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Housing association saying 'no' to therapy dog
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Sending it to the MP has no bearing on any future case for the ombudsman. You can take any issue to the ombudsman, so long as you have exhausted the HA's complaints policy first.
It does have some bearing. Once the complaints procedure is exhausted, the ombudsman can look at the case immediately if referred by an MP. If not referred by an MP you have to wait eight weeks.0 -
Therapy dog is not the same as say a guide dog which is essential for someone to function and do their daily rounds.
You have to see the other side and what is written on the contract. Doesn't matter what others have, you must give a more compelling reason than a GP letter. I am sure a GP would agree that a 7 day trip to the Bahamas would do wonders for my mental health too and would write a letter to support this, doesn't mean I will get it."It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Disability legislation does not apply.
It does apply (given that the tenant appears to be disabled), the question is whether or not it's a reasonable adjustment which the landlord is obliged to make. That may not be as clear-cut as it would be with an assistance animal, but they still need to justify their refusal.0 -
This isn't a therapy dog, its a pet, actual therapy dogs are available for those who meet certain criteria, these can still be refused as they are not offered any protection.
If they believe a dog would help they could sign up to dog walking services like borrow my dog and also the cinnamon trust.0 -
pmlindyloo wrote: »Just my suggestions - hope they make sense!
Only other thing that might be worth adding is your willingness to 'oversee purchase/puppy training etc etc
These are good suggestions.
I must just say that I've kept names out of the version of the letter I've posted here.
Also, the original request gave lots of information about dog breed, the breeder themselves, the conditions the owner would impose on himself etc. He's offered to give copies of pet insurance and vet registration and written evidence of him attending puppy training classes. He's insisted his housing association visit him regularly to make sure the dog is being looked after... and the property. He's offered all this himself as he'd like to do it properly and with regard to his housing association and neighbours.
As per my OP, there is an addendum to this letter that collates all correspondence with all parties up to this point but I've not attached that here as it gives names and information that can't be made public.
I have also stated in my OP that all documents (GP letter, DLA award etc) were included in the original request but will be included again with this one.0 -
Therapy dog is not the same as say a guide dog which is essential for someone to function and do their daily rounds.
You have to see the other side and what is written on the contract. Doesn't matter what others have, you must give a more compelling reason than a GP letter. I am sure a GP would agree that a 7 day trip to the Bahamas would do wonders for my mental health too and would write a letter to support this, doesn't mean I will get it.
But the holiday to the Bahamas would be something that you're asking to be paid for. The guy I'm supporting isn't asking his housing association to pay for the dog, just permission to have it.0 -
But the holiday to the Bahamas would be something that you're asking to be paid for. The guy I'm supporting isn't asking his housing association to pay for the dog, just permission to have it.
But there have been some unusual treatments that NHS has paid which have been in the news recently, to which I am not bashing, there is always two sides of the story. That holiday could be beneficial to someone who say has abnormal grieving process after the death of a loved one.
But the point of my post is, the reader of the letter and indeed the HA doesn't give a ******* who lives there, as long as it doesn't increase their overheads or the tenants are still paying they don't care.
You can of course try and get on their merciful side, but don't be surprised if it falls on deaf ears."It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
I'm a support worker. I'm currently supporting a guy who lives in housing association accommodation. It's a very spacious ground floor flat and he lives alone. He's had various mental health issues over a long period, mainly anxiety related but also relating to autism.
His GP mentioned about getting a therapy dog. We talked about this and thought it might be beneficial for him. His GP wrote a letter of support. His tenancy agreement says permission must be granted for pets, despite other residents having cats that permission was never sought for. So we put together a letter of request and submitted it along with his GP letter, proof of DLA etc.
The housing manager came back and said "no, unfortunately we have a no pets policy.' This despite the tenancy agreement stating permission to own a pet can be requested, and the fact other tenants have cats.
The guy was going to get a small French Bulldog from a reputable breeder and put everything in place and go about dog ownership properly.
Anyway, I have now put together another letter and want to send this to someone higher up. I just wondered what anyone who might have been through a similar experience thinks?
This is the letter I have helped him write:
Hi
My name is xxxx xxxxxxxxx. I live in a ground floor property in xxxxxxxxxx xxx at xx xxxxxx xxxxx. I have been a tenant in this property for thirteen years.
Over the course of my tenancy I have never really asked for much. Indeed, I have always been supportive of my housing association, even to the point a few years ago where I gave evidence in court in order to support in evicting a troublesome resident.
I am a responsible tenant. My home is clean, tidy and well looked after. This attitude extends to how I treat the communal surroundings of the property. I treat my home as if I own it.
I have recently asked for permission to have a dog, but this permission has been denied.
I asked for permission to own a dog based mainly on the fact that my GP believes it would be therapeutic for me. I am registered disabled and claim ESA and high rate care DLA. I suffer from severe anxiety, suicidal depression and autism.
I supplied a very good case regarding my request for dog ownership. It is not something I would enter into lightly and did a lot of research into the right breed for my circumstances, sourcing from a reputable breeder etc.
