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AIBU?

Is this disability discrimination

140 replies

Sweetfa22 · 21/02/2017 18:20

This is my first post (although i do read loads) so please be nice as I'm an emotional wreck. Any friends here will know me and my situation. I need advice on whether you think I may have a case for discrimination against my local housing authority. It's a long one.
My dh and I have 5 kids ranging from 20 to 4. We lived in a lovely council house semi detached in a quiet area which had 6 big stone steps leading up to the front door where there were another 2 large steps to get into the house. I wasn't disabled when we got the house so all was fine. After a year I became registered disabled (I'm 44) due to chronic pain and progressive degenerative sacroilitis. I really struggle to mobilise and have been in and out of hospital loads for pain management. The council managed to adapt the inside of the house to meet my disability needs after much shouting and begging and emails to the chief exec. They installed a wet room into my downstairs bedroom so I could function a bit easier as stairs cripple me. We also spent around £9k landscaping our garden to make it accessible for me to use, with decking area, new lawn etc. It's beautiful. We'd no intention of moving home so we spent the money doing the house up. Now my condition is worsening and I was really struggling to access the house using the wheelie bin ramp that was put in as the stairs are so steep to get bins down. The council have tried everything apparantly to install a metal wheelchair ramp but they say the layour prevents them from getting the proper gradients so it couldn't be done. We were given a letter telling us to find another suitable property either through the home swap system or private rent or bid on other properties. Each option would cost us money we don't have. We've since been offered a property in another town which has level access and we've had no choice but to take it as I'm really struggling to enter/leave my old house. We had literally 2 weeks to move house as we can't afford 2 rents etc. The new place needed fully redecorated and carpeted (our existing carpets wouldn't do and my mum kindy paid for new ones). My issue is that we are now seriously in debt after having to pay for paints brushes new blinds curtains etc. My kitchen has no cooker as we had to buy new integrated oven and separate hob for the old house when it was adapted for me. This new place has no space for any of these appliances and I can't use a normal cooker as I struggle to bend down hence buying the build in oven. These appliances are still in the old house and we need to hand the keys back on Monday. We've had to fork out for a skip for rubbish, pay removal vans and spend a whole heap of money we had to borrow in order to move house. All because I'm disabled and the council couldn't put a wheelchair ramp in. I'm so angry that we get no help no recompense and nothing but debt because of this. As well as having to pay higher rent and double the council tax for a house the same size as we had to leave. If I wasn't disabled then we wouldn't have to move. Aibu to feel really pissed off and discriminated against because I'm now disabled. Do you think I have a case for suing for losses after all the work we've put into the other house, purely because they couldn't make it accessible?

OP posts:
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FeliciaJollygoodfellow · 22/02/2017 14:41

Sweetpotatoaddict - how many people do you think get a bin ramp put into the house free of charge? OP specifically mentions it as an adaptation.

But nice job picking out the one sentence that you feel deserves the Hmm

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MatildaTheCat · 22/02/2017 12:28

I'm disabled and have also had to make a lot of life adjustments which I didn't wish to do. It sucks. However I do think that you are directing your anger at the wrong people. The council clearly did try to assist.

Try to view the move positively. If you get get in and out more easily that's got to be good? Your dh sounds a hands on and practical man so get the new house as good, or better than the old one and enjoy life there. Being with family is what makes a home. Much as you loved your old house it wasn't any use to you if you couldn't get in or out safely.

Best wishes.

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MrsPinkCock · 22/02/2017 11:53

They only need to consider "reasonable" adjustments. They're unable to convert your current property so have offered to move you.

It isn't discrimination. Just a pain in the ass.

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PageStillNotFound404 · 22/02/2017 10:59

There are people out there who would love to be in your shoes.

Yeah, loads of people would love a council house and secure tenancy.

Probably not so many queuing up to take the OP's disability though...

