Aids and Adaptations Policy
Landlord , Community, Housing Services
Table of contents
1. Aims and Objectives
2. Definitions
3. Legal and regulatory framework
4. Key points of policy
5. Monitoring
6. Staff training
7. Review
8. *
9. *
10. *
Appendices
1. Chronically Sick and Disabled persons Act 1970
2. Housing Act 1980 and 1985.
3. Section 23. Housing Grants, Construction and regeneration Act 1996.
The Local Government and Housing Act 1989.
4. *
5. *
AIMS AND OBJECTIVES
Thanet District Council is committed to providing an adequately resourced, transparent and efficient Disabled Adaptation procurement and management service that addresses the needs of its tenants / residents and the requirements of the Disability Act 1995.
We recognize the special needs of our residents with disabilities and will work to secure available grant funding to enable suitable adaptations to be carried out.
This policy explains how we will address the special needs of our residents with disabilities.
The key objectives of the Disabled Adaptations Policy are:
1. To put the needs of disabled residents first in our decision-making about adaptations
2. To widely promote our Disabled Adaptations policy.
3. To carry out works in liaison with Social Services departments where referred.
4 To assist with self referrals.
5. To ensure all works undertaken help to achieve any targets set for ‘ Decent Homes Initiative ‘
6. To maximize and ensure value for money is achieved at all times
7. To ensure funding is sourced / budgeted each financial year.
8. To work within the framework of our Asset Management Strategy, having regard for the longer term ‘ lettings ‘ of our properties.
9. To comply with all statutory and regulatory requirements in relation to disabled adaptations.
10. To be consistent with other Thanet District Council policies, for example, policies on equality and diversity, resident involvement, repairs and maintenance, procurement and asset management.
DEFINITIONS.
For the purpose of this policy and accompanying procedures, the definition of a ‘ disabled adaptation ‘ is an alteration or addition to any aspect of a dwelling to make it easier or safer for use by a disabled person.
The Disability Discrimination Act 1995 defines a person as disabled if they have :
A mental or physical impairment which has an adverse effect on their ability to carry out normal day to day activities, the adverse effect is substantial and long term ( this means the condition has lasted for , or is likely to last for more than 12 months or for the rest of the persons life ). A person with a progressive condition, affecting the ability to carry out normal day to day activities in the future, is classed as disabled.
At least one of the following areas must be badly affected :
Mobility.
Manual dexterity.
Physical co-ordination
Continence.
Ability to lift, carry or move everyday objects.
Speech, Hearing or Eyesight.
Memory or Ability to concentrate.
Learn or understand.
Understanding of risk of physical danger.
LEGAL AND REGULATORY FRAMEWORK.
The legislation relevant to this disabled adaptation policy is in all or part:
The Chronically Sick and Disabled Persons Act 1970.
This requires Social Services to assist people with disabilities in obtaining aids and adaptations for the purpose of making their home suitable for their needs.
Housing Act 1980 - 1985
Housing Grants Construction and Regeneration Act 1996.
Provides for Disabled Facilities Grants. Council Discretionary Funding is also available.
Both are available to council tenancies and in some cases the D.F.G. will carry a means testing.
All subject to the works being necessary and appropriate, reasonable and practicable.
Local Government and Housing Act 1989
The Disability Discrimination Act 1995 / 2005.
Part 3 imposes duties on service providers to make ‘ reasonable adjustments ‘ to services without which it would be ‘ impossible or unreasonably difficult for the disabled person to use the service.
Since 1st October 2004, where a physical feature makes it impossible or unreasonably difficult for a disabled person to access goods or services, the organization is required to take reasonable steps to :
Remove the feature.
Alter the feature to negate the effect
Provide means of avoiding the feature
Provide reasonable alternative to make service available.
Although these provisions apply to public / communal areas, we also view to provide accessible homes to all our residents
KEY POINTS TO POLICY.
1. The disabled adaptations policy will be implemented by a surveyor in the Landlords and Community Services maintenance team.
2. T.D.C. will endeavour to ensure all disabled adaptation works carried out represent value for money, are of good quality, meet the needs and aspirations of our tenants / residents and minimize future maintenance costs.
3. Where we have problems in respect of a property not being suitable for the adaptations required, we will assist in identifying and helping with a transfer.
4. We will record all disabled adaptations made on our stock condition data base. Whenever practical, we will use this information to ensure full use is made of existing facilities by targeting suitable adapted properties to applicants with matching needs.
5. Recycling different types of aids and adaptations will be carefully considered having regard to condition and health issues.
6. In most cases, the maintenance of adaptations will be undertaken by Thanet Council unless otherwise agreed beforehand by interested parties.
7. Funding will be made by Thanet Council from discretionary money out of revenue account , allocated capital budget or from Thanet Council D.F.G.
8. Adaptation requirements can be identified be either, a Social Services referral, (Occupational Therapy Bureau),Thanet Council officer referral or a self assessment referral. Self assessment will only be for minor adaptations, ie. Grab rails etc. In all major adaptation cases, the O.T.B. will be consulted regarding an assessment and recommendations.
9. All major adaptations will involve tenant / resident liaison to ensure Tenant Satisfaction and Right First Time achievement.
10. All minor works will be completed within eight weeks of acceptance. In some cases emergency referrals from O.T. / Hospitals will take priority and will be within one week of acceptance.
11. All major works will be completed within twelve months subject to available funding.
12. Extensions are not governed by any time scale due to budget sourcing, adaptation waiting list, planning and building control, conflicts of interest or other unforeseen disputes that could prolong the process.
