburgh Council

Gordon CatchloveGordon Catchlove

Fraud Prevention OfficerFraud Prevention Officer

City of Edinburgh CouncilCity of Edinburgh Council

INTRODUCTION

OBJECTIVESOBJECTIVESHistoryHistory

Understanding Why We EnforceUnderstanding Why We Enforce

Awareness of Good Practice – Awareness of Good Practice –

• How We EnforceHow We Enforce

• LiaisonLiaison

Understanding of The LegislationUnderstanding of The Legislation

Awareness of the Problems With This Type of EnforcementAwareness of the Problems With This Type of Enforcement

The FutureThe Future

SummarySummary

OBJECTIVESOBJECTIVESHistoryHistory

Understanding Why We EnforceUnderstanding Why We Enforce

Awareness of Good Practice – Awareness of Good Practice –

• How We EnforceHow We Enforce

• LiaisonLiaison

Understanding of The LegislationUnderstanding of The Legislation

Awareness of the Problems With This Type of EnforcementAwareness of the Problems With This Type of Enforcement

The FutureThe Future

SummarySummary

HISTORYHISTORY

Post establish July 2005Post establish July 2005

First Conviction 2006 – Trial Case (Test Procedures)First Conviction 2006 – Trial Case (Test Procedures)

Fully established 2009Fully established 2009

One full time investigator, two part timeOne full time investigator, two part time

Complaints increase in number year on year since Complaints increase in number year on year since being first recordedbeing first recorded

2010 – 1292010 – 1292011 – 1572011 – 1572012 – 72 (to date)2012 – 72 (to date)

Reporting Lost/Stolen badges - 2008Reporting Lost/Stolen badges - 2008

HISTORYHISTORY

Post establish July 2005Post establish July 2005

First Conviction 2006 – Trial Case (Test Procedures)First Conviction 2006 – Trial Case (Test Procedures)

Fully established 2009Fully established 2009

One full time investigator, two part timeOne full time investigator, two part time

Complaints increase in number year on year since Complaints increase in number year on year since being first recordedbeing first recorded

2010 – 1292010 – 1292011 – 1572011 – 1572012 – 72 (to date)2012 – 72 (to date)

Reporting Lost/Stolen badges - 2008Reporting Lost/Stolen badges - 2008

THE DISABLED BLUE BADGE

SCHEME

WHY DO WE ENFORCE THE WAY WE DOWHY DO WE ENFORCE THE WAY WE DO(BACKGROUND)(BACKGROUND)

Blue badge scheme unsustainable (22,000 Blue badge scheme unsustainable (22,000 badges)badges)

Becoming more & more socially acceptableBecoming more & more socially acceptable

Ignorance of the law and the schemeIgnorance of the law and the scheme

Enforcement by other means difficultEnforcement by other means difficult

WHY DO WE ENFORCE THE WAY WE DOWHY DO WE ENFORCE THE WAY WE DO(BACKGROUND)(BACKGROUND)

Blue badge scheme unsustainable (22,000 Blue badge scheme unsustainable (22,000 badges)badges)

Becoming more & more socially acceptableBecoming more & more socially acceptable

Ignorance of the law and the schemeIgnorance of the law and the scheme

Enforcement by other means difficultEnforcement by other means difficult

DISCRETIONARY PARKING

Aims:• What is the Disabled Blue Badge Scheme• Checks• Permitted Parking• No Parking• Offending• Legislation• Blue Badge Identification

WHY DO WE ENFORCEWHY DO WE ENFORCE

Protect the rights of genuine badge holdersProtect the rights of genuine badge holders

Misuse/Fraudulent is a crime - Decriminalised Misuse/Fraudulent is a crime - Decriminalised or notor not

Social inclusion not exclusionSocial inclusion not exclusion

Equality Act compliant Equality Act compliant

Loss of Revenue/Others PayingLoss of Revenue/Others Paying

WHY DO WE ENFORCEWHY DO WE ENFORCE

Protect the rights of genuine badge holdersProtect the rights of genuine badge holders

Misuse/Fraudulent is a crime - Decriminalised Misuse/Fraudulent is a crime - Decriminalised or notor not

Social inclusion not exclusionSocial inclusion not exclusion

Equality Act compliant Equality Act compliant

Loss of Revenue/Others PayingLoss of Revenue/Others Paying

THE DISABLED BLUE BADGE SCHEME

• National Scheme – April 2000• Issued to person not vehicle• Issued to Organisations• Display• Application via the Council• Scheme administered by Council• Misuse• Quarter of all badges in UK Scottish• Foreign badges and badge holders

How We EnforceHow We Enforce

Reports to the Procurator Fiscal - PrimaryReports to the Procurator Fiscal - Primary

Joint operations – High Profile PatrolsJoint operations – High Profile Patrols

Removals – Fake/Forged Badges)Removals – Fake/Forged Badges)

Penalty Charge Notice (Parking Ticket)Penalty Charge Notice (Parking Ticket)

Warning Letters – All Ways Upon ChargingWarning Letters – All Ways Upon Charging

Badge Seizure – Always (Police Presence)Badge Seizure – Always (Police Presence)

