Hi Jane,
It is not sheltered housing but a 1960's block with limited space on the ground floor. As said, I am looking into it and all thoughts are welcome.
Rob
___________________________________________
Rob Bracewell BA (Hons) - Access Officer
Planning & Housing Policy Team, Regeneration & Policy Service
Lancaster City Council, PO Box 4, Town Hall
Dalton Square, Lancaster LA1 1QR
Tel. 01524 582372 Mobile: 07792439623
Fax 01524 582322
e: [log in to unmask] w: www.lancaster.gov.uk
-----Original Message-----
From: jane Simpson Access [mailto:[log in to unmask]]
Sent: 09 November 2011 13:47
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Visitor issue
There is a slight difference between private landlords and those within the public sector. 'Landlords should, where a disabled person is at a substantial disadvantage, compared to ..... in the use of their common parts .....where reasonable, at the disabled persons costs.'
Three issues here, the rights appear to extend to the tenant or others entitled to occupy such as spouses and children (not a visitor), must be reasonable and at the disabled persons cost. Additionally, a landlord can not unreasonably refuse a tenant who wishes to do alteration works (they may need to put it back when they leave) however, if the alterations would create problems for other tenants, the landlord can reasonably refuse.
I feel that the problem arises here not in the landlord relationship but that local authorities are still covered by the public sector duty to:
Eliminate discrimination
Advance equality of opportunity
Foster good relations
Is this general housing or sheltered housing which may have service provision? To foster good relations, the loan of a temporary ramp, would seem like a suitable option.
Regards Jane
Jane Simpson
RIBA & NRAC Consultant
T: 01484 413000/537407
M: 07777 607239
www.janesimpsonaccess.com
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-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of Bracewell, Robert
Sent: 09 November 2011 13:22
To: [log in to unmask]
Subject: Re: Visitor issue
Terence,
I take your point there, but wouldn't that be the same in a private house? I am working on how we can facilitate it, but the Council Housing office here is very strapped for resources and we obviously have to balance requests against needs all the time and this is one of the uncomfortable ones that need some levering into policies and procedures.
Cheers,
Rob
___________________________________________
Rob Bracewell BA (Hons) - Access Officer Planning & Housing Policy Team, Regeneration & Policy Service Lancaster City Council, PO Box 4, Town Hall Dalton Square, Lancaster LA1 1QR Tel. 01524 582372 Mobile: 07792439623 Fax 01524 582322
e: [log in to unmask] w: www.lancaster.gov.uk
-----Original Message-----
From: Duerden, Terence Richard (PG)
[mailto:[log in to unmask]]
Sent: 09 November 2011 13:05
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] Visitor issue
Sorry for the second post so quickly. The answers so far seem to me to suggest that a none disabled tenant is not allowed to have a disabled friend visit, without them making adjustments! My thoughts are that the tenant and the friend could mount a defence under the equalities act. A more reasonable and goodwill gesture would be for the landlord to provide a moveable ramp. I am sure that the cost would not be huge and would buy the landlord significant goodwill and will say to the tenant and friend and their other family and friends 'what a brilliant landlord
Terence R Duerden MRICS
________________________________________
From: Accessibuilt list [[log in to unmask]] on behalf of Ian Waterman [[log in to unmask]]
Sent: 08 November 2011 12:08
To: [log in to unmask]
Subject: Re: Visitor issue
Hi Robert,
This is a difficult one, and with no simple answer.....
Doubtless the arguments will ping pong around for some time.....
I like your initial statement 'facing a small issue'.....
Let us hope it stays that way.....
I agree your duty is to the tenant.....
And, on behalf of your authority to undertake what is reasonable.....
Your resolution seems a reasonable one.....
So let us hope common sense will prevail.....
Let us know how it progresses
Regards
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of Bracewell, Robert
Sent: 08 November 2011 11:18
To: [log in to unmask]
Subject: Visitor issue
Good morning all, I hope Monday hasn't been too bad for you so far?
We are facing a small issue here regarding a visitor who has complained to Counsellors and MP about being unable to visit her friend who lives on the ground floor in a block of Council Flats; she uses a wheelchair and is demanding access to her friend's house. The design of the flats isn't perfect, built in the mid-60's they have a level entrance leading to the ground floor flats; unfortunately the corridor leading to the stairway is narrow and each flat has a small step and the bottom stair is higher than these steps. This has precluded any major works in levelling the whole floor as it would leave a dangerous part of a riser as the bottom step.
My view on the matter is that as a landlord our duties are to the tenant, to alter the whole floor and staircase would be unreasonable as the stair is a structural element of the block, so we're sorry, but the tenant would have to provide a small removable ramp (the tenant isn't a wheelchair user) to allow their friend access - just as in a private home of the period.
Thoughts?
Rob
___________________________________________
Rob Bracewell BA (Hons) - Access Officer Planning & Housing Policy Team, Regeneration & Policy Service Lancaster City Council, PO Box 4, Town Hall Dalton Square, Lancaster LA1 1QR Tel. 01524 582372 Mobile:
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DISCLAIMER:
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Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
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Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html
UK businesses use up 2 million tonnes of paper each year. Think before
you print this email - do you really need to? Thank you.
An Investor in People/Positive about Disabled People.
DISCLAIMER:
The information in this message is confidential and may be legally privileged. It is intended solely for the addressee. Access to this message by anyone else is unauthorised.
If you are not the intended recipient, any disclosure, copying, or distribution of the message, or any action or omission taken by you in reliance on it, is prohibited and may be unlawful.
As a public body, Lancaster City Council may be required to disclose this email (or any response to it) under the Freedom of Information Act 2000, unless the information is covered by one of the exemptions in the Act.
Please immediately contact the sender if you have received this message in error.
Thank you.
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Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:
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