DDB 59 Habinteg Housing Association
JOINT COMMITTEE ON DRAFT DISABILITY
DISCRIMINATION BILL
Evidence from:
Habinteg Housing Association
27th February 2004
Submitted by email to: scrutiny@parliament.uk
Hard Copy to:
Claudia Rock
Committee Office
House of Lords
SW1A 0PW
EXECUTIVE SUMMARY
Habinteg Housing Association welcomes
the opportunity to submit evidence to the Joint Committee on the
draft Disability Discrimination Bill. We believe the Bill recognises
that housing is of fundamental importance in achieving equal rights
for disabled people. Our submission highlights our concerns that
the draft Bill's suggested legislative change does not lead to
practical measures to improve the housing situation of disabled
people in particular.
- Accessibility and the provision
of accessible housing cannot be seen as a minority issue. It is
relevant to millions of people of all ages, and other trends (social
and demographic) will increase rather than decrease the proportion
of the population who require accessible housing.
- The current provisions in the draft
Disability Bill may permit landlords to refuse consent for disabled
people to carry out essential works that make their homes accessible
and safe. The Bill should include a clear directive stating that
public housing organisations should deliver an adaptations service.
- 42% of social housing tenants have
a long-term limiting illness or disability (MORI/The Housing Corporation,
2001). The public duty to promote disability equality should
make particular reference the role of the Housing Corporation
and the Audit Commission in adopting a planned strategic approach
to housing and disability.
- Landlords in receipt of public
funding should as a minimum, offer a 'pro-active' adaptations
service to their tenants as part of their 'public responsibilities'.
This should be enforced through the existing Audit Commission
arrangements for local authorities and registered social landlords.
- The Disability Rights Commission
(DRC) should issue a Code of Practice in rented housing using
the model already adopted by the Commission for Racial Equality,
to bring together work that will ensure better housing for disabled
people.
- An Inquiry into disability and
housing issues should be called by the DRC in response to the
new duties introduced in the Disability Bill. This should also
ensure that any future Code of Practice will incorporate the views
of disabled people and disabled people's organisations through
detailed consultation.
1. Introduction
1.1 Habinteg Housing Association welcomes
the opportunity to submit evidence to the Joint Committee on the
draft Disability Discrimination Bill. We believe this draft Disability
Bill recognises that housing is of fundamental importance in achieving
equal rights for disabled people. In addition, the new duties
placed on public authorities to promote disability equality will
place disability rights on an equal par with race equality rights
and we support its implementation.
1.2 However, we have a major concern
that the draft Bill's suggested legislative change does not lead
to practical measures to improve the housing situation of disabled
people in particular. Our submission highlights our concerns
and puts forward ideas for improving housing opportunities for
disabled people.
2. Background Information on Habinteg
Housing Association
2.1 Habinteg Housing Association is
a Registered Social Landlord. Established in 1970, Habinteg provides
integrated, accessible housing and support services by promoting
the principle of universal housing solutions. We have been at
the forefront of developing Lifetime Homes and wheelchair housing,
ensuring that our accommodation meets a diverse range of needs.
Our schemes are built to 75% Lifetime Homes and 25% wheelchair
housing. Our mission statement summarises our approach and states:
We will provide high quality
homes and services to suit the needs of our customers by:
- Building accessible, adaptable
and affordable housing;
- Working with strategic partners
to deliver innovative solutions;
- Campaigning for universal, inclusive
design and accessible housing.
2.2 We are committed to addressing
negative attitudes to disability through our campaigning and lobbying
activities. Habinteg has a proactive research programme used
to continually develop our homes and services. Committed to the
Social Model of Disability, every research project is informed
and steered in partnership with disabled people and we are an
affiliate member of the British Council of Disabled People.
2.3 Most recently we worked closely
with the GLA in developing an inclusive housing policy for the
newly announced London Plan. As a social landlord, Habinteg Housing
Association's adaptations service has been acknowledged as good
practice by a guide entitled 'Needs First' published by HoDis
and the Housing Corporation (2001). We would be happy to work
with others to develop these ideas for future guidance.
3. Accessible Housing: a basic
right and a proven need.
3.1 The right for every individual
to live in a decent and safe home is enshrined in welfare rights
and other legislation where housing is regarded as a merit good.
This right is also a key aim of the current government who recognise
that a decent home is key to maintaining an individual's sense
of well being and self-dependence. The Office of the Deputy Prime
Minister's website states:
"Our aim is to give everyone
the opportunity of a decent home, and so promote social cohesion,
well-being and self-dependence". http://www.odpm.gov.uk.