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Sweetpotatoaddict · 22/02/2017 10:55

felicity - the council managed a bin ramp
I'm unsure how this relates to alterations made for OPs disability Hmm

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Cantstopeatingchocolate · 22/02/2017 10:24

Will the council not help to adapt your new kitchen baring in mind they did your previous home and understand your needs.
Other than that I have no good advice for you. Unfortunately if the council did everything they were able to do I don't think you'd have a case to sue them though.
I wish you all the best, moving home is one of the most stressful things ever and your disability doesn't help. I hope things work out ok for you. X

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BusterGonad · 22/02/2017 10:10
  • shouldn't
    *christ not crust!!!
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BusterGonad · 22/02/2017 10:02

X2boys I'm not in London or the South East. I just don't think you should moan about the council when they've done so much for you as a tenant, crust if I needed all that done I'd have to pay out if my own pocket. It sounds to me that the council has gone above and beyond for the Op and yet they're getting slated....it's not good form imo.

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x2boys · 22/02/2017 09:47

Well we dont all live in London or the South East ,Buster, council housing rent where i live is comparable to private here in the northwest and where i live it wasent difficult to get a council house anybody could go on the list as long as they had a right to live in the uk and had connections to the town i have no idea where the op lives but maybe its similar where she lives i got my house two years ago so not too long ago and its not free either.

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Sweetfa22 · 22/02/2017 09:44

You said you've been given a new (2 yrs old) house that meets your requirements. If it is in band E I'm guessing you have a 4 bed house on a somewhat executive estate, part of the obligations house builders have, providing roughly 10% of the estate to social housing.

You really don't know how lucky you are to have your families needs catered for.

Sorry to disappoint your totally low view of me but it's a full council built new group all social housing full of terraced houses and 2 up 2 downs. I've no idea why the band is so high either but there you go.

I DO realise I'm lucky to be housed in thus new one and as I mentioned in the OP my head is a mess atm so pls be gentle with me.

I guess as per pp that I was focusing my anger at the situation we're in now at the wrong people. My post was a spur of the moment thing as I needed to vent somewhere. Obviously I chose the wrong words (and the wrong place) to vent.

Thank you to the very kind posters who sympathised with my situation and wished us well. #Thecatsmother report it? Really? Dear god.
Hindsight is great if you have the foresight to use it. We didn't. And yes we had 4 kids and a mortgage thank you for asking however dh lost his job so we couldn't afford the mortgage and like many others at that time we lost our house. We applied for social housing, as anyone can, and after a year we got one. Contraception failure resulted in the last baby which left me disabled. I don't believe in abortion so that was never an option and I'm not prepared to be judged for it. So yes very unlucky I suppose in the hand I've been dealt but I suppose many of you will just say it's karma or my own fault etc. I mean who goes into a pg wanting to come out disabled at the end of it? However I know I now need to focus on the future and not dwell on the past. It's also made me realise that although there are still some genuine lovely people in the world who do read between the lines and understand the angry and pain behind them, there are hundreds more who just want to bash you with hurtful words and make you feel even lower than you already do.

Thanks for your opinions folks. My thoughts and prayers are with those who need them most.

OP posts:
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Noodoodle · 22/02/2017 09:39

Agree with pp, council did all they could to adapt for you. They carried out what they are obligated to do and although it would be preferable for you to stay in the home you love, if a ramp couldn't be done, you can't sue them for that.

Also, installing an outside lift would cost thousands (if it would even be possible for the layout of the road and not get in the way of passersby) and if/when you did eventually move, would also cost a lot to remove. It is more sensible/sustainable/cost effective to help you move to a more suitable home, which they have offered you. And moving home with the council is not a quick thing, there will have been discussions about it, you will have known it was going to happen. Everyone has to pay for moving costs. The only exception I know of is, at least for my LA, is if the person is downsizing, coincil will pay for moving as there is an incentive for them to get the bigger home back in exchange for smaller as bigger homes are in greater need. You've gone to the same size so wouldn't obviously apply. Also most councils have a standard policy for empty properties which is clean and safe, not decorated or with flooring which is tenant responsibility.

