Sorry, forgot to remind you of the S22 duty:
'...unlawful for a person managing any premises to discriminate against a
disabled person occupying those premises-
(A) in the way he permits the disabled person to make use of any benefits or
facilities.
(B) by refusing or deliberately omitting to permit the disabled person to
make use of any benefits or facilities; or
(C) by evicting the disabled person, or subjecting him to any detriment.'
The usual problem with this section is proving that the 'management' is
being provided via the common room meetings though. Do you have anything in
writing calling for a tenants/management/decision making meeting? Check the
notice boards too.
Helen
>From: John Gregory <[log in to unmask]>
>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Fw: DDA and sheltered housing
>Date: Wed, 2 Mar 2005 09:13:50 -0000
>
>Helen,
>
>I agree with everything that has hbeen said so far. It is especially
>difficult to persuade landlords to do this type of work if they are not
>required. Unfortunately DDA would not cover this type of place unless
>things like functions were held there. From what you say it looks as
though
>it is just a standard common room with no access for members of the
public.
>
>Induction loops come in many and varied forms. To accommodate several
>individuals it would probably require a loop covering the whole room.
These
>are not exactly cheap, portable systems can cost anything between
£1000-4000
>depending on the system and where you buy it. Across the counter loops
are
>cheaper, but may not give the required coverage. These cost anything
>between £70-400 plus installation. If the residents requiring such a
>facility were intending to buy something themselves, then, in the event
that
>the landlord was unwilling to have one installed, I would suggest
>considering the Crescendo 20+ which is a small unit available either
with
>headphones or a neck loop. These can be used to follow the conversation
and
>do not have the restriction of only being available in the common room.
>Residents would have their own personal loop and could use it anywhere
>around the accommodation. These units can be purchased from connevans
>http://www.connevans.co.uk <http://www.connevans.co.uk> at around
£50 per
>unit.
>
>Hope this helps.
>
>John.
>
>John Gregory
>Access Officer
>Cherwell District Council
>Tel. 01295 221630
>Email. mailto:[log in to unmask]
><mailto:[log in to unmask]>
>
>
>
> -----Original Message-----
> From: helen kane [mailto:[log in to unmask]]
> Sent: 01 March 2005 23:45
> To: [log in to unmask]
> Subject: Re: [ACCESSIBUILT] Fw: DDA and sheltered
>housing
>
> Hi Lynn,
>
> It does all rest on the terms of the lease/tenancy agreement
>. It may be
> cheaper to seek advice from a management surveyor than a
>solicitor (but then
> I'm biased, of course). Why does the landlord object to a
>loop?
>
> Sadly, although residents may pay for works to a building
>they have less
> right to demand works than a landlord has to impose works
>upon them (with
> the exception of some critical repairs). Service charge
>clauses can be very
> ambiguous.
>
> In general if a residential landlord/managing agent intends
>to undertake
> works in excess of a set min. amount in the block/average
>per flat they are
> required to serve a formal written notice granting a minimum
>consultation
> period. Reasonable objections must be considered. Disputes
>can be taken to
> tribunal.
>
> At some point discussions involving some major works and
>annual service
> charge budgets are likely to take place in the common room.
>You may like to
> consider whether a written format notice in this case may be
>considered
> discriminatory, as some cannot respond, and the lack of a
>loop enhances the
> discrimination.
>
> If the service charge clause says the residents have to pay
>for works the
> landlord and agent are likely to want a cut for organisation
>and admin,
> which may be a substantial amount. In this case it may be
>much cheaper for
> the residents to club together and install their own loop,
>saving
> landlord/tenant heartache and a tidy sum! Be a bit careful,
>as the common
> area may not belong to them, even collectively. I shouldn't
>say this, but
> would the landlord notice if they put a loop in?
