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To think that this must be discriminatory ??

(14 Posts)
Mamazonabroomstick Wed 28-Oct-09 20:57:49

I recieved a document this morning from our local council. It is outlining the plans for changes to the council tennancy agreements.

Most of them are just typical pass the buck and hold no responsibility type clauses, but one reads

"you or your household or any visitors must not bring, store, charge or use motorised mobility scooters, mopeds, motorbikes, mini-motos or quad bikes inside your home or garden, nor within indoor common areas such as entrance halls. stairs or landings."

ok now whilst i understand the thinking behind the mopeds and mini motos etc, what on earth are the thinking by putting Mobility scooters in the same catagory?

My dad is disabled, he cannot get around outside the house without his scooter. He keeps it in a shed in the garden and has an electricity supply that runs out to it. I cannot see how it can be legal to prohibit the use of such an essential item.

They are basically saying that either my dad becomes a hermit or he is in breach of his tennancy agreement and my family could be evicted!

surely this is wrong?

lindsaygii Wed 28-Oct-09 21:08:31

Lots of council tenants will be in need of mobility scooters. They won't be able to enforce it.

Write to them and point out the error of their ways. Or just ignore it and carry on keeping the thing in the shed.

Either or.

smokinaces Wed 28-Oct-09 21:12:03

Can you apply to the council? I know here there are things in the tenancy agreement, but if you write a specific letter detailing which part you need to appeal they reply (99% of the time) agreeing.

I think the whole rule is stupid really. Whats wrong with storing your motorbike in your back garden for safety?

Our worst tenancy clause is that we arent allowed to keep any livestock including chickens, which I think is a bit sad in this recession, could have done with some cheap eggs grin

YANBU by the way

AMumInScotland Wed 28-Oct-09 21:12:29

That sounds like they've just not thought it through - I'd challenge it if I was you. They should include a clause that allows you to charge them, and use them appropriately (eg indoor ones inside, outdoor ones in the garden/paths), if you have a disability.

cakeywakey Wed 28-Oct-09 21:19:46

It's not really discriminatory - just daft. If these are plans for changes, then they're asking for feedback - make sure that you get your views across loud and clear.

Lots of councils make it clear to tenants that if they buy a scooter without it being recommended by occupational health, the council won't pay for ramps, storage sheds or electricity sockets to be put in for one to be used, the tenant has to bear those costs. (You can just buy them in Argos for example, they may not be medically needed.)

However, in a case of genuine need they can't stop you from having one - and should support you. Send your comment into the housing service - in writing - and copy in your local councillor and the housing portfolio holder. It should be councillors who approve the final decisions and they should listen to what tenants have to say.

scottishmummy Wed 28-Oct-09 21:28:20

council will have written a generic catch all document.envisaging not blocking communal hall/stairwell etc.rather than the individual in their own home

contact council OT for clarification/support about use of essential mobility acquirement. if need be maybe they can write supporting document he needs mobility scooter

scottishmummy Wed 28-Oct-09 21:29:33

contact council OT for clarification/support about use of essential mobility equipment. if need be maybe they can write supporting document,that he needs mobility scooter indoors

Mamazonabroomstick Wed 28-Oct-09 21:34:55

Its not just my dadf though. there must be hundreds of people in the borough that use these scooters.
I really don't believe there are too many that spend thousands on them just because they like the look of them, they buy them because they are necessary.
Whilst again, i understand the need to point out they cannot block communal area's this states that they cannot be kept or charged in teh home or garden at all.
where are people supposed to keep them then? where do they charge them?

Its just utterly ridiculous.

My mum called the council and got a "well its only a draft and your comments have been noted" brush off.

Its just such a lazy oversight on their part.

cakeywakey Wed 28-Oct-09 21:40:47

Mamazonabroomstick - make sure that your Mum writes in. Her comments may have been noted, but they won't be detailed, or in her own words.

It is a lazy oversight - but they need tenants on their case to make sure it's out of the final draft before it goes for approval.

scottishmummy Wed 28-Oct-09 21:42:02

yes,given large no of adults using mobility scooters it is odd document.reads like a generic knee jerk reaction

gp and/or ot can write supporting essential needs letter of support if required

Qally Wed 28-Oct-09 21:50:03

Can't imagine that's legal, if your Dad needs it. Equal Provision Of Goods & Services, surely?

Googles

voila.

"Discrimination

Discrimination in respect of goods and services occurs when a service provider treats you less favourably for a reason which relates to your disability, and the treatment cannot be justified under the provisions of the DDA. The service provider also discriminates if he or she fails to provide you with a reasonable adjustment when required to do so under the DDA and that failure cannot be justified. As such the DDA imposes a proactive and not a reactive duty."

shallishanti Wed 28-Oct-09 21:50:19

surely that is discrimination and illegal- if you provide a service to the public you cannot discriminate and must make reasonable adjustments to cater for people with disabilities. Council should have a diversity-type officer who could sort it out.

shallishanti Wed 28-Oct-09 21:52:05

wow, thanks Qally, as I thought grin

scottishmummy Wed 28-Oct-09 22:04:36

dda is about equality of access to services. scooter stored in private home domain isnt accessing a service per se.so dda may applicable here.

the Disability Discrimination Act 2005. gives disabled people rights in the areas of:

> employment
> education
> access to goods, facilities and services

main spirit of act to cite is allowing tenants to make disability-related adaptations to their home,rg ramp,lowered kerb.and arguably safe storage of mobility equipment

however,OT/GP can write supporting statement for use and essential mobility equipment

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