3.2 A 'decent home' for a disabled
person requires it to be accessible and usable. Accessibility
is also a key principle if wider government policy issues are
to be pursued to build sustainable and inclusive communities.
In addition, the need for inclusive, accessible housing and environments
is growing as the population ages. Advances in medical care mean
more people survive illness but may be left with impairment.
3.3 This is not an issue of interest
only to a small minority. At least 8.6 million adults in Great
Britain have a disability. This represents 20% or 1 in 5 of the
adult population (Grundy et al, Disability in Great Britain 1999).
It is important to note here that these figures exclude disabled
children who will have access needs throughout their lives.
3.4 The recent 2001 census has confirmed
that the population in England has aged and will continue to do
so. Further, it estimated that over 18% of the population has
a long-term limiting illness or disability. There is a strong
positive correlation between ageing and disability, particularly
as there are more people living into their late 70s and 80s when
the incidence of disability rises sharply.
3.5 A MORI survey commissioned by the
Housing Corporation found that 42% of people living in social
housing have a long- term illness or disability. Although this
figure only relates to housing association tenants, it further
strengthens the argument that accessibility is a strategic housing
issue rather than a specialist or 'special needs' housing consideration.
3.6 The arguments to address accessibility
in the provision of current and future housing are compelling
and have already been recognised in key government documents.
Specifically, the ODPM good practice guide entitled 'Planning
and Access for Disabled People' (2003), highlights that the benefits
of developing inclusive environments go beyond improving access
for disabled people themselves, to promoting inclusion and ease
of access for many other people. The guide states:
"…it is not only disabled
people who benefit from inclusive design. There are currently
a further 18 million people who would directly or indirectly benefit
from inclusive access to buildings and public spaces. These include
older people, families with children under the age of five, carers
and the friends and relatives who accompany people with disabilities".
(P 23).
4. Adaptations
4.1 Adaptations are individualised
solutions to maximise independence. They are pivotal in determining
whether disabled people can enjoy their housing. This includes
meeting the most basic needs of bathing, preparing and cooking
food and engaging in family life. It is unfortunate that adaptations
services are not structured to deliver customer focussed services.
Customer choice is over-ridden by paternal policy objectives
and funding restrictions.
4.2 A recent consultation paper published
by ODPM and DoH recognises the importance of adaptations and states:
"The purpose of an adaptation
is to modify disabling environments in order to restore or enable
independent living, privacy, confidence and dignity for individuals
and their families." (P
6).
4.3 There are many more examples of
good practice such as the one cited above. There have also been
statements of commitment to these issues from successive governments.
However, there is little statutory force or legislative framework
for their implementation. The Disability Bill provides the potential
framework especially in the field of transferring these duties
to public authorities.
4.4 On this basis, disabled occupiers
of both social and private rented housing should have a 'right'
to carry out adjustments and install adaptations within their
home. We recommend that the Bill should include a clear directive
stating that 'those disposing of premises should not be allowed
to withhold consent unreasonably for a disabled person making
changes to the physical features of the premises'. We understand
the complexity of adaptations provision within the private sector
and in particular, the technical problems about communal areas.
However, the Disability Bill offers the opportunity to make these
rights transparent and clear within one manuscript.
4.5 Furthermore, landlords in receipt
of public funding should be required to offer a 'pro-active' adaptations
service to their tenants as part of their 'public responsibilities'.
This should include as a minimum, offering an advice and information
service to their tenants and potential tenants on how to obtain
funding and support for adaptations and enforced through the existing
Audit Commission arrangements for local authorities and registered
social landlords.
5. Duties of Public Authorities
to Promote Disability Equality
5.1 We fully support the duty placed
on public authorities to promote disability equality and believe
this will place disability rights on a par with other equalities
legislation including the Race Relations Amendment Act (2000).
This duty, in accordance with the explanatory notes accompanying
the draft Bill, includes improving opportunities for disabled
people by 'mainstreaming' disability rights issues.
5.2 In order to mainstream disability
rights and improve opportunities in respect of housing, we believe
all 'public authorities' with responsibilities regarding housing
provision must be required to implement the requirements below,
within their housing strategies. Given that 42% of social housing
tenants have a long-term limiting illness or disability (Mori/The
Housing Corporation, 2001), particular reference should be made
to the role of the Housing Corporation and the Audit Commission:
- Employers
- The social housing sector is a significant employer. Given
the substantial level of disability within its customer base,
there is a 'business case' (as well as moral), to require housing
organisations to deliver best practice in employment. Current
figures suggest that only 1.5% of housing association employees
identify themselves as disabled. (Housing Corporation, RSR returns
2002). This suggests that there is substantial work to be done.
