RBK Policy on Routine but Sensitive Cases

Discretion and Escalation

General guidance

 We want to make decisions that address the case fairly but with consistency, and that we
are able to back up and justify should the case escalate.
 This is a guidance note which should be followed in the main but you must always consider
the case individually. If something seems exceptional or unusual about the case, discuss the
case with your supervisor/line manager. There is no harm in getting a second opinion.
 If the matters raised do not meet the following criteria, and are not exceptional so as to
make you consider escalation and do not meet another waive or cancellation reason, the
presumption is to uphold the case.
 Evidence should generally be provided to allow the fullest consideration of a case, however,
where a scenario portrayed for a death or a severe medical problem is such that a request
would represent a significant intrusion, this can be waived on the first occasion. However, it
is always the right of officers to request evidence, particularly if there is a doubt on a case.

Categorisation of contravention severity

To ensure that we reflect the hierarchy of severity of traffic and parking contraventions, the
following is the list of severity, from most to least severe, for the purpose of discretion application:

Severity General Description Contravention Codes

Most – danger posed to other
road users
Medium – high likelihood of
disrupting use of the highway
Least – parking contravention
within a place where parking
typically permitted
Note – some codes not currently in use within RBK but typical for London
All moving traffic restrictions, 31, 32, 33, 37, 47, 48, 50, 51,
all highway where stopping is 52, 53, 54, 99
never permitted.
Bus lane, any location where 01, 02, 24, 20, 27*, 28*, 34, 40,
waiting is not permitted, 55, 61, 62, 87, 92
disabled badge holder bays
Places marked for parking but All other codes
where a restriction applies (i.e.
payment/permit needed)

1 - Medical Matters (including mental health) – Presented as reason for Contravention

Scenario Most Medium Least

Severe Severity Severe
1a) Where unexpected or unforeseeable (not an ongoing/recurring Cancel Cancel Cancel
condition) and likely to impair safe driving – Evidence Provided 1st time 1st time 1st time
1b) Where unexpected or unforeseeable (not an ongoing/recurring Refer to Refer to Cancel
condition) but unlikely to impair safe driving – Evidence Provided RBK RBK 1st time
1c) Where evidence is not provided after requested for 1a. scenario Refer to Refer to Refer to
RBK RBK RBK

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1d) Where evidence is not provided after requested for 1b. scenario Uphold Uphold Refer to
RBK
1e) Where an ongoing condition Uphold Uphold Refer to
RBK
1f) Where an ongoing condition and second correspondence received Refer to Refer to Refer to
RBK RBK RBK
1g) Overstay of paid for parking resulting from a medical admission N/A N/A Cancel
1st time
1h) Overstay of paid for parking resulting from overrun of routine N/A N/A Uphold
appointment

2 - Passengers, Children and Dependents

Dependents generally to be parents, children, partner or any person performing similar function in
their life (adoptive parents, grandparents etc).

Scenario Most Medium Least

Severe Severity Severe
2a) Where passenger in unforeseen medical emergency and evidence Uphold Cancel Cancel
provided 1st time 1st time
2b) Where passenger in unforeseen medical emergency and no Uphold Uphold Refer to
evidence provided RBK
2c) Passenger causing distraction in the vehicle (child screaming etc) Uphold Uphold Uphold
2d) Where passenger attending routine/known medical issue Uphold Uphold Uphold
2e) Driving to attend hospital for dependents – dying or critically ill Cancel Cancel Cancel
2f) Driving to attend hospital for dependent – any other reason Uphold Uphold Uphold
2g) Overstay of paid for parking whilst attending hospital to visit N/A N/A Cancel
patient due to sudden, unforeseen admission (including labour) 1st time
2h) Overstay of paid for parking whilst attending hospital to visit N/A N/A Uphold
patient during routine visiting hours

3 - Death

Scenario Most Medium Least

Severe Severity Severe
3a) Death of immediate family within last 7 days, or on day of Refer to Cancel Cancel 1st
funeral RBK 1st time* time*
3b) Death of other person or death for 3a but after timescales given Uphold Uphold Uphold
3c) Where declined under 3a or 3b and second correspondence Refer to Refer to Refer to
RBK RBK RBK

*Where repeated use of death ground found, escalate to management.

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