Through administration – Desk top assessmentsThrough administration – Desk top assessments

How We EnforceHow We Enforce

Reports to the Procurator Fiscal - PrimaryReports to the Procurator Fiscal - Primary

Joint operations – High Profile PatrolsJoint operations – High Profile Patrols

Removals – Fake/Forged Badges)Removals – Fake/Forged Badges)

Penalty Charge Notice (Parking Ticket)Penalty Charge Notice (Parking Ticket)

Warning Letters – All Ways Upon ChargingWarning Letters – All Ways Upon Charging

Badge Seizure – Always (Police Presence)Badge Seizure – Always (Police Presence)

Through administration – Desk top assessmentsThrough administration – Desk top assessments

THE DISABLED BLUE BADGE SCHEMECHECKS

Front:• Expiry• Issuing Authority• Serial Number• Hologram – Older

style badges

Reverse:• Photograph• Surname• Forename• Signature

LIAISON – JOINED UP THINKINGLIAISON – JOINED UP THINKING

Procurator Fiscal – Meetings/AdviceProcurator Fiscal – Meetings/Advice

Lothian and Borders Police – Lothian and Borders Police – Safer Neighbourhood Teams – Intelligence exchange/ Safer Neighbourhood Teams – Intelligence exchange/ Assistance a point of ChargingAssistance a point of ChargingVehicle Checks via PNCVehicle Checks via PNC

DWP – DLA InvestigatorsDWP – DLA Investigators

Parking Contractor - NSLParking Contractor - NSL

Other Local Authorities – Enquiries/Advice/TrainingOther Local Authorities – Enquiries/Advice/Training

LIAISON – JOINED UP THINKINGLIAISON – JOINED UP THINKING

Procurator Fiscal – Meetings/AdviceProcurator Fiscal – Meetings/Advice

Lothian and Borders Police – Lothian and Borders Police – Safer Neighbourhood Teams – Intelligence exchange/ Safer Neighbourhood Teams – Intelligence exchange/ Assistance a point of ChargingAssistance a point of ChargingVehicle Checks via PNCVehicle Checks via PNC

DWP – DLA InvestigatorsDWP – DLA Investigators

Parking Contractor - NSLParking Contractor - NSL

Other Local Authorities – Enquiries/Advice/TrainingOther Local Authorities – Enquiries/Advice/Training

LEGISLATION/OFFENCESLEGISLATION/OFFENCES

Regulation of Investigatory Powers (Scotland) Act 2000 – Covert Regulation of Investigatory Powers (Scotland) Act 2000 – Covert SurveillanceSurveillance

Chronically Sick and Disabled Persons Act 1970Chronically Sick and Disabled Persons Act 1970

Road Traffic Regulation Act 1984 – Sect’s 115 & 117Road Traffic Regulation Act 1984 – Sect’s 115 & 117

Disabled Persons (Badges for Motor Vehicles) (Scotland) Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 – As amendedRegulations 2000 – As amended

Common Law FraudCommon Law Fraud

Theft By FindingTheft By Finding

LEGISLATION/OFFENCESLEGISLATION/OFFENCES

Regulation of Investigatory Powers (Scotland) Act 2000 – Covert Regulation of Investigatory Powers (Scotland) Act 2000 – Covert SurveillanceSurveillance

Chronically Sick and Disabled Persons Act 1970Chronically Sick and Disabled Persons Act 1970

Road Traffic Regulation Act 1984 – Sect’s 115 & 117Road Traffic Regulation Act 1984 – Sect’s 115 & 117

Disabled Persons (Badges for Motor Vehicles) (Scotland) Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 – As amendedRegulations 2000 – As amended

Common Law FraudCommon Law Fraud

Theft By FindingTheft By Finding

AWARENESS OF THE PROBLEMS WITH THIS TYPE OF AWARENESS OF THE PROBLEMS WITH THIS TYPE OF ENFORCEMENTENFORCEMENT

Manpower resources – corroborationManpower resources – corroboration

Time consuming – surveillance/paper work etcTime consuming – surveillance/paper work etc

EquipmentEquipment

Lack of compensationLack of compensation

Number of complaints – too many to actively Number of complaints – too many to actively investigator (prioritise)investigator (prioritise)

Changes in law/legislation – 2010/2011Changes in law/legislation – 2010/2011

MoneyMoney

THE FUTURETHE FUTURE

Increase number of full time investigatorsIncrease number of full time investigators

Shared service with neighbouring authoritiesShared service with neighbouring authorities

Potential Changes in the law – Cadder Case/Carloway Potential Changes in the law – Cadder Case/Carloway reportreport

Increase productivity!!!!Increase productivity!!!!

THE FUTURETHE FUTURE

Increase number of full time investigatorsIncrease number of full time investigators

Shared service with neighbouring authoritiesShared service with neighbouring authorities

Potential Changes in the law – Cadder Case/Carloway Potential Changes in the law – Cadder Case/Carloway reportreport

Increase productivity!!!!Increase productivity!!!!