DDB 57 National Housing Federation
CARE SUPPORT AND DIVERSITY
TEAM
RESPONSE / SUBMISSION
Title : NATIONAL HOUSING FEDERATION
SUBMISSION TO THE JOINT COMMITTEE INQUIRY IN THE DRAFT DISABILITY
DISCRIMINATION BILL
Civil Partnerships
- a framework for the legal recognition of same-sex couples
Number : CS.HM.2004.SB.04
Contact : Jaqui Wan
Direct line : 020 7843 2249
E-mail : Jaquiw@housing.org.uk
Date : February 2004
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1.1 The National Housing Federation
welcomes the initiative to extend and prescribe duties in the
current Disability Discrimination Act 1995 through the Draft Disability
Discrimination Bill.
1.2 We support the new duties around
letting of premises, but would urge that further consideration
be given to: -
- the definition of reasonableness,
- an in depth nationwide analysis
to help identify need,
- funds to meet the duties of aids
and adaptations,
- setting challenging targets supported
by additional resources,
- joined up working between to different
agencies and with respects of the current Housing Bill and
- consultation and recognition of
good practice.
2.1 The National Housing Federation
welcomes this opportunity to submit evidence to the Joint Committee
inquiry into the draft Disability Discrimination Bill (Disability
Bill).
2.2 The National Housing Federation
represents nearly 1400 independent, not for profit housing providers.
Our members include Registered Social Landlords, Housing Associations,
Co-ops, Trusts and transfer organisations. They manage more than
1.8 million homes provided for affordable rent, Supported Housing
and Low Cost Home Ownership, as well as delivering a wide range
of community and regeneration services. Since September 2003
the Federation launched its iN business for neighbourhoods
programme, which promotes inclusive communities and neighbourhoods
and a commitment to supporting people and diversity.
2.3 The Disability Bill proposes extending
the existing Disability Discrimination Act 1995 (DDA) which will
have specific implications to our members who provide housing
and housing services to people with disabilities. This response
will cover issues and concerns in the following areas: -
- Clause 6 - Discrimination in relations
to letting of premises
- Clause 8 - Duties of Public Authorities
- Clause 9 - Codes of Practice
| 3. Letting of Premises - Clause 6
|
3.1 In the current DDA it is unlawful
for landlords and management agents to discriminate against a
disabled person in the way they offer or access services. The
Disability Bill plans to extend this so that landlords and managers
of rented premises do not discriminate against a disabled tenant
or prospective tenant by failing without justification to comply
with the duty to provide reasonable adjustments for a disabled
person.
3.2 The new proposals further add that
landlords and management agents must take reasonable steps to
change policies, practices and procedures that make it impossible
and unreasonably difficult for a disabled person to take a letting
or to enjoy residing at the premises.
Reasonableness
3.3 The National Housing Federation
would like to request a clear definition of what is meant by 'reasonableness'.
Under the DDA and the Government guidance on reasonable adjustments,
it is subject to inconsistent interpretation.
3.4 This inconsistency will continue
with the proposals in the Disability Bill which state that landlords
and management agents will not be legally required to remove
or alter physical features, such as widening doorways for wheelchair
users. However, if a tenant or a member of the household makes
a request for alterations to the premises, consent to this should
not be unreasonably withheld.
Aids and Adaptations
3.5 The Disability Bill proposes that
landlords and management agents will be required to take reasonable
steps to provide an auxiliary aid or service which would help
or facilitate a disabled person's enjoyment of the use of their
premises, regardless of whether they are the main tenant or not.
3.6 The National Housing Federation
is concerned as to how this will be translated into practice and
what its implications will mean.
3.7 Currently tenants can request limited
financial assistance for adaptations from the Local Authority
with a Disabled Facilities Grants (DFGs). This is a mandatory
duty under Part I of the Housing Grants, Construction and Regeneration
Act 1996.
3.8 Housing Associations can, subject
to criteria, apply for limited funds from the Housing Corporation's
Aids and Adaptation's Grants (AAGs). These grants are only available
to housing associations with limited reserves.
3.9 In current practice there have
been cases where by Local Authorities have refused DFGs to a housing
association tenant on the grounds that that the housing association
can apply for funds from the Housing Corporation.
3.10 The National Housing Federation
is concerned that the Disability Bill will overrule the mandatory
duty to assist in the cost of providing adaptations and facilities,
which enable the disabled person to continue living in the premises.