>
> Good luck
>
> Helen
> Access Included Ltd
>
>
> &gt;From: Lynn Jeffries
&lt;[log in to unmask]&gt;
> &gt;Reply-To: Accessibuilt list
>&lt;[log in to unmask]&gt;
> &gt;To: [log in to unmask]
> &gt;Subject: Fw: DDA and sheltered housing
> &gt;Date: Tue, 1 Mar 2005 15:39:53 -0000
> &gt;
> &gt;Hi All
> &gt;
> &gt;I wondered if anyone on the list could help me with the
>issues below? I
> know sheltered housing and the DDA has been discussed at
>some length on the
> list in the past but I couldn't find anything to answer
>these particular
> circumstances.
> &gt;
> &gt;The communal room referred in the first scenario is used
>for meetings
> (social and tenants issues). There is no TV in the room.
> &gt;
> &gt;I'd be grateful for any guidance.
> &gt;
> &gt;many thanks
> &gt;Lynn
> &gt;
> &gt;&quot;I manage an advocacy service for older people in
>York (Older
> Citizens
> &gt;Advocacy York - OCAY). I currently have two clients in
>separate
> sheltered
> &gt;blocks both owned by different property companies. In
>one, the residents
> &gt;have been refused a loop system in the communal room.
>This room is where
> &gt;house meetings take place and discussions are held on
>many matters
> including
> &gt;residents' leases. The hearing impaired are not able to
>fully join in
> with
> &gt;any discussions, nor hear what is being said. Decisions
>are therefore
> being
> &gt;made without their input.
> &gt;
> &gt;In the other block, there is no lift (and no space for
>one, I believe)
> and
> &gt;there are people who are becoming increasingly frail and
>disabled in
> first
> &gt;floor accommodation. The problem here is an obvious one
>of access at the
> &gt;very least.
> &gt;
> &gt;Does the DDA have any teeth in such matters - i.e. can
>the freeholders
> be
> &gt;pressured to provide a loop and a stair lift? If so
>would the cost be
> passed
> &gt;on to the residents directly?&quot;
> &gt;
> &gt;
> &gt;
> &gt;
> &gt;----------End of Message----------
> &gt;
> &gt;Run by SURFACE for more information on research,
>consultancy and the
> distance taught MSc. in Accessibility and Inclusive Design
>programme visit:
> &gt;
> &gt;http://www.inclusive-design.it
> &gt;
> &gt;Archives for the Accessibuilt discussion list are
>located at
> http://www.jiscmail.ac.uk/lists/accessibuilt.html
>
> ----------End of Message----------
>
> Run by SURFACE for more information on research, consultancy
>and the distance taught MSc. in Accessibility and Inclusive Design
programme
>visit:
>
> http://www.inclusive-design.it
>
> Archives for the Accessibuilt discussion list are located at
>http://www.jiscmail.ac.uk/lists/accessibuilt.html
>
>
>________________________________________________________________________
> This e-mail has been scanned for all viruses by Star. The
> service is powered by MessageLabs. For more information on a
>proactive
> anti-virus service working around the clock, around the
>globe, visit:
> http://www.star.net.uk
>
>________________________________________________________________________
>
>This e-mail is confidential and may contain legally privileged
information. You should not disclose its contents to any other person. If
you are not the intended recipient, please notify the sender immediately.
>
>Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any damage
which you may sustain as a result of such viruses. You should carry out
your own virus checks before opening the e-mail (and/or any attachments).
>
>Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and do not impose any legal obligation upon the
Council or commit the Council to any course of action.
>
>
>________________________________________________________________________
>This e-mail has been scanned for all viruses by Star. The
>service is powered by MessageLabs. For more information on a proactive
>anti-virus service working around the clock, around the globe, visit:
>http://www.star.net.uk
>________________________________________________________________________
>
>----------End of Message----------
>
>Run by SURFACE for more information on research, consultancy and the
distance taught MSc. in Accessibility and Inclusive Design programme visit:
>
>http://www.inclusive-design.it
>
>Archives for the Accessibuilt discussion list are located at
http://www.jiscmail.ac.uk/lists/accessibuilt.html
----------End of Message----------
Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
http://www.inclusive-design.it
Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html
|