Social Landlord - Duty of care to re-house?

[Cay14]

Morning all,

 

I'm new to the site so please forgive me if I have posted in the wrong section.

 

I am currently signed off work and have been since June 15 with Joint Hypermobility Syndrome, Chronic Pain Syndrome and depression. Recent blood tests also show that I now have (what my GP called) 'A very severe vitamin D deficiency'

 

I am a social housing tenant and live on the top floor of a 2 story block of maisonettes. There is no communal lift in the block and I have to walk up and down over 50 stairs to get in/out of my property.

 

The pain I constantly suffer makes it difficult to move very far or at any speed and I only usually go out to GP appointments.

 

My condition has gotten worse over the past 7 months and I have been moved up a band on the housing register, but am still a good year away before my bidding makes any difference.

 

I have also joined Homeswapper, but unfortunately no joy yet.

 

I approached my housing officer to try and get a managed move due to my condition and she said that the HA no longer accepts managed move requests on medical grounds?

 

Does the HA have a duty of care to move me to a more suitable property? I explained to my HO that I have no quality of life as I am virtually imprisoned in my home. I sleep on the sofa downstairs (which doesn't help my condition) because I have started having panic attacks that there will be a fire in the block during the night and I wouldn't be able to make it out of the property quick enough. My depression is getting worse because of this situation.

 

I asked her for the names of the people responsible for the decision on managed moves so that I could make a complaint, but have not had any response and I would appreciate some advice if possible before contacting them again.

 

If anyone has any advice I will be extremely grateful

 

Thanks,

Cay

[Nystagmite]

That doesn't sound right at all. What would happen if there was a fire?

 

You need to send medical evidence stating why your current property is unsuitable for you.

[silverfox1961]

Hi and welcome to CAG.

 

I have a lot of sympathy for you as any condition that causes pain when moving will only get worse if you are made to do more than your body allows however, I do also have some sympathy for the council/housing association as there are few suitable properties available for you.

 

You would need a ground floor flat with disabled access and quite possibly a wet room. Adapted properties can be made with some alterations but it all comes down to money.

 

If you are over 50, some councils have sheltered accommodation for people with disabilities/ extra needs although some sheltered homes are for over 60s.

 

If you are with a council, the chief execs name should be easy to find and if you are with a housing association, this may be a little harder but doable.

 

If you can name the council/HA involved, we can try and find names for you.

 

If you are under a consultant at the hospital, they may be willing to write a letter to back up your claim and the same applies with your GP

 

A Physical terrorist (physio) may help in the short term and some allow self referral.

[mikeymack2002]

You can always ask your LA'S adult social services to get involved and have your needs be assessed properly. They will help you.

[Cay14]

I have done that already, I sent a letter from my GP supporting a move and the Rheumatologist report explaining my condition, how it affects me and that specialist physiotherapy is recommended because of my condition.

 

I have sent her a detailed letter on how JHS affects my ability to do day to day activities, how being stuck in my home is making my condition worse and that there are health and safety issues

 

All she said was a report from a social/care worker would help? But I don't have that sort of care and have no idea how to access it.

 

I am stuck in a rut

 

EDIT - Thanks Silverfox and Mikey, This was a reply to Nystagmites post, You both appeared after.

 

I never thought about contacting the Rheumy and asking her to do a supporting letter - Thanks for that suggestion

And I will check out Adult services - Thanks again

 

My HO has said that they keep 30% of their housing stock for managed moves - but don't do it on medical grounds

 

Thanks again guys

Edited January 12, 2016 by Cay14
Additional text

[silverfox1961]

You have internet access so go on to the Council website and search for 'Adult Social Care' Or Social Services

[Cay14]

Thanks Silverfox,

 

Onto it now I know what to look for

[mikeymack2002]

Don't forget if they do get involved. Then always ask for a written review of that meeting. Finally do you get any disability benefits?

