council will not rehouse wheelchair access needed

[lindsay22]

hia ll hope someone can help

my brother his wife and four children all live in a very small 3 bed house owned by the local council.

my brother had a bad accident at work 2 years ago and smashed all the bones in if foot, he had to have an operation that did not go well and now he cannot walk far and has to use crutcs at all times. he is also in constant pain. on 02/09/07 he will be having another operation on his foot whereby bone from his thigh will be put in the damagd foot, he has been told by the surgeon that he cannot put any pressure on the foot for at least 6 months and he will need to use a wheelchair for the time being.

the local council have refused to rehouse him, there are steps leading up the house and a 1ft step at the door. the doors are not wide enough, the bath is not big enough and he needs a down stairs tiolet, he is already struggling to get about, and his wife who is his full time carer is at breaking point as she has to help him up and down the stairs.

does anybody know if he has grounds to be rehoused? and on what grounds??

[CAGisforME]

Firstly I would ask on what grounds he has been refused? and whether those grounds could be disputed.

 

Whilst disabled in this manner, and with evidence from the hospital specialist, your brother should qualify for Disability Living Allowance and therefore will be "Registered Disabled".

 

This will not only be financially useful, but will assist a move as the Disability Discrimination Act can be used to assist your brother.

 

I would advise an urgent appointment with Welfare Rights in his area (google or telephone directory) who will be able to advise further and can also help fill in forms etc and contact the Council.

 

I do wish him and his family well at such a worrying time.

 

[lindsay22]

he is getting dla at the moment, so i guess he is covered with the disabilty discrimination act. i have wrote a letter for him to welfare rights, his M.P and the council so hopefully he will be rehoused.

[gizmo111]

Has he had a social work assesment -they can help with rehousing/modifications to current property

[lindsay22]

no nothing from social services, hopefully the letter i have sent to welfare rights will get the ball rolling there.

he went to houssing a few months ago and the young girl behing her desk looked at him in disgust and told told him to find a private landlord.

i really feel for him and his wife he was a hard worker until the accident and his whole life fell apart. he just wants to be comfortable in his home.

[gizmo111]

In which case he needs to refer himself to SS.

The wife is entitled to an assessment as the carer anyway.

[ScarletPimpernel]

I'd suggest contacting a local councillor as well as all the above. In my experience as a councillor, many council employees will follow the path of least resistance, and do what is easiest for them, at least in the first instance. In some cases, staff who are woefully inexperienced make incorrect decisions, and unless these are brought to the attention of senior staff, these decisions stand.

 

Councillors can be very useful in focussing the attention of staff.

[patdavies]

Can I just point out that receipt of DLA is irrelevant as far as DDA is concerned.

 

You most definitely do not have to be getting DLA to be covered by DDA legislation - it applies to anyone with a disability as defined in the Act

[CAGisforME]

patdavies - you are of course correct.

 

However, I have found from personal experience that MANY organisations, including Councils, will not act on first stage complaints with regard to disability until "evidence" of being "registered disabled" is produced.

 

It was with this in mind that I recommended using the DLA as it would be very difficult for the Council to dismiss the Op's brother. given that it now transpires he is "registered" disabled.

 

I would recommend that the OP's brother gets a copy of the DDA (available online) and points out the the definitions to the Council, and as recommended previously, his local Councillor.

 

I don't think I, or anyone else, stated anywhere that you have to be in receipt of DLA to be covered by DDA legislation.