From April 1, the requirement for NHS Trusts and Foundation Trusts to provide free car parking for all NHS workers in England has been withdrawn.
Trusts and Foundation Trusts are now required to follow the NHS car parking guidance that was originally published in 2021. This requires free car parking to be provided, as mandatory, for the four groups identified as those with greatest need. Staff working night shifts (defined as those with a shift starting after 7.30pm and ending before 8am) are one of these groups and must receive free parking for the duration of their shift.
The other three groups are: disabled people holding a valid Blue Badge whilst attending as a patient or visitor for the duration of their attendance, as well as disabled employees whilst at the hospital for reasons pertaining to their employment; frequent outpatient attenders, defined as those who attend a hospital appointment at least three times in a month (30 days) for a period of at least three months; and parents or guardians of a sick child (aged under 18) staying overnight between 7.30pm and 8am whilst visiting the child and limited to two vehicles.
Voluntary elements from the 2015 principles remain voluntary, but Trusts are encouraged to implement them where possible. These expect Trusts to work with patients, staff, local authorities and public transport providers to ensure users can get to the site, and park if necessary, as safely, conveniently and economically as possible. If charges are made they should be reasonable for the area, and concessions, including free or reduced charges or caps, should be available for visitors with relatives who are gravely ill or their carers, visitors to relatives who have an extended stay in hospital or their carers, and carers of people in these groups where appropriate.
Trusts should also consider ‘pay on exit’ or similar schemes so drivers pay only for the time they have used, with additional charges only imposed where reasonable. Any such charges should be waived when overstaying is beyond the driver’s control – such as treatment taking longer than planned or staff working beyond their scheduled shift.
There is also a reminder that NHS organisations are responsible for the actions of private contractors running or managing car parking on their behalf and should act against rogue contractors in line with the relevant codes of practice.
New Private Parking Code of Practice
In addition to the codes of practice provided by the two trade associations, with which private contractors who are members are expected to comply, the government has published a Private Parking Code of Practice, which organisations are expected to follow, and which will come into full force in 2024 when it will replace the existing arrangements.
The new Code of Practice, published by the Secretary of State for the Department of Levelling Up, Housing and Communities, sets out straightforward rules for private parking companies to follow. It is not exclusive to the NHS, but applies to private parking companies managing parking on controlled (usually private land). The Code will apply to private parking companies to improve standards and provide consistency for motorists across Britain.
One of the requirements of the new Code of Practice is that private parking charges should be brought in line with local authority charges. Another is a single appeals service. Because these requirements, and other changes in the new Code of Practice may take some time to implement, there will be an adjustment period during which time providers are expected to comply with as many of the new rules as possible ahead of full compliance in 2024.
