Memorandum from Habinteg Housing Association
(DDB 59)
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 one in five 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 focused 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 and 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 and 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, p49).
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 and 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 and Housing" (2001). This was in recognition that
social housing organisations hadn't responded appropriately "to
satisfy the aspirations of BME communities". (p 1).
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
and Statistical Returns (RSR) (2002). Summary of all returns section
p 49.
12. http://www.odpm.gov.uk (Office of the
Deputy Prime Minister website).
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