Housing size standards 1985 vs 2004

gingerstark

So I found myself in a situation, I'm disabled and prior to entering the property I confirmed over the telephone a need for accessible property with 8 hours needed a week inside in a wheelchair. We moved in and a plethra of issues arrose.

The history of the property is that it has previously always been rented out as a 2 bed for 1 bed need therefore elderly disabled people. However a new policy came into play and they changed their minds to make this only suitable for a 2 bed need - therefore 2 adults not in a relationship or a couple with a child.

So I fall into the bracket of couple with a child. The issue arose when we applied for council tax reduction and they said that as I could not access all the rooms with my wheelchair I cannot qualify.

Then NHS wheelchair services said that the property was "too small to accommodate a wheelchair".

Then My Occupational Therapist said he could not offer me a bedside aid or adapt the property to make it wheelchair suitable claiming "the property is clearly suitable for an ambulant elderly couple".

So armed with this and the fact that the bedroom tax size guidance is that master should be 110 square feet minimum to count as a double bedroom (mine being 100 square feet) means it falls into the category of not being suitable not for me as a disabled person and not for be being a couple with a child.

This then caused a ruckus the housing authority have a policy not to allow under-occupancy so we cannot swap with an elderly couple (who would suit the property), the council have no policy to provide disabled standard homes (which would include the 1.2m turning circle the nhs deem suitable), so we are welcome to bid on other 2 bedroomed properties but guessing which ones are 1.5 bedrooms and which are really 2 bedrooms has been like trying to find a needle in a haystack.

The council environmental health to add insult to injury will consider the living room a bedroom in their overcrowded calculations so that means absurdly our 1 bed bungalow is suitable for 4.5 people!

I've been lead around the houses, but the issue is that we are struggling to find some sanity - I've been denied any independent living by the situation and it's jeopardising not just my health but that of my son who sleeps through double doors not more than 2 meters from the tv and less than a meter from myself and partner talking in the evenings, we've struggled to keep the noise down and limit what we talk about but inevitably my son has repeated some arguments we have had.

I am at a loss as to where to go to now I have the MP being told he cannot influence the housing associations policy, I have the Council saying it's Bromford's choice to use that policy but that they comply with the laws in place currently, and I have a local charity saying he cannot understand why I've been refused even a 3 bedroom need with my disability, as I am in receipt of all the qualifying benefits.

I'm hoping you knowledgeable people maybe able to dig us out of a hole that we were placed in at the wrong time and place. Can't help feeling discriminated against when we are told it is our 'choice' that the property is unsuitable. I don't see how we were given any choice int he matter!

silvercar

Did you inspect the property before accepting it?

Regulations aside, can you get around the areas you need to access in a wheelchair?

Noise problems exist in all properties; unless you can afford to live in a very large property you learn to manage your noise levels.

theartfullodger

gingerstark wrote: »

........
So armed with this and the fact that the bedroom tax size guidance is that master should be 110 square feet minimum to count as a double bedroom (mine being 100 square feet) ....

Could you give us the link please to the bedroom tax space requirments??

Under Housing Act 1985 space of 110sq ft is not for a "double bedroom" but for two adults sleeping in it (minor but significant difference..) see s326 of HA 1985.
http://www.legislation.gov.uk/ukpga/1985/68/section/326

2004 Housing Act regarding space seems mainful to do with HMOs - chapter 3 -, your property not being one I think.

gingerstark

silvercar - yes inspected but did not anticipate OT and NHS refusing equiptment on grounds of lack of access to other rooms nor did we anticipate being told by council we did not qualify as I could not access all the rooms with the wheelchair.

theartfullodger- that's what I mean sorry partner and I are expected to share the room but it is only suitable for 1.5 I am told with my disability even with medical support from GP I would not be allowed to ask for a separate room by the council. Son currently counts as 0.5 persons but in 2 years will count as 1 so his room is due to have double doors as a fire escape added as it is an inner room and currently has 2 double doors to access from the living room.

Property was previously adapted to suit a blind woman and a wheelchair user by removing a wall to open up the hallway for a 1.5m turning circle but the rest of the property hasn't got widened doors lowered switches or space to swing a cat if I am honest.

