Is this disability discrimination

[Sweetfa22]

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, have you contacted your local occupational health team about the oven and hob?

It must have been a wrench leaving your home. I don't understand why the council didn't forward plan much earlier.

People lose me in an argument when they use the phrase 'paid my fair share'. The fact is, that very few people ever pay enough in tax to cover what they take from the public system. Social security and it's associated services are there for those that need them. They aren't a bank that you can dip in and out of because you think you've paid a 'fair share'.

I wouldn't spend 9kon my garden (and we own our house).

While I have empathy for you because moving is stressful and having a disability is life changing, I think YABU to suggest it's discrimination. It's upsetting, it's horrible and it's unfair but the council could not have done anything else.

OP, the key phrase any organisation or public body has to consider when supporting someone with a disability is "reasonable adjustment", with the emphasis on reasonable. That's not the same as doing everything a person wants or thinks they may be entitled to. In this case, I'm afraid it sounds as though you would have no discrimination claim because the council appear to have made precisely that - reasonable adjustments. They've carried out a survey, made the decision it's structurally impossible to meet the legal gradients and offered an alternative solution; they've met their obligations.

I do have genuine sympathy as my DH is disabled and I live with chronic pain myself. I know how unfair it can be and I don't think there's anything "lucky" about having a disability, council house or not. I know how it feels to flail around in anger looking for someone to blame or an answer or solution, and how easy it is to fixate on whatever you land on. Sadly it's rarely completely rational and you usually have to accept eventually that this is just the shitty hand you've been dealt.

I hope your new house can, over time, help make life a bit easier for you.

Think you should be thanking the council not wanting to sue them. How could they have done more for you?

There is help for anyone on a low income to apply for adaptations, so no, the OP is not 'lucky' she's in council accommodation and got help.

I see it from both sides as I understand the gradient issue, but it would have made much more sense for the council to put in a lift and have a fully adapted property, instead of one where they only have half.

I really feel for you OP. It's an awful situation and I understand why you're so upset.

I can't believe people saying its the OP's problem and she should basically just deal with it. I think unless you have a disability you won't be able to understand for a second what it's like.

You blew £9k on a garden and are now in debt due to paint brushes?

I have a disabled son and have to fight a lot to get his needs met, so although I have no qualifications I am fairly familiar with the disability discrimination act and equality act etc. You have no viable claim under any of those that I can think of.

I do sympathethise with your situation, moving house is expensive and stressful but I don't think you have any cause to blame anyone else, it's sucks your disability is getting worse and you're needs could not be met but they did make reasonable adjustments and provided situable alternatives.

As for HAVING to decorate, no I really really don't get that at all. I just moved Friday, my new house isn't to my liking, in fact some of it is really poor. Right now I don't have a single working draw in my kitchen, nothing in the house is to my liking or standard, but you know what? Tough, it will get done when I can afford it! I've never understood the need to rush to get stuff done immediately, you can actually like without carpets and walls in a suitable colour, I am fairly certain you don't NEED to do anything and that your new house doesn't have the major issues both my new house and my previous one had when I moved in, none of which was done straight away.

If your complaint was solely about having to move and it sucking that your disability in affect forced you out of your home you love then you would have my full sympathy ... however looking for reasons to sue a council who has tried to help you and complaining about your choice to get into debt decorating a new house doesn't get my Sympathy at all.

Good luck with the move though, hope you settle in soon.

Horrible, miserable situation but not discrimination that I can see.

Francis really? Because I have seen a fair few posters on here say that it's her disability. I just think people could be a bit more helpful and offer a little bit of advice instead of just commenting on what she's spent her own money on.

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!

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.

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.

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.

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!

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.

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.

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.

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.

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!