13. Thanet Council will maintain a list of all adaptation works referred. This list will be shared with Occupational Therapists and reviewed at quarterly meetings.
14. Where major adaptations have been made to a property for a tenant, funds would not be made available to adapt another un-adapted property for the same tenant if they wish to move / exchange within the council housing stock. Consideration will be given to extenuating circumstances which give rise to the tenant needing to move and can then be reviewed and permission given for a move with adaptations approved by either the Landlord Services Manager or the Disputes Panel.
15. Any disputes will be reviewed by a panel comprising of Contract Administrator, Maintenance Manager, Housing manager. This panel may also include the relevant Occupational Therapist where applicable. Where a resolution has not been found, the Landlord Services Manager will make the final adjudication
.
16. Maintain regular communication and share information with all interested parties
17. Ensure that the Authority enhances the quality of life for all residents who are classified within the disabled category.
18. Ensure that individuals and groups are treated equally and that no individual or group are treated less favourably for any reason.
19. Monitor contractors works to ensure good working practice and quality of works delivered.
20. Maintain tenant satisfaction surveys
21. Ensure that Thanet District Council meets all its statutory obligations within the regulations applicable to housing and disabled tenants.
MONITORING.
Thanet Council will liaise on a regular basis with the approved contractor to ensure the quality of products installed, the quality of work, and the delivery is within the time scale required to meet or exceed expectations of the tenant / resident.
Thanet Council will provide the instruction sheet for each job to the contractor detailing the works required.
The Contractor will maintain a progress report which will be updated and sent electronically to the Authority each week
The Contractor will maintain customer satisfaction forms which will be made available to the Authority at each quarterly meeting for scrutiny by contract administrator and O.T.
The Authority will monitor the works issued to work within the budget
STAFF TRAINING.
The success of the Disabled Adaptations Policy is dependant upon the correct implementation and support by all staff involved within the process.
T.D.C. staff will attend with O.T. personnel and contractors to site as and when required to ensure understanding and nature of requirements.
T.D.C. staff and contractors will develop understanding of regulations and statutory requirements within this field.
T.D.C. staff and contractors will develop understanding of component adaptations available to suit the needs of identified disabilities.
T.D.C. staff and contractors will give consideration to any external training made available to them.
REVIEW
The disabled adaptations policy and accompanying procedures will be under constant review for adjustment / alteration to reflect the needs of our tenants and budgetary requirements.
An annual review will be conducted to ensure any changes in statutory guidance and good practice are fulfilled.
APPENDIX 1.
Chronically Sick and Disabled Persons Act 1970.
Under this legislation, local authorities must have regard to the needs of chronically sick and disabled persons in their area.
Local authorities are also required to assess the needs of disabled people for adaptations to their home and to assist in arranging this. ( including top up funding if necessary )
People who are assesses for ‘ Community Care Services ‘ under the 1990 National Health Service Community Care Act, and are legally defined as ‘ disabled persons ‘ have the right to an assessment for services offered under section 2.
Council tenants can, however either ask for re-housing under section 3 of the Chronically Sick and Disabled Persons Act 1970, or alternatively apply for a disabled Facilities Grant under the Local Government and Housing Act 1989.
Under this legislation, housing authorities have a duty to liaise with social service authorities.
In addition, when social services carry out an assessment, they must involve the Housing Department.
APPENDIX 2.
Housing Act 1980.
This major piece of consolidating legislation reiterated the duty of every local authority to consider and review housing conditions.
It introduced the concept of the ‘ Secure Tenant ‘ and ‘ Tenants Charter ‘ granting security of tenure and certain rights of consultation to tenants of local authorities and housing associations.. The ‘ Right to Buy ‘ was also introduced, although certain specifically adapted properties were excluded from this.
Housing Act 1985.
This legislation consolidated previous measures found in Housing Act 1957, Housing Act 1977 and Housing Act 1980.
Large sections of this legislation are now included or superseded by the Housing Acts of 1988 and 1996.
APPENDIX 3.
Housing Grants, Construction and Regeneration Act 1996.
Under section 23 of the Housing Grants, Construction and Regeneration Act 1996, the adaptations required must fall into the following categories.
Applicable to D.F.G. but not limited to.
Points are also taken into consideration for council housing stock and discretionary funding allowances.
1. Facilitate access to and from the dwelling or to a room used as the main family room.
2. Facilitate access to, or provide the disabled person with, a room used as the main family room.
3. Facilitate access by the disabled person with, a room used or usable for sleeping.
4. Facilitate access by the disabled person to, or provide a room with a lavatory, bath, shower or wash basin, or facilitate the use by the disabled person of the facility.
5. Facilitate the preparation and cooking of food by the disabled person.
6. Improve or provide a heating system to meet the needs of the disabled person.
7. Facilitate the use by the disabled person of light and heat by altering the means of access to, or source of control of the power source.
8. Facilitate access and movement by the disabled person around the dwelling to enable him or her to care for a person who normally lives in the dwelling and is in need of such care.
9. Make the dwelling safe for a disabled person and anyone living with him or her.
10. Make the dwelling suitable for the accommodation, welfare or employment of the disabled person.
Local Government and Housing Act 1989
This legislation introduced the Disabled Facilities Grant ( D.F.G. ) as a means of providing funding for adaptations. Under provisions of the Act local authorities can make grants to the private sector and housing association tenants or their landlords for the purpose of of adapting dwellings for use by disabled people. Eligible applicants had a right to grants, and discretionary grants are also permitted.
Housing and Property Services