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Hi, my name is frustrated!

frustratedfrustrated Member Posts: 1 Listener
Hello Everyone,
                         This is my first post and possibly my last before i top myself ( joke ) we live on a privately owned residential park home estate,cannot use my mobility scooter as the kerb height is 65 mm above the road level,site owner who is responsible for all maintenance/improvement works refuses to drop the kerbs,say disability law does not apply to his site.'
                Any one had a similar problem.

Replies

  • secondbeesecondbee Member Posts: 23 Courageous
    Oh I can see how that would make you @frustrated like your name says! 

    I don't have an identical problem because I don't have a scooter but I find it difficult to step up and down kerbs and when I complained to my council was told to complain to the developer because my site is still unadopted. 

    The guy is dead wrong, lowering at least some of the kerbs is completely reasonable, though I don't know how you'd go about getting him to do it without going to court. 

    In any case, welcome. Perhaps we can make you less frustrated over time 
  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @frustrated

    It’s great to meet you this evening.

    I’m sorry to hear about your ongoing problems.

    I will pass your post onto one off our “Community Experts”

    They will be in touch shortly !!!!!!

    Please please let me know if I can help you further ??? 

    Hi @Debbie_Scope

    Can you please help me with one ????

    They are currently having problems with a dropped curb !!!!!
  • izaiza Member Posts: 470 Pioneering
    Hi @frustrated, welcome to the community. 

    I hope someone will come back to you with clear message.
    However, please check who is managing the owner of the home estate. Even private landlords needs to follow law regulations and do not discriminate disable people.  
    Please check if there is any general policies available for landscaping in your home area and for your private residential home. 


  • Jean_OTJean_OT Member Posts: 532 Pioneering

    Hi @frustrated

    I think this is basically a  legal question.

    Does the company have a legal duty to drop some curbs as a 'reasonable adjustment' under the Equality Act 2010?

    I think this needs exploring further to see if you have a winnable case. Perhaps you could discuss it with the Equality Advisory Support Service:

    http://www.equalityadvisoryservice.com/

    Best Wishes

    Jean

     https://community.scope.org.uk/categories/ask-an-occupational-therapist 

    Jean Merrilees BSc MRCOT

    You can read more of my posts at: https://community.scope.org.uk/categories/ask-an-occupational-therapist

  • Debbie_ScopeDebbie_Scope Member Posts: 947 Pioneering
    edited January 2018
    Hi @frustrated,

    Welcome to the community.

    Seek advice from LEASE. They have information about Park Homes specifically. Park Home legal issues can be quite complex so it's best to seek advice on this. You need to rule out if there are any legal restrictions which would prevent you from having a dropped kerb. The first thing to do is to read through your lease documents, or have them to hand when you speak to LEASE.

    With unadopted roads there could be Land Easements, Rights of Way, Land Title or Ownership issues, so multiple areas of law involved. This is where it all gets very complex.

    As mentioned above by @Jean_Scope, contact the Equality Advisory Service for advice relating to the Equality Act 2010 and reasonable adjustments too.

    Let us know how you get on and good luck!

    Best wishes
    Debbie
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    This sounds a very complex issue and I doubt the owner understands a lot of it. Most likely he is just giving an excuse for something he doesn't understand. Will be interesting to see how this plays out. Please keep us informed.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
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