ADVISER: Using discrimination legislation to advocate for disabled client

Recently, a social worker contacted Housing Rights to ask if we could help his client John.  John’s home had been left in a poor state of repair after adaptations were carried out and his housing association had told him that he’d have to cover the cost of redecorating himself.

Essential adaptations left property in poor state of internal decoration 

John has a learning disability and is also physically disabled.  Last year John’s physical condition took a turn for the worse and he now needs to use a wheelchair every day.. John wasn’t able to get around his housing association home properly in his wheelchair as the doorways were too narrow and his kitchen wasn’t suitable. An occupational therapist visited John in his home and recommended that the housing association carry out certain adaptation so that John could continue living in his home. The housing association widened the doorways throughout the property and lowered John’s kitchen worktops to make them more accessible.

John was pleased with the adaptations but upset at the condition his home had been left in.  After the adaptations were finished the walls around the doorways had been left with patches of bare plaster.  The floorboards had been damaged in several places during the work but had been patched with cement and left in this condition. 

Initial application for redecoration allowance rejected as request outside scheme remit

Initially, John’s social worker tried to resolve the issue with John’s landlord. The housing association told the social worker that John should apply for a redecoration allowance; a payment that can be made to social tenants if their home is damaged during repairs or improvements.   However, John’s application for this allowance was rejected and he was told that the scheme could not be used to cover damage caused during adaptations.  John’s social worker contacted us to see if we could find a solution to this problem.

Formal complaint asks association to consider duties under Disability Discrimination Act

John’s adviser, Severina, wrote a formal complaint to the housing association, setting out her concerns that disabled tenants were placed at a disadvantage by the association’s policy not to pay out redecoration allowances on foot of damage caused during adaptations.  Severina asked the housing association to consider this decision in light of its responsibilities under the Disability Discrimination Act 1995, as amended.  It was clear that John could only keep living in his home if these essential works were completed.  However, John was being asked to cover the cost of redecoration personally and was not financially able to do this. 

Severina’s complaint was successful and she was delighted to find out that the housing association had decided to authorise John’s redecoration allowance.  We’ve been told that the housing association has arranged for a contractor to quote for the work and has assured John that all the costs will be covered.  John is delighted that he’ll be able to get his home back to normal and that he hasn’t been forced to pay for this work out of his disability benefits.