Council Discrimination OR Not?

[phillyg]

Good evening all,

 

Some help needed please. I have been on the council's transfer list to move for the last 3 years as a medical priority as being assessed as medical priority B by their independent doctor. I was placed in Band 2. I went down the list to position number 3 so was hoping to move very soon.

 

The reasons for moving were because I am registered disabled and there are 72 steps to get into my current property. This is next to impossible as I have mobility issues.

 

When my partner called the council the other day she was told that are band has changed and we are now position 10 in Band 3. When my partner questioned why we had moved bands she was told they had a policy change in April 2013.

 

So it has taken over 6 months for us to be informed of the change of policy!! Not at any point has any letter been sent to advise us. The only letter we have had is one dated 02ndOctober stating position number 3 in Band 2.

 

Now when I have looked at their new policy band 2 only applies to those that are working,in training or foster carers.

 

So all of the disabled people in band 2 have been thrown out and either placed in band 1 or band 3 like me.

 

Can anyone tell me if this breaches the housing allocation law? Also does this breach protected characteristics?

 

In other words someone who works has more priority than one who is disabled placing the disabled person at the disadvantage.

 

Any help would be greatly appreciated.

 

Regards

 

Phil

[marmacc]

Ask for the Equality Impact Assessment, or evaluation of the impact of that policy change. Contact you local authorities Equality team, they should have evaluated a policy change like that.

[phillyg]

But surely would that kind of change not constitute indirect discrimination against the disabled? Taking away their priority? Placing the disabled at a disadvantage

[Bambert]

It sounds as though there is an argument that this could amount to "discrimination arising from disability", presuming that the reason you are out of work is that you are unable to work because of your disability. Is this the case? If so, do you receive ESA (and which type - income based or contribution based)?

[phillyg]

Thanks for the response. Yes the disability was caused by the accident of which prevents me from working. The esa is income related.

 

Regards

[Bambert]

You're entitled to legal aid for discrimination matters. Call Civil Legal Advice and ask to speak to a discrimination solicitor. The service is free. You'll be referred to either Stephensons or Howells.