3.11 The proposed Bill makes it the
responsibility of the landlord and management agent to meet the
duty of auxiliary aids and adaptations.
3.12 The resources currently allocated
to AAGs& DFGs may in future cease to exist. This is due to
the fact it will no longer be a social responsibility of the an
authority but the responsibility of the landlord.
3.13 We are concerned with the cost
implication this will have not only to our members but also for
all let premises. We would recommend two options: -
a) Housing Grants, Construction and
Regeneration Act 1996 continues to be applied and resources be
allocated to ensure that these funds remain available.
b) The Disability Bill make special
statutory provisions so that funds are available to landlords
to enable effective implementation of this element of the Bill.
Accessible Housing Provision
3.14 The National Housing Federation
is of the opinion that more detailed analysis is required in determining
the demand for both accessible and wheelchair accessible accommodation.
Current population trends do indicate the demand for suitable
and adapted accommodation will continue to increase.
3.15 According to information provided
by the Housing Corporation the total number of wheelchair user
households housed by associations have increased in the last five
years from 3,678 in 1998/99 to 4,687 in 2002/3. Whilst the allocations
of wheelchair standard properties to households with a wheelchair
user decreased from 1998/99 at 46% to 37% in 2002/03. This
gives some indication of increasing demand and limited supply.
3.16 The National Housing Federation
recommends that the Disability Bill include an appropriate ongoing
nationwide housing needs analysis so that robust and meaningful
targets could be drawn up.
3.17 Collecting this information could
be done through housing registers, nominations and allocations
data.
3.18 In setting targets, there should
be scope for a coordinated resourced programme to try and meets
them. In the case of the social housing sector this can run on
the same principles as the Decent Homes Standard.
3.19 Implementing these targets could
be relayed regionally through Regional Housing Statements from
the Regional Housing Boards.
3.20 The Federation would recommend
that the Building Regulations comply with the Lifetime Homes Standards
and targets set for wheelchair adapted properties as will be the
case in London.
3.21 The Select Committee will be aware
there have been proposed amendments in the Housing Bill. One
amendment is with specific reference to Disability / Accessible
Housing Registers. The National Housing Federation welcomes this
proposed amendment and would recommend for the purposes of consistency
and joined up thinking that this is either proposed or reflected
in the Disability Bill.
|
4. Duties of Public Authorities - Clause 8
|
4.1 The proposed duty for public authorities
to promote equality of opportunity for disabled people follows
the same principles as the Race Relations Amendment Act 2000 (RRAA)
and its duty to promote racial equality.
4.2 The National Housing Federation
believes, through experience on implementation of the RRAA, that
the sectors' regulator the Housing Corporation should relay these
proposed responsibilities to our members.
4.3 We welcome this proposal and recommend
these bodies learn and benchmark from the good work currently
being done by some of our members.
4.4 As our members work with Local
Authorities, for example through allocations and disseminating
Disabled Facilities Grants, we would request guidance on transparent
joined up working in order to comprehensively meet the needs of
disabled people.
| 5. Code of Practice - Clause 9
|
5.1 The Disability Bill proposes that
the Disability Right Commission prepare a Code of Practice (guidance)
to cover the new duties of public authorities.
5.2 The National Housing Federation
recommends that the DRC consult widely in adopting and developing
good practice especially when developing their Code of Practice.
5.3 We would be particularly keen in
helping to draft examples of the understanding of 'reasonableness'
when providing auxiliary aids, what those aids or adaptations
consist of and the parameters of a person's enjoyment of the use
of their premises.
5.4 The National Housing Federation
is currently part of a consortium of associations helping to develop
a user led good practice model and guide on disability and housing.
This is an example of how sharing good practice could help develop
both a robust and informed guidance.
This
is a programme dedicated to sector change based on a vision for
neighbourhoods and corresponding commitments to neighbourhoods,
customers and excellence. Our core aim is to address social housing's
stigma and to signal and support sector transformation in the
interests of present and future housing association customers
and their communities. Our aim is service improvement and organisational
excellence, so we welcome any proposals, which support these aims.
We will also use our iN business for neighbourhoods framework
to test proposals made by government at all levels and the public
bodies which interact with housing associations.
Disability Discrimination Act 1995 - Code of Practice
Right of Access Goods, Facilities, Services and Premises Department
for Education and Employment 1999
The provision of auxiliary aids or services is applicable
to the tenant's disabled partner or a disabled child of the tenant.
Information provided from CORE, a data system that
records all housing association lettings.
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