Can my housing association take my mobility scooter and destroy it ? - Page 2 — Scope | Disability forum
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Can my housing association take my mobility scooter and destroy it ?

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  • April2018mom
    April2018mom Posts: 2,882 Disability Gamechanger
    Bruno44 said:
    I live in a housing association flat, Mobility scooters are becoming a real issue in many communal areas of blocks of flats due to modern updated fire regulations. We have just had a fire inspection at my block of flats (Independent Living). Unfortunately we have been told that our fire officer has advised our housing association that scooters should not be allowed in communal areas under any circumstances due to the batteries being a fire risk plus the possibility of being a obstruction during a fire evacuation. Some of us with larger scooters have issues because the scooters won't go into our flats without major door widening and people on the first floor have other major problems with storage as they cant get the scooters up the stairs and our block does not have a lift. The association is now looking at external charging sockets which is not really the answer as the scooters will then be stored outside. I am personally looking into permission for a shed to store my scooter.
    Do you have a advocate or not?
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Thanks for sharing this @Bruno44. The block a good friend of mine lives in (also no lift) has an area underneath the stairs where the residents store mobility scooters. The association has now decided to fill the space in to prevent anybody storing anything. Obviously I understand the risk of fire and many of these items can contribute to fire load, but very little thought has been given to where else they could be stored.
    Please let us know how you get on as I'd be interested in hearing what happens.
    Community Manager
    Scope
  • Bruno44
    Bruno44 Community member Posts: 2 Connected
    edited August 2019

     After spending a great deal of time researching alternative ideas in search of a solution regarding the problem many of us have about mobility scooter storage and the lack of support or help from my housing association staff I feel that I, like many of you, am alone with regards to finding a easy and manageable solution. My housing association have point blank refused to make any arrangements for the storage of such vehicles at my scheme and the only thing they are prepared to consider is outside charging points, which in truth are not solving the real problem.

    What is even more infuriating is I have learned that other schemes within the association have had facilities made available in the past therefore one would assume that a precedent had already been set. I am under the distinct impression that the whole issue is budget related, in financial outlay and manpower, including time allocation from a managerial point to deal with what is fast becoming a problem/issue for many schemes and associations. My own Housing association manage sixteen sheltered/Independent living properties within my immediate area of five or six miles which makes many of us think that our association is making it a issue that they do not really want to deal with and that they are avoiding further precedents. The reason they may not want to deal with it is possibly due to not only the financial aspect but the extra time and man-power required to manage the whole issue across the many schemes nationally within the housing group. This is in spite of their mission statement below, here is what they say on their web page:

     

    Quote:

     

    Equality and Diversity

    "We recognise that certain groups in society are disadvantaged and that they often do not have equal access to jobs and services. In the provision of housing services and employment of staff to provide these services, we will always seek to ensure that we treat every individual according to their needs".

    Sponsorship and charity

    "We are committed to supporting and enhancing the communities we serve through the sponsorship of local charities and community groups"

     

    So, this will be my polite reply to them at the next “House Meeting”.

    "Disability groups are certainly disadvantaged by default and as a housing association they state they will always seek to ensure that they treat every individual according to their needs. Oh dear. Well I must tell you Mr Housing association that my disability needs are NOT being met by you and you are in fact avoiding those needs, in spite of precedents that have been set elsewhere”.

    This has been a long term ongoing problem for many of us, however, from past experience I do not for-see any advancement regarding this problem in the immediate future, it will no doubt be just another day with the same old rubbish giving us the same old disadvantages using the same old excuses. This problem is on the agenda for discussion at the next house meeting and I will try to post again with results of the house meeting.

    Regards ...Bruno


  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    Hi @Bruno44 and thank you for sharing this with us all. I really hope the next house meeting goes well and please do keep us updated. If there is anything we can do in the meantime then please do ask. :)
    Scope

  • david235
    david235 Community member Posts: 170 Pioneering
    I admire your ongoing campaign @Bruno44 and hope you get an appropriate response from the Housing Association.


    I think it is important, though, to point out that no precedent in a legal sense is established by decisions the Housing Association has made at other schemes. The Equality Act 2010 contains a duty to make reasonable adjustments in relation to the common parts of let premises, but this duty has not been brought into operation and is therefore of no legal effect (it is section 36(1)(d) - note carefully the "Commencement Information"). Even if this duty was in effect, reasonableness would be determined separately for each scheme, with decisions at other schemes merely giving some indication of what might be reasonable.

    It could be claimed that a decision to bar mobility scooters from communal areas is indirect discrimination against mobility impaired disabled people contrary to the section 35(1)(a) Equality Act 2010 requirement not to discriminate in the way that the manager allows or disallows the use of a benefit or faciilty. It would be indirect discrimination because the ban on mobility scooters applies to everyone, but disproportionately affects mobility impaired disabled people. However, indirect discrimination is lawful if the policy can be objectively justified - if scooters are potentially in an evacuation route and/or are being charged in a stairwell, then this arguably provides ample justification for a ban on them being stored and charged in communal areas.


    This issue has affected so many disabled people who have been able to live satisfactorily whilst a blind eye was turned to the scooter, but now face enforcement action by their landlord / managing agent that leaves them unable to store and/or charge their scooter. The publication of the National Fire Chief's Council guidance on mobility scooters in residential buildings was a wake-up call to landlords and managing agents. The recommended approaches in paragraph 15.6 are typically costly in terms of space and resources. Any purpose built or adapted internal storage and charging room recommended to have 60 minute fire-resisting construction, fire-resisting self-closing doors and automatic fire detection.
  • Darking
    Darking Community member Posts: 7 Listener
    Bruno 44 I have had exactly the same experience, after years of fighting tort notices, after an OT assessment they first had a slab laid with locking rings which I contested. 

    After more disputes over three years they built a tin can shed on the slab. We then had secure parking,  but no source of power so I ran an extension lead from outside socket that an electrician installed for us.

    After a few months they now say that it is a tripping hazard and we cannot use. They have constantly suggested that we keep our two big scooters and my powerchair in our flat which is impossible so at present I'm unable to charge our mobility aids in the shed six years after the original row over them.

    I'm not a conspiracy theorist but it seems housing agencies are at war with disabled people. 

Brightness