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Age restricted over 55's Independent Living Accommodation - Refused because of my age

Emille
Community member Posts: 22 Courageous
Has anyone experienced this - which I think falls under the Fair and Reasonable Adjustments clause of the Equality Act 2019 under Protected Characteristics - I applied to my local council for a move to suitable disability accommodation - this is because I need to have a mobility scooter and I can't have one where I live. 
My medical needs are that of an over 60's even though I am only 53. I asked for Over 55's housing as did my occupational therapist and despite my medical need and risk of serious falls (3rd floor flat, no lift and have to carry an 8kg 4 wheeled walker rollator down 26 stairs every time I leave home) they refused on the grounds I am too young!
I am challenging this with help from the Equality Commission and C.A.B. I might get the Ombudsman involved as I think this is discrimination but I wondered has anyone else experienced this, what did they do and what was the outcome.
I'm going for it under the Fair and Reasonable Adjustments clause because surely my medical and safety trumps age doesn't it?

My medical needs are that of an over 60's even though I am only 53. I asked for Over 55's housing as did my occupational therapist and despite my medical need and risk of serious falls (3rd floor flat, no lift and have to carry an 8kg 4 wheeled walker rollator down 26 stairs every time I leave home) they refused on the grounds I am too young!

I'm going for it under the Fair and Reasonable Adjustments clause because surely my medical and safety trumps age doesn't it?
Comments
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Do you have proof there is zero demand from over 55's? If you could show the places will sit empty, because there are no disabled old people in the area, then you would certainly have a good case to use over-55 homes, even if you were over 20.
On the other hand, if, as is likely, there are potentially thousands of over 55's, including many hundreds who are physically worse off than you are, and worse housed than you are, no doubt your own conscience would not allow you to try to jump the waiting list which the most needy among them may have been on for decades, trapped perhaps entirely unable to leave their homes.
There are some arbitrary rules which discriminate against old people, and which discriminate against disabled people. One London Borough refuses to allow disabled people or old people to have bungalows, because they are not permitted gardens, Gardens, it is said, are essential for anyone with children. -
P.S. That same council made a random ruling that the convenient linked kitchen/living room design must be banned. They had some notion that dogs and children would enter the kitchen section (as if it was impossible to put a safety gate, such as is used on stairs).
Presumably none of them had noticed that for disabled people and/or for people looking after children, or disabled or elderly relatives, it is often vital to be able to see them while cooking.
Presumably all of the councillors had servants in the kitchen, so did not realise that people sometimes also have guests or family members and want to be included in the conversation, while cooking! -
This is not an uncommon issue. I've seen it come up many times online and on TV programs.
Most of the ground floor properties available in my area are also age restricted. Though not just to 55. Some are restricted to 50 or even 40, which doesn't make much sense to me.
The housing association are not at all helpful about this, despite my need for ground floor and very local. They just say they can't alter the rules or allow bids outside of the online system. So about 95% of the properties I'm allowed to bid on are upstairs in blocks of flats, totally unsuitable for my needs. They seem more interested in age or number of rooms than practicalities of health conditions.
I'm unbelievably fed up of hearing about how 'health always comes first' or how 'there's plenty of help about'. Not in my experience!! -
Locally only sheltered housing is age restricted, so seeing what rules other areas impose I'm realising how lucky we are here.
At 35 I got a ground floor flat with a wet room due to my medical needs, the flat also has various grab rails and plugs halfway up the wall, even the fuse box requires neither bending, stretching or getting up on a chair to access.
The identical flat next door (adjoining not attached) was recently let to a lady even younger than me. Her wait was 6 years though whereas mine was only 13 months. -
For those with medical priority in my area there's no age restrictions on adapted properties, apart from bungalows. For those if it's one bedroom then you must be 50+ for 2 bedrooms you must be 60+.Medical priority takes preference over those that have been waiting longer.I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help.
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It seems to greatly depend on the local council, I recently moved into a lovely 2 bedroom bungalow and I’m only in my 30s, I was given highest medical priority due to my previous home been unsuitable and unadaptable(14 steps).
It took a total of 7 weeks of bidding to get the Bungalow and another few weeks after to get the keys as they redecorated it all and fit a new kitchen & wet room.
Doesn't seem to be any rules on gardens here as the bungalow I have now has 2 large private gardens(front & back)
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