I have been told that the policy is that dogs are not allowed in your flats, despite your tenancy agreement not specifically saying this. The tenancy agreement does not stipulate a 'no pets policy', in fact it states that permission can be requested. Additionally, I am told that cats are not allowed and yet some residents here have cats and nothing is done to enforce the apparent blanket policy of no pets. These cats prowl the area, often fighting with one another and can often be found sitting on top of cars or on the bonnets. The tenancy agreement also does not differentiate between houses and flats when asking for permission. Despite this some tenants in houses close by have dogs but, by your own admission, they have not asked for permission to keep them. So in effect a precedent has been set.
I feel I am being discriminated against in this request. I feel that to allow me to have a dog would be a 'reasonable adjustment' as per the Disability Discrimination Act. I have been told that I can be moved to accommodate me having a pet; despite it being obvious that moving would be considerably detrimental to my health. I have spent hundreds if not thousands of pounds over the years making my home comfortable. If I move, all of this is lost and I have to start again. I am on benefits so this would not be easy for me. The sheer thought of moving fills me with dread and anxiety.
My feeling is that the decision to not let me have a dog is more about the issues it would create for the housing manager rather than the therapeutic benefits it would give me. The main reason I am given is that it would cause issues for housing managers if they let me have a dog as everyone else would want one. You are supposedly a professional organisation and I'm sure you can manage this adequately? I would be gaining a 'reasonable adjustment' due to my health condition.
Evidence needs to be given and a case made just as I have done. Then you make a case by case decision. Just because my disability is not physical does not mean it is any less important... but I feel this is the prevailing attitude. If I am given permission for a dog then anyone else that wants one must then also have a case for a 'reasonable adjustment' such as I have presented. It is then up to you to decide. I feel my housing manager does not want this responsibility and that it is this and not my well-being that is at the heart of this decision.
There could be a ruling that dogs are only permitted in ground floor accommodation. This is a rule enforced regarding the laying of wooden flooring as I have been told many times.
I have attached many of my own conditions to the ownership request that take into account you and my neighbours and show my responsible approach to dog ownership. The dog is from a reputable breeder, is chipped and has been vaccinated. I will attend puppy training classes. The dog will be vet registered and fully insured.
I hope you can look into my request and reconsider the decision based on all the information I have given?
It is quite obvious that owning a dog would be hugely beneficial to me. In reading the your 'our deal' I would hope that anything that is therapeutic to my needs would be included under that commitment. Likewise, I agree to work with you and be a responsible dog owner with no impact felt by my neighbours regarding my dog, only a beneficial effect on my health and life.
I will collate all relevant correspondence in an addendum. Can I ask that you read it all carefully and hopefully look again at the decision that has been made? All I ask is that you review this decision compassionately and from the perspective of the richness it will bring to my life instead of the possible headaches that it will create for you.
Thank you for taking the time to read this.
Regards,
...............
Any thoughts?
I've also been advised to send it to his MP in order that if they still say no then we can go to the housing ombudsman.
I didnt have time to read all that in detail I am afraid but some specific points are:
1) It is very long, you need to keep the points you are making short and clear or its just going to sit unread on someones desk
2) Dont start a letter with "Hi".
3) The beginning is not relevant. Whether he has asked for anything before and what his feelings are about the HA is not pertinent to the situation. Focus on how he guarantees the dog wont inconvenience the HA or the other tenants or cause damage. Highlight any support he will have with this.
4)Underline the medical importance of keeping the animal and include the GP's contact if appropriate.0 -
I understand where you are coming from. You have to understand that this is a letter that follows the initial request. That was very positive, gave lots of reasons why dog ownership would be beneficial etc and laid out the attitude that the tenant would be a responsible owner.
In saying "no" the housing manager did seem to concentrate on the headaches giving permission would cause her rather than concentrating on the positive effects ownership of a dog would bring. She could give no other reason for not allowing the dog other than this and did indeed admit to being satisfied the guy would be a responsible owner.
So I guess a letter disputing a decision does have to contain some form of argument and disagreement?
In that case, quote from her letter, making it fact, not feeling.
And the point is strong about the positive effects versus her headaches.
You're going over her head. You need to convince the next level up, not her.
Copy in the MP and make it clear in the letter. From my experience, servants seem to pull their fingers out when they see that.Everything that is supposed to be in heaven is already here on earth.
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But there have been some unusual treatments that NHS has paid which have been in the news recently, to which I am not bashing, there is always two sides of the story. That holiday could be beneficial to someone who say has abnormal grieving process after the death of a loved one.
But the point of my post is, the reader of the letter and indeed the HA doesn't give a ******* who lives there, as long as it doesn't increase their overheads or the tenants are still paying they don't care.
You can of course try and get on their merciful side, but don't be surprised if it falls on deaf ears.
I must just say, the guys housing association are very good with most things. I don't want to name them but they are much much better than any other housing association or council I've ever had to deal with in my job or personally.
They just seem to have an issue with dogs in flats.
They turn a blind eye to the cats and his next door neighbour has four rabbit hutches in his lounge... with rabbits. Again, no permission asked and no action to make him get rid of them or put in an official request for permission.
I feel that if he just went ahead and got the dog, they would struggle to make him get rid of it via the legal route since they don't seem to be sticking to their own policy.0
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