Disabled Adaptations Policy (HTML version)
Approved: 3rd March 2025
Contents:
1. Introduction
2. Definitions
3. Legal duties
4. Policy purpose and scope
5. Policy aims
6. Policy principles
7. Definition of disability and adaptations
8. Policy statements
- Referral process and adaptation categories
- Eligible works
- Purposes
- Relevant works
- Non-eligible works and circumstances where we may refuse to undertake an adaptation
- Maintenance of equipment
- Communication
9. Implementation, monitoring and review
10. Complaints
11. Equality, diversity, and inclusion
12. Data protection and confidentiality
13. Version control
1. Introduction
1.1 Dover District Council (the “Council”) is a stock owning Local Authority with a Housing Revenue Account (HRA). The Council understands the importance of allocating homes to make best use of its housing stock, however where there is not a readily available property which meets the disabled tenant or disabled household member’s needs or they become disabled or their needs change, the Council will apply this Policy.
1.2 The Council will use its HRA to fund disabled adaptations to its own properties, non-Council tenants can apply for a Disabled Facilities Grant, or other grants and loans are available.
2. Definitions
2.1 For the purposes of this policy:
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‘Staff’ refers to members of staff who provide housing related services, including housing management, housing options, strategic housing, and property services.
3. Legal duties
3.1 The Housing Grants, Construction and Regeneration Act 1996 places a duty on housing authorities to:
3.2 The Social Housing (Regulation) Act 2023 introduced new rules that social housing landlords must comply with regarding the safety of homes. The revised Consumer Standards set a requirement that Registered Providers must assist tenants seeking housing adaptations to access appropriate services. This Policy sets out how we will meet requirements of the Safety and Quality Standard (clauses 2.4.1 and 2.4.2)
3.3 The Value for Money Standard (April 2018) requires registered providers to ‘ensure that optimal benefit is derived from resources and assets and optimise economy, efficiency and effectiveness in the delivery of their strategic objectives’.
3.4 Section 149 of the Equality Act 2010, also referred to as the Public Sector Equality Duty (PSED), encourages public bodies to understand how different people will be affected by their activities so that policies and services are appropriate and accessible to all and meet the needs of different groups.
4. Policy purpose and scope
4.1 The purpose of this Policy is to set out how the Council will oversee disabled adaptations requested and/or made to its properties.
4.2 The Policy applies to tenants as defined in paragraph 2.1 who are applying for an adaptation on behalf of themselves or a household member who is disabled (see 7.1 - 7.2).
4.3 The Council’s Housing Revenue Account (HRA) will be used to fund these adaptations to homes within its stock; therefore, this Policy does not include non-Council tenants or homeowners.
4.4 Private tenants or homeowners may be able to apply for a disabled adaptations through the grants and / or loans managed by the Private Sector Housing Team, further information on this can be found here: Private Sector Housing Grants and Loans .
4.5 This Policy should be read alongside the following policies:
5. Policy aims
5.1 The aim of this Policy is to provide residents with a consistent process to disabled adaptations which enables disabled occupants to be safe in their homes. The specific aims of the Policy are to:
- Find the best possible solution for the residents needs whilst meeting legal and regulatory requirements.
- Make the best use of HRA expenditure to apply the Value for Money Standard.
- Operate a service that offers suitable, practical, cost-effective and long- term solutions that best meet residents assessed needs.
- Set out expectations regarding waiting lists and waiting times, minimising these where possible
6. Policy principles
6.1 We are committed to the following principles when assessing an application for a disabled adaptation:
- Supporting residents with disabilities to live independently by offering necessary and appropriate adaptations to meet the needs of the disabled person.
- Help to restore or enable independent living, privacy, confidence and dignity for residents.
- Providing a prompt and efficient service for completing adaptations to meet the residents’ needs in a timely manner.
- Sensitivity and empathy to the diverse needs of residents who are recognised as having a disability
7. Definition of disability and adaptations
7.1 For the purposes of this Policy a person is disabled as defined by section 100 of the Housing Grants, Construction and Regeneration and Regeneration Act 1996 if:
7.2 A person over 18 is disabled if:
A person under the age of 18 is disabled if:
7.3 Home adaptations refer to changes made to the fabric and fixtures of a home to make it safer and easier to get around and to use for everyday tasks like cooking and bathing.
8. Policy statements
Referral process and adaptation categories
8.1 In order for an adaptation request to be reviewed by us, a resident must request a referral from an Occupational Therapist (OT) approved by KCC Social Services (Care needs assessments - Kent County Council) who will assess the level of need and make a referral to us. In some cases, the OT might request a joint visit with us to consider the feasibility of a proposal they may wish to recommend.
8.2 The disabled person must intend to live in the dwelling as their only or main residence for 5 years or for such shorter period as their health and other relevant circumstances permit.
8.3 We will categorise assessments as minor adaptations or major adaptations, the former includes works of £1,000 or less (or stairlifts) and the latter are works over £1,000 which typically reflects the structural changes required.
8.4 We will follow advice from the OT to establish whether the works are urgent, cases are likely to be urgent in the following circumstances:
8.5 We will provide our written decision. We will work in accordance with the below target timescales which are applicable from the Council’s receipt of referral from the OT, which we will communicate with the resident:
8.6 Where works are approved, we will aim to keep the tenant updated on progress and any delays throughout the process, as well as providing them with a contact point. We will work together with health and social service authorities to provide timely adaptations delivery, for example, for those being discharged from hospital.
8.7 We will work with the tenant(s) to consider whether temporarily moving them (and their household members where applicable) is appropriate considering the nature of the works and the tenant(s)/household member(s) needs.
Eligible works
8.8 The following steps should be followed to assess whether the proposed adaptations are eligible:
8.9 If so, they are “eligible works” for adaptation assistance. The tenant requesting the works must be doing so on behalf of a disabled occupant (which may or may not be themselves) who lives in their household.
Purposes
8.10 The Housing Grants, Construction and Regeneration Act 1996 sets out a number of “purposes” for which a grant must be approved. The first stage is to assess whether the disabled person needs adaptations to meet these “purposes”:
Relevant works
8.11 Where one or more purposes have been identified, and the OT has proposed adaptations (‘necessary and appropriate’) we will take this into consideration when deciding what is ‘reasonable and practicable’. This will be consistent with the disabled occupants’ needs and preferences, wherever possible.
8.12 Necessary and appropriate
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Where the relevant works have been deemed “necessary and appropriate”, we will consider whether it is “reasonable and practicable” having “regard to the age and condition” of the property. Adaptations are subject to the constraints of the existing construction and layout of the property, and we will consider the most cost-effective option where it does not compromise safety.
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Each purpose will be considered individually, just because one of the relevant works cannot be carried out, this does not mean we will not carry out works to meet another identified purpose. We will also consider urgency regarding the order of which we address the purposes.
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Where the disabled occupant has a limited life expectancy, we will aim to complete the works as quickly as possible to support palliative care, however we may consider adaptations which can be easily removed if this is appropriate.
8.13 Examples of one or more relevant works we can carry out include, but is not limited to:
8.14 Other planning and regulatory regimes may be applicable in carrying out the relevant works.
8.15 When after approval but before the works are finished, the applicant stops being eligible for the adaptation or the works are no longer necessary, we might not complete the works and return the property to its previous condition
Non-eligible works and circumstances where we may refuse to undertake an adaptation
8.16 Our primary aim is that residents are housed in the most appropriate home to meet their needs, and our secondary aim is that the HRA is spent effectively and that long-term benefits are derived from the housing stock.
8.17 Each application is to be considered on its own merits. Where an adaptation is refused, we will provide the reasons why in writing. Examples of possible refusals may include (but are not limited to):
Non-eligible works
8.18 In cases where a tenant requests an adaptation which does not meet the requirements of this Policy the adaptation will not be approved. There might be other options available, such information can be provided to the tenant.
8.19 We will not remove substantial adaptations (e.g. extensions) or previously installed major adaptations solely on the basis that the resident no longer needs it, even if they (or a new non-disabled resident) request it.
Unreasonable or impracticable having “regard to the age and condition” of the property
8.20 Where we deem it unreasonable or impracticable to undertake an adaptation, we will be able to explain this, and we will endeavor to explore alternative solutions with social services and the resident.
8.21 We will always adopt a risk-based approach. Adaptations which require alteration to common areas and would have fire, health and safety implications or would impact upon the use of the common area by other residents will be considered on a case-by-case basis.
8.22 Whether the property is ‘suitable’ for a disabled person will not be grounds to refuse adaptations, however residents are welcome to discuss housing options with the Council, should there be concerns around the suitability of their home.
Occupation intention not being met
8.23 Given that the person for whom the works are carried out must intend to live in the property as their only or main residence for 5 years from the date of completion of works (or for such shorter period as their health and other relevant circumstances permit) then we are likely to refuse to adapt a property in the following circumstances:
Health and social services
8.24 Provision of appliances and portable specialist equipment will not be funded as these are considered to be either a resident’s responsibility or that of health and social services.
8.25 Equipment which can be installed and removed easily with little or no structural modification of the dwelling is the responsibility of the social services authority.
Right to Buy
8.26 We will not carry out adaptations to properties upon which a Right to Buy application (RTB1) has been received. Once the Right to Buy application has been completed and the property transferred into the ownership of the applicant, any adaptation may be considered by applying for adaptations through the DFG or other options available for residents (see para 4.3)
Maintenance of equipment
8.27 Most equipment, such as lifts, can be added to the Councils’ servicing and maintenance contract, after the initial warranty has expired.
8.28 Other equipment such as specialist baths and specialist WC’s may have individual ongoing maintenance and repair contracts with the original installer. Residents can check this with their OT.
8.29 In all cases, we will not be held responsible for any adaptions or equipment that have failed due to misuse, neglect or the resident failing to undertake a reasonably expected level of care of any adaptions or equipment.
Communication
8.30 We recognise the importance of communicating with tenants and we will endeavour to:
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Where appropriate, provide tenants with colour choices (e.g. for major bathroom adaptations – paint, tiles, flooring etc.).
9. Implementation, monitoring and review
9.1 Monitoring is necessary to ensure that the Council delivers the aims and objectives set out in this Policy. Senior Managers will be responsible for ensuring that staff are complying with this Policy and national guidance on disabled adaptations.
9.2 Staff will be provided with disabled adaptations procedures to ensure that they comply with the Policy provisions and both legislation and regulation. The procedures will also ensure that staff are providing a consistent approach to disabled adaptations.
9.3 This Policy will be reviewed every three years, or in response to relevant changes in legislation, organisational structure, development of good practice, or to address operational issues.
9.4 Any minor amendments required will be made through delegated approval. Any amendments made because of changes to operational process or Government legislation will be made through the local decision-making process. Major changes will be consulted upon before a decision is taken to implement them.
10. Complaints
10.1 The Council’s definition of a complaint is:
“An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or a group of residents.”
10.2 The