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Laquila · 22/02/2017 07:48

Some wise words on here.

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KateDaniels2 · 22/02/2017 07:03

I don't think you ca sue but you could argue that moving costs should be waived as its not your fault you have to move and they should find you a new home that is suitable

But its not the councils fault either?

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Nessie71 · 22/02/2017 06:19

Sorry for your situation but i think the council did all they could...so dont think they should pay for moving costs!! Are they going to have to adapt your new house?

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FrancisCrawford · 22/02/2017 05:46

This reply has been deleted

Message withdrawn at poster's request.

BusterGonad · 22/02/2017 04:24

I'm still baffled as to why 2 adults working full time earning enough money to SAVE 9k needed a council house in the first place. The whole council housing department is a joke! So you are living with the cheapest rent known to man, saved up a nest egg, afforded to have 5 kids, got your house adapted for free and yet your moaning and want to sue the very people that have made it possible for you to live such a cheap lifestyle? Charming. I bet my bottom dollar if you had a mortgage to pay you wouldn't have had 5 kids either!

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ElvishArchdruid · 22/02/2017 03:55

Hopefully this is mostly the stress of moving and feeling you have little control. The good thing is you've have a husband and at least 1 child old enough to help.

I've been disabled decades and it has been a real fight to get any kind of help. They had all the letters saying this is her condition now, it's degenerative, but that wasn't enough for occ health, they still wanted more. Don't get me started on trying to claim for direct payments. Unless you know how the system works, which some do, you're screwed.

You say the disability onset was 2 years ago, I suggest you turn your attention away from what you think should have been done and focus on your loving family.

There are people out there who would love to be in your shoes. Thankfully it sounds like you have available support, whilst it may take help, you can prep food and teach your older children skills that will last a lifetime which is a blessing.

I think the main thing isn't as much the outlay as it is the stress of the situation, you get left feeling was it worth it. Long term the answer is yes, you just need to settle into your new home.

Please don't wind yourself up thinking you can sue the council, it's wasted energy. Try as hard as you can to embrace the new property. Sell old appliances, even sell the carpet. Try and take some plants with you too so you have some of the old in the new.

Stress isn't going to help your pain levels, plus you need to try and normalise things for your children who are going through the upheaval of a move.

Wishing you all the best.

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ElvishArchdruid · 22/02/2017 03:31

They made adaptations to the property, they put in a downstairs bedroom, then downstairs wetroom. So we're easily talking £30/40k there, not to mention other stuff occupational health have done.

If you want to know unfair, it's those that are still living in unsuitable accommodation, waiting for years to find a suitable property everyone bids like bad on.

You said you've been given a new (2 yrs old) house that meets your requirements. If it is in band E I'm guessing you have a 4 bed house on a somewhat executive estate, part of the obligations house builders have, providing roughly 10% of the estate to social housing.

You really don't know how lucky you are to have your families needs catered for.

You said the garden was done to be made accessible for you, then it was changed to it was done before you got ill. Either way £9k is a lot to spend on a garden. I'm guessing you did work on it after they added the downstairs bedroom. So I reiterate again you've been really lucky.

There are those of us who sleep downstairs on the sofa because we can't get upstairs. There are those of us who are house bound and can't leave the property even if they wanted to. Even with wheelchairs and the like. Sitting & lying is absolute agony whilst on copious amounts of morphine. They aren't the sole issues, some of us deal with multiple disabilities. Yes we can argue we worked until we were too ill too.

I've faced disability discrimination and it was a lot more unpleasant than having to move into a new build from a house we'd made a home.

You have to buy some extra appliances to fit in the new kitchen, this isn't uncommon in any council house. If you can't cook, why can't your husband or 20 year old chip in and cook for you? Or do you need them to install a whole new kitchen at a height you can work at?

I get that the situation isn't ideal but I also know that if you are severely disabled you'll be getting benefits that cover your children and disabilities. Plus your husbands wage on top. How do you think though, people cope, who don't have all that money and still have to find carpets and appliances?