Living room is 125ft squared and so struggle to get enough seating to seat the occupants let alone a guest, I have a rise recliner so it takes up more floor space, and have issues with accessing the front door if chair is on charge, which is my main fire escape.

[Deleted User]

I sympathise, having been caught out by council red tape and bureaucracy myself.

I wonder if there are any disability charities that will advise?

In my case I had a social worker (I have some physical and mental health disabilities the council more or less ignored) who just didn't give up. She had to find someone in Housing that would agree that while they were obeying the letter of their policies they were not following the intent). Unfortunately with social housing being in such short supply we are supposed to be grateful for a roof over our head of any kind, regardless of its livability and effects. This has an element of truth to it but can make daily life rather miserable.

The only chance I can see is if someone can persuade Housing that their policies are discriminatory regardless of their attitude. Sometimes if you just keep refusing to listen to 'no' eventually something gives. Its what happened to me. i was given every 'logical' and legal reason why the council were fulfilling their obligations.., then suddenly my social worker managed to find someone who would listen (a manager). I am now having a kitchen and floor level (forget the correct word) shower fitted. I think I was lucky, I got an OT who was helpful as well. Perhaps changing OT would help. Doesn't sound like the one you have is helpful. If they can say the flat isn't suitable, you might be able to take a step closer to a useful move.

The problem is what we need are legal changes to force councils to not discriminate against disabilities through their policies (or rather lack of them). It seems like they can just decide what their policies are, and as long as they are openly displayed, that's it, you can do nothing. It seems wrong somehow. I am in a particularly unhelpful borough, if I had been in any other adjoining one, my move and allocated property would have been a lot easier. There is too much meaningless rhetoric council's can throw at you like i was told my loose plastered walls (ie. walls with a plaster coating that was falling off and needed to be completely removed to enable me to decorate which I just couldn't do with the best will in the world) were 'decorating' (my responsibility) rather than building work (council's responsibility) when to make them 'sound' would have meant hiring a builder. I have sort of managed to get over that (lol they are now agreeing to do the hallway but not the lounge and bathroom for some strange reason, hopefully I will get them to do the other rooms eventually) but its taken months and a very persistent social worker to do so.

I have also been told I 'decided' to take this place in spite of these problems when I didn't, I was told I had to move to this property or would be deemed voluntarily homeless, I was told this repeatedly and emphatically. I was told I refused to allow this place to be inspected when I did come to view (a week before the final date I was told I had to move in by because I couldn't cope with the housing manager being present as well as trying to communicate with some very unwilling to move tenants AND he said he was coming to 'help' no mention of a need to inspect which I would have been happy to have happen if he had said). It was only when I said the manager had another 29 days to inspect so if he was so desperate to inspect he could have, that that argument fell by the wayside. Sometimes it seems like Housing have this long list of arguments they just trot out to say no and investigate needs no further.

It seems insane that the OT is saying rooms are not big enough for a wheelchair so he won't help, but the council is saying it is big enough for you. I wonder if getting your MP or a local councillor involved will help? Get them to come and visit you and see the practical difficulties you are having.

gingerstark

Thank you deannatrois, so sorry you are struggling to, the law seemed clear to me that a property needs a room for a couple to sleep of at least 110 square feet before more are added or included but it seems this 'guidance' from the coalition government was a suggestion rather than a real rule.

Never the less I've spoken to the national housing federation and they're document clarifies that the housing association are the ones who classify the properties bedroom status and suitablity and inform the council who then advertise it. the issue is this whole sloppy shoulders attitude.

I have involved the MP but he was told by the housing association that he is daft to believe he has any influence over their decision making process which to me seems like a big fat on yer bike mate!

I think perhaps as my OT said we may need then to lobby the government in some way as it seems the disability rights UK and other disabled charities seem to be slumbering as I called them all and they all refer me back to shelter or cab

Feel like with hEDS and fybro I have to battle to get anything and everything - no SS support due to funding cuts, no OT support due to funding cuts, surprise surprise no disabled facilities due to funding cuts and PIP etc all limited and rationed due to funding. You would think having a disablity that makes life difficult to live almost as varied and horrific as Cancer can be would ahve more support and help - it's clearly not a PC disablity so there is no knowledge or support