 

It may pay you to formally request up to date medical reports. In the benefits section the is a sticky regarding a 12 point diary it could assist you if you start to use it as it could back up what the Dr's are saying. Worth the time and effort...

[Cay14]

Thanks Mikey,

 

I get PIP standard care and have just started getting ESA as my SSP has ended. I will have a look at the 12 point diary. Anything is worth the time and effort as I feel my life is dwindling away in this flat

[Nystagmite]

You can self refer to social services. You don't need to go via your GP.

[Cay14]

Thanks for all the advice, I really am very grateful

[mikeymack2002]

That's what CAG does . As far as getting PiP this could help you so make so the HA know this and they will have to take this in to account also. I am a proud man but had to eventually ask for help other than my daughter.

 

 

If I can do you can too. Not only that make sure that the Council tax section are fully aware of your condition, this may help if you fall in to arrears at any time. We have threads regarding this in that section. Also have you run the benefits advisor recently as you may be entitled to some extra help like adaptions if you get moved.

 

 

Secondly you may be able to get help decorating your home if you have to stay, most LA/HA's allow you if in receipt of certain benefits to have a room decorated once every two years. (Are you aware of this?) I am full of useful but not often known/published information....

[mikeymack2002]

You may find this helpful see here >> http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS8_Council_and_housing_association_housing_fcs.pdf?dtrk=true

 

 

I know this link is for the aged but there are similar rules regarding disabled persons too this will give you an idea on where and what to ask for... This was updated in 01/2016

[Nystagmite]

I managed to move after making a complaint. I think I filled in at least 2 forms - both saying current property isn't suitable because of the half a dozen steps. I can only manage 3 steps. Social services were useless and said it's not a problem because I have somewhere to live. Ok then, I'll just stay in all the time or risk falling every time I go out.

 

Even if you are moved to near the top of the list, there may still be a bit of a wait.

 

Do you get any carers (even if it's just a friend coming in a few hours a week doing your shopping) coming in to help you? Just thinking they could write a statement saying they're having to help you up and down the steps, which if there's a fire isn't exactly practical.

[mikeymack2002]

Well put Nystagmite it always helps posters to see that the advisor (us) are sympathetic and understanding and have had similar experiences and can understand what they are asking for. This way they may see they are not alone and then can relate to the advice given with a much more positive response...

[Cay14]

Wow! loads of helpful advice, thank you so much.

 

When my HO came to visit me I asked if the HA would put a lift in the block (not just for me, there are other disabled, elderly and young families that would benefit also) she said they wouldn't entertain that - too expensive. So I said about there being a fire and my fear of getting trapped or suing the HA if I had an accident whilst walking up or down the stairs and all responded with was a shrug!!

 

My daughter is my carer, she comes around a couple times a week and has also written a statement. She is 38 weeks pregnant now though so I don't want her doing too much - My 16 year old son calls us hobble and waddle lol

 

I just feel like I'm going round in circles, but I am going to check out that link Mikey, and have a look around the council website etc. I just hate the possibility that I won't be able to return to work, and have to accept that I need help and thanks to finding this website and you great people am a step closer to accepting that my life has to change :-(

[mikeymack2002]

As you can tell from the responses you have had thus far we like to help the best we can, we use our personal and professional experiences to guide posters through their issues. Once Adult Social Services become involved then things could be moved along quite nicely. As far as expenses go the Equality Act forces the issues as to making reasonable adjustments.

 

 

This can be done in many ways so its a case of finding out what you need to make your life easier and putting this in writing to your HA. If they fail to act as to your disabilities then when they give you their final resolution letter you can then move on to the next stage. They normally do not expect tenants to know what they can get or entitled to.

 

 

Continue until it is resolved and then you can post up what you did to get your results, this will then in turn allow other readers/posters to see a far bigger picture than doing everything on their own.. As far as going around in circles goes this is normal procedure and can be frustrating for those concerned, but eventually you find the exit you are looking for and life moves on, hopefully to what you would expect...

 

 

Good luck and I you need further advice ask on this thread ok?

 

 

MM