A recent report written by Charlotte Hester for the Shrewsbury Chronicle, spoke about the plight of Sandra Burke, a disabled woman living alone in a three-bedroom house in Shrewsbury, who has had to wait for over two years for suitable adapted Local Authority accommodation. This report promoted Paula Nash, a partner with Lanyon Bowdler, to air her concerns saying “I fear this is the tip of the iceberg in Shropshire and across the UK.”
With government spending cuts in the housing budget of £5.8bn, planned for the period 2011 to 2014; cuts in disability services of £4.4bn and of £819m in children’s services, the situation and plight of individuals like Sandra and, even those with no disability, waiting for the allocation of social housing is only going to get worse.
Paula says “I am first and foremost a clinical negligence practitioner. Over the years however I have become increasingly involved in community care issues, trying to help families with disabled family members (particularly children) gain access to the many services that Local Authorities have a responsibility to provide, which includes housing.”
Paula has seen first hand the difficulties faced by families in gaining access to suitable housing and has, in the past, provided support challenging Local Authority housing policies and decisions. But she says it is an uphill battle “Poor housing has a huge impact on the welfare and wellbeing of the disabled person and their family. My experience is that many people simply do not know what help is available, and sadly are not equipped to deal with and challenge, the assessment process.”
Local Authorities have an enforceable statutory obligation to offer a range of services to meet the requirements of children in need and the disabled. This is a duty which cannot be avoided because of a lack of resources, and it includes appropriate housing. In the case of allocation of housing, Local Authorities are obliged to give preference to individuals needing to move on welfare or medical grounds (Housing Act 1996 Section 167 (2)). In addition to the allocation of homes, families can get support to meet the cost of adaptations to their homes in an appropriate case, through a disabled facilities grant. There is no means test. Discretionary grants are also available. Why is it then, that there are so many reports of families with a disabled family member living in unsuitable housing?
Paula goes on to say “It seems there are difficulties accessing expert advice and information about services. Assessment processes are inadequate and there is a lack of a holistic multi agency approach. Poor housing affects everyone from the disabled person to their family members. For the disabled it can restrict their ability to self care, their independence and even expose them to the risk of injury and destroy their quality of life.”
So what can be done? Paula explains “There is help out there. For the disabled with housing needs there is a legal right to demand a formal assessment from the Local Authority. It is possible to challenge that assessment and complain in an appropriate case, involving the ombudsman. Where a satisfactory outcome cannot be achieved it is possible to make an application to court for Judicial Review, (essentially asking the court to intervene to review whether a decision, action or inaction by a public body is lawful).
“As reported by journalist Charlotte Hester, in the Shrewsbury Chronicle the ‘choose your home scheme’ simply does not work for the disabled, particularly for those who are not existing tenants.
“In common with the majority of Local Authorities in the UK, the Local Authority in Shropshire has little or no housing stock of its own. The majority of the housing stock has been ‘off loaded’ to Housing Trusts, who manage and allocate homes via the operation of a points system and the operation of an internet based ‘choose your home’ scheme, as alluded to by Sandra Burke.”
Paula explains the process “People in need of social housing are required to search for a new home via the internet, and can apply for up to three properties a week. Applications are then considered for an individual property with reference to the points system, and in addition with reference to an assessment of suitability for needs.”
This is where the anomaly lies. If someone is disabled or has a disabled child, it is more likely than not that even if they are at the top of the list in terms of establishing need, any potential property bid for will not be adapted and, in those circumstances, no matter how many houses come up of the requisite size, they will always be assessed by the Housing Trust as unsuitable. Unless an existing tenant, a Housing Trust has no obligation to fund the costs of any necessary adaptations. That responsibility remains with the Local Authority.
There is frequently a one week window for an expression of interest under the choice based schemes nationwide, which affords a disabled person no time at all to liaise with the Local Authority with regard to any adaptation costs, in order to secure funding via a grants system. The disabled are as a consequence frequently turned down for housing on the grounds that, without adaptation, the property is not deemed suitable for their needs. There is in addition a complete absence of housing stock.
All Local Authorities are obliged to have a published housing scheme. Many schemes appear to prejudice those who require adaptations. There is a good argument that this is unlawful, and that Local Authorities should be compelled to adapt their policy, to ensure fair access to housing stock for those requiring adaptation to a property by reason of their disability.
Paula’s answer “The solution is simple, an appropriate system, involving a passport for adaptation costs, being issued to those families with a disabled family member which can be passed to the Housing Trust, and submitted with any bids made for allocation of housing."