Rights for this disabled man regarding housing?

Lobell

The first thing you need to do is establish if he has made an application for housing with the local authority. Then, he needs to make an application under homeless legislation (can be done simultaneously with the housing application if one hasn't already been made). Although, if he has been made the offer of temporary hostel accommodation, it sounds like he may have already spoken to someone about homelessness.

Presuming that he is found to be unintentionally homeless, his disability should mean that he will be found to be in priority need for housing. A housing visit should be completed and he needs to be upfront and honest about his mobility difficulties when the questions arise - this will ensure that he is considered only for accommodation that will be suitable for him (i.e. ground floor or a flat with lift access).

Do be aware, however, that 'priority need' does not always mean that accommodation will be found immediately as there is a chronic shortage of social housing and the fact that he needs a particular type of accommodation narrows the field further. It sucks, but that's the reality.

He may also wish to consider renting privately...he should be entitled to claim LHA for a one bedroom flat and it's likely to be a much quicker route into suitable accommodation for him.

Hi call social services who need to come out to see him. As with another poster on this site he will be classed as a vulnerable adult;
A vulnerable adult is defined in 'No Secrets' (the Government's Guidance on Adult Abuse) as: - 'a person aged 18 years or over, who is in receipt of or may be in need of community care services by reason of 'mental or other disability, age or illness and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation'

I'm not sure how you can say for certain that he WILL be classed as a vulnerable adult. From the OP, I can see nothing to suggest that he cannot take care of himself or is unable to protect himself from harm or exploitation. Physical disability does not automatically mean that someone is 'vulnerable' in terms of not being able to protect themselves from abuse.

pipkin71

Due to problems with my spine, I struggle at times with the stairs at home, and although I am waiting to move, there is a shortage of adapted poperties, so we have to wait.

If your friend is saying he can cope, they wont rush to help him. In fact, I remember a case in Worcester where a woman had a top floor flat and couldn't get out. It took her going to the papers before Wyre Forest agreed to move her.

There is a shortage of suitable housing, and that does have an affect.

Phone shelter. See if you can act as your friend's advocate and approach the council. Above all, good luck for your friend

Jojo_the_Tightfisted

But be prepared for Shelter to say they don't get involved with disability issues, and Disability organisations to say they don't touch housing issues. Which is very helpful.

There may be a local housing aid society though.

The local councillors or MP are a good bet, as they will act on the fact he has already been turned away by the local authority.

mandyboops1973

I have established that he has not offcialy made a housing claim with the counsil, he has been in to speak to them but not filled in any forms or given his name and addresse.

He has told them them about his disablity and that to climb and decend the stairs causes him server discomfat and he dose not feel safe tackling the stairs alone.

Despite this the have still told him he would not be considerd for rehousing due to him having a place to stay and been able to MANAGE the stairs. so it appears that although he suffers sever discomfat pain and is not confident tackling the stairs alone which untimitley make this a danger to him aslong as he can physicaly drag him self up the stairs pain and discomfut is irrelevent.

im sure there are people who could possibley get run over by a car brake both legs and arms that if they absolutly had to could MANAGE to crawl back up the stairs to their home.

This is where i feel this is wrong, he should not in have to go suffer sever discomfat and pain simply climg the stairs to his home. weather he can mange it or not its unfair and dangerous.and is likley to worsen his already ill health

not only this but the home is also over crowded its a 1bed room flat that is not his,

How would i go about contactng my local mp? and is there anybody else i can speak to who can write / talk to the counsil on his behalf?

I know wating lists are at an all time high so i would like to get as much support and backup behind him as possible so less chance of him just been pushed aside.

jazabelle

Anyone can go on the register, it doesn't matter who they are or what the issue is. I don't think you or he have been given the right information here.

At this point, you just simply want to be put on the register, you can worry about placing once he is on it.

I mean, you can have every MP in the county backing you up, but until he is on the register, there is nothing a council can do.

Every council has a different system for prioritising, some have waiting lists or points-based systems, others have bandings (e.g. homeless people get band a, medical need a band b, etc) - so it depends. This is when you need medical evidence etc, to move him up the list, or get him a higher band. I would refer him to social services (he can do this himself), so an occupational therapist can assess him and write a housing needs report. They can also supply him with equipment and help for within the house, as an added bonus.

I don't think you need the help of your MP at this point, to be honest. If he hasn't put himself on the register, that is all the MP will be able to tell you to do.

mandyboops1973

I have arrange to go with him on monday morning to officaly get him on the register.

What kind of medicle evidence are we talking here? the only thing he has at home is his dla award letter, im sure there would be no problem getting a list of his medicle conditons from his gp tho!
i think our local counsil uses the banding system, (birmingham) what happend once you have filled in the nessesary forms and your on the register? what happens next will they contact you regularly or do you need to contact them?

people have said you need to keep getting on to them to stand a better chance so i assume there are people who allocate the properties that can move things on if they realy want to?

I just dont want to take him in fill in the forms and be left wating with nobody really trying to help if there is things i can do to push things along.

I will also look into social services

thanks for all the replys the really are helping!

jazabelle

Medical evidence would be a letter from his GP saying he has mobility trouble due to x condition, a report from social services, and a copy of his DLA award letter, etc. Things like that. Consultants letters are great too.

Not sure what will happen, because every council is different.

I asked for the medical form, which I filled in, gathered all my medical evidence and then it went to the medical panel after about two weeks, then they wrote to me to tell me what my new banding was.

Birmingham social services is called Adults and Communities, and this link will hopefully take you to the how to contact them for physical disabilities. http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Adults-and-Communities-General%2FPageLayout&cid=1223092710576&pagename=BCC%2FCommon%2FWrapper%2FWrapper#Physical_Disabilities_Service

You need to ask for an assessment and housing needs report.

Well, there is no point getting on at them until you've done what you need to do (well him, not you personally) - which is get on the register, ask what their process is to get medical priority and then follow what they say it is. Once you've done all that, then it will depend what their system is. At my council you choose which property you want and bid on it. The person with the highest priority is then offered it. If they go and look at it, and don't want it, it moves down to the next person and so on. With a system like that it's all in your hands, so no need to pester. But no idea what their system is.

Good luck!

jox_2

Hi so nice to see people so willing to help others, i wish i had sombody like you around a few years ago.

I deffinetly think in this situtation your friend should have a high priority and hopefully should not take too long for them to re house him to a more suitable property, i think the fact that him using the stairs in very dangerous and also a fire hazard they should deffinetly look after him.

i have a friend who lives in birmingham and im sure they do use the bidding system based on bandage.

http://www.urbanchoice.org.uk/

i think this is the site for actual bidding in birmingham might be worth a shot.

good luck let us know how you get on.

Savvy_Sue

krisskross wrote: »

How has he come to be homeless?

The local Authority may consider he has made himself homeless (like being evicted for non payment of rent) and have no duty to assist.

A key question!

mandyboops1973 wrote: »

Despite this the have still told him he would not be considerd for rehousing due to him having a place to stay and been able to MANAGE the stairs. so it appears that although he suffers sever discomfat pain and is not confident tackling the stairs alone which untimitley make this a danger to him aslong as he can physicaly drag him self up the stairs pain and discomfut is irrelevent.

But he has given them those two pieces of information. Council officials have never been known for their mind-reading skills, and can only act on the information your friend provides. As long as he says he is OK to stay with his brother, he is OK to stay with his brother!

mandyboops1973 wrote: »

This is where i feel this is wrong, he should not in have to go suffer sever discomfat and pain simply climg the stairs to his home. weather he can mange it or not its unfair and dangerous.and is likley to worsen his already ill health

Yes, but again, they cannot possibly know these things if he does not tell them. It may be unfair, and it may be dangerous, but they cannot act on information they do not officially have!

mandyboops1973 wrote: »

not only this but the home is also over crowded its a 1bed room flat that is not his,

This is not necessarily overcrowding in the technical sense.

More importantly, is his brother renting this flat? And does his tenancy agreement allow for someone else staying for more than a few nights? Because if not, then the brother's tenancy is seriously at risk of eviction, which helps neither of them. In which case, writing a letter to your friend saying that he must move out by X date would improve your friend's chances of getting housed quickly, although it might initially be in B&B accommodation, and only then IF he's accepted as being vulnerable.

How old is your friend? (It may change the situation.) And please, do you know why he became homeless - again it may change the situation!

Ruby_Moon

The other question that is important is how old is he?