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

Emille

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? 

newborn

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.

newborn

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!

OverlyAnxious

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!!

Kimmy87

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. 

poppy123456

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.

Luchia

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)

Magmum70

Hi Emille,
I am new on here and searching for information or inspiration that might help my son.
I was interested to read your post and wondered if you had made any progress on your post of August 2023? 

poppy123456

Magmum70 said:

Hi Emille,
I am new on here and searching for information or inspiration that might help my son.
I was interested to read your post and wondered if you had made any progress on your post of August 2023? 

The member hasn’t been active since 25th August 2023 so you may not get a response. 

Magmum70

Thank you.

bookrabbit

Arbitrary council rules can seem to lack sense. I got an email to say my son can't be a joint tenant. This would mean they will deduct money for him living there from my housing element and he can't claim the housing element himself, so sharing would cost more than having separate housing. Surely they ought to want to encourage sharing? Of course what they probably want is to be able to throw him out if something happens to me.

It doesn't actually matter as we didn't want council housing anyway due to the gardens only for children rule. I can't bear the thought of living without a garden. They do seem to make an exception to the garden rule for their bungalows but bungalows are only for over 60s and I am 59.

Anyway we passed referencing for a private rental with a garden fortunately so it isn't going to impact us and in a nicer area besides. But it isn't adapted and I don't know how long I will manage in it so I will get on the housing list here as soon as we qualify and hope their rules are better. And anyway I will be over 60 by then anyway.

I hope you manage to get them to see sense.

Kimmy87

My local council also disallows inter family joint tenancy. 

Magmum70

No didn’t get anywhere.
Sheltered housing landlord would not allow my son who is in top band of housing list to bid on their flats as definitely only allowing over 60s. Despite the fact that the nearby housing with care now allow 10% of younger people with ‘the right needs’. They are trying to have a more mixed community. Even the housing department think younger people should be allowed to live in the sheltered housing too!