- An Inclusive & Accessible
Environment - No-one should
be excluded from using public buildings and spaces due to poor
physical access. There should be consistent standards for access
to public buildings and workplaces.
- Needs Assessments
- In order to ensure that there is adequate supply of housing
and support services, Boroughs should conduct comprehensive needs
assessments within their geographical areas. Habinteg Housing
Association & Papworth Trust (2001) have published a model
for assessing the housing and support needs of wheelchair users
entitled 'Pathways to Accessible Housing'. There is potential
for this model to be developed to cover other groups and we would
be happy to explore these issues further.
- Accessible Housing
- All housing should meet clearly stated accessibility standards
that promote inclusion of people with all levels of abilities.
The policies approved in the London Plan offer a model of good
practice and require all new developments in London to be built
to Lifetime Homes Standards and 10% to be suitable or easily adaptable
for wheelchair users. The combination of these two standards
provide housing that is suitable for the widest range of physical
abilities.
- Allocations & Lettings -
Current supply of accessible housing cannot meet demand and therefore,
it is essential that disabled people have full and appropriate
access to this scarce but essential resource. Thus, housing authorities
should provide a 'disability housing service' which gives advice
and information on housing options available to disabled people.
Such a service can also be involved in the lettings and allocations
of accessible properties and assessing disabled people's housing
needs within a 'social model of disability' approach, (see point
5.3 below).
5.3. A core requirement under the duty
of public authorities to promote disability equality should be
to work within the 'Social Model of Disability' in all areas.
The social model is an approach that sees disability and disability
rights as a human rights issue and places the onus of service
providers, policy makers and organisations to change their practices
to include disabled people. Public bodies are currently weak
in promoting this approach. (Clark, Dec 2003, P 49). The reason
we think the social model is important is that it concentrates
on removing physical, social and cultural barriers. We believe
this is the appropriate structure for ensuring public bodies respond
to disabled people's needs.
6. Further Regulation & Guidance
6.1 We note that the draft Bill makes
provision for future regulation and guidance to be developed by
stating that 'the Secretary of State may by regulation, impose
specific duties on public authorities that ensure their better
performance'. It also allows the Disability Rights Commission
(DRC) to issue Codes of Practice that give practical guidance
to persons subject to duties.
6.2 We recommend that the DRC should
issue a Code of Practice in rented housing using the model already
adopted by the Commission for Racial Equality (CRE) to bring together
work that will ensure better housing for disabled people.
6.3 In response to the Race Relations
Amendment Act (2000), The CRE, Housing Corporation, National Housing
Federation and Federation of Black Housing Organisations launched
the 'Inquiry into Race & Housing' (2001). This was in recognition
that social housing organisations hadn't responded appropriately
'to satisfy the aspirations of BME communities'. (P1).
6.4 We believe that social housing
organisations have made insufficient progress in implementing
the requirements placed on them by the Disability Discrimination
Act (1995) and are not equipped to implement the requirements
of this Disability Bill. Therefore, a similar Inquiry into disability
and housing issues should be called by the DRC in response to
the new duties introduced in the Disability Bill. This should
also ensure that any future Code of Practice will incorporate
the views of disabled people and disabled people's organisation
through detailed consultation.
References
1. Brewerton & Darton (1997).
Designing Lifetime Homes. Joseph Rowntree Foundation.
2. Clark, J. (December 2003). Independence
Matters. Social Services Inspectorate.
3. Drivers Jonas (2003). Planning
and Access for Disabled People: A Good Practice Guide. Office
of the Deputy Prime Minister.
4. CRE et al (2001). Race & Housing
Inquiry Challenge Report.
5. Greater London Authority (February
2004). The London Plan.
6. Grundy et al (1999). for Department
of Social Security Disability in Great Britain.
7. Habinteg Housing Association &
Papworth Housing Trust (2001). Pathways to Accessible Housing.
8. HoDis & The Housing Corporation
(2001). Needs First. A Good Practice Guide for RSL's to Prioritising
Tenants' Needs for Adaptations.
9. MORI/The Housing Corporation (2001)
Source 42 - Registered Social Landlord Tenants 1999/2000.
10. ODPM/DoH (February 2003). Delivering
Adaptations - Desk Guide.
11. The Housing Corporation. Regulatory
& Statistical Returns (RSR) (2002). Summary of all returns
section P49.
12. http://www.odpm.gov.uk. (Office
of the Deputy Prime Minister website).
For Further Information contact:
Reyhana Malek
Research Manager
Habinteg Housing Association
Holyer House
20/21 Red Lion Court
London EC4A 3EB
Telephone: 020 7822 8752
Email: rmalek@habinteg.org.uk
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