I would err on the side of feeling pretty lucky they had exhausted all options so moved you to what sounds like a really nice house, that has the room for you to sleep downstairs. So it does sound like a sizeable house to me. Correct me if I'm wrong but for it to be such a high band, the value of the house has to be considerable.

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TabascoToastie · 22/02/2017 02:54

The OP mentioned she needed to install new carpets in the new house - is carpeting a good idea for a wheelchair user?

Replacing old flooring with adhesive lino tiles can be done extremely easily and cheaply. It's not the most pleasant or luxurious thing, no, but many people live with worse.

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Oddsockspissmeoff · 22/02/2017 01:56

They spent a fortune of taxpayers money trying to sort it for you, you still aren't happy, got another free house and you want to sue? 🍘

Council houses aren't fucking free.

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WiddlinDiddling · 22/02/2017 01:47

Were you not advised to consider what your future needs might be when they adapted your home inside?

I find it quite surprising that they would not have done so and made you aware at that time that a ramp would not be possible.

Im afraid that as per the majority, spending 9K on the back garden knowing that the front access would be a problem in the future was ... not well thought out!

I can see why you'd be annoyed particularly if no one had the brains to suggest that instead of adapting the interior of a property youd eventually be unable to access, they move you to either an already adapted property, or to one that could be adapted and WOULD have an accessible exterior...

But you are as capable of thinking about htat and talking about it as they are, and I suspect you'll find your landlord has made all the reasonable adaptations and efforts they are required to ... youll just be throwing yet more money away pursuing this.

It is a little hard to be super sympathetic as I am stuck in an unsuitable home (which to be fair, I own, but in this area selling it will not realise enough money to buy something that IS suitable), and im now 3 years on the list for a more accessible bathroom and a stairlift.

Disability sucks and it is expensive and it requires a LOT of forethought and a bit of clairvoyancy at times!

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joangray38 · 22/02/2017 01:32

Feel for you op. For those posters saying if you lived in a house that is privately owned you would pay for alterations yourself , you wouldn't. The council would send assessors - occupational therapists round who would assess what you need . They would then provide small things like grab rails but you had to go round and get quotes for things like wet rooms etc . The council would then choose which tender to go for.
I don't think you ca sue but you could argue that moving costs should be waived as its not your fault you have to move and they should find you a new home that is suitable - the next one might not be adaptable once you are in it
It's a shame about the garden, yes you probably shouldn't have spent that much but when you are feeling that I'll you are looking for anything that will make you feel normal/ better. I don't tho k you can sue for that, in fact they might be able to make you pay to put it back to what it was like before you moved in so if I were you I would keep quiet about that.

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Cagliostro · 22/02/2017 00:58

Sucky situation but if the council genuinely couldn't put a ramp in then I don't know what else could be done really :( sorry you had to leave your home. Thanks

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maggiecate · 22/02/2017 00:40

Unfortunately I think your argument really falls apart here: All because I'm disabled and the council couldn't put a wheelchair ramp in. The key word is couldn't. Not wouldn't. If they hadn't tried then fair enough, but they have and they can't get it to work. They would probably much rather keep you in your old house, but it's not possible.
It's not fair that you're disabled; it's not fair that you have to leave your home because of it; it's not fair that we don't have enough decent social housing stock so that accessible, affordable housing is available to everyone who needs it when they need it when mansions are sitting empty. But it's not fair to blame the council - by the sounds of it they've done what they can with what they have.

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Silentplikebath · 21/02/2017 23:29

Herschellmum, I completely agree,with your point about having to get stuff done after moving instead of waiting. I lived with no carpet in my bedroom for several years as I couldn't afford any and it was fine. I'm also disabled and my garden hasn't been adapted. I simply don't go into the bit that is down the steps but I can still sit outside which is all that matters. I've only just got round to replacing the grotty living room carpet after living here for 10 years!

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