NATIONAL HOUSING FEDERATION
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[1],
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
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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[2],
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].
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[4]
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
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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
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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.
1
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. Back
2
Disability Discrimination Act 1995 - Code of Practice Right of
Access Goods, Facilities, Services and Premises Department for
Education and Employment 1999 Back
3
The provision of auxiliary aids or services is applicable to the
tenant's disabled partner or a disabled child of the tenant. Back
4
Information provided from CORE, a data system that records all
housing association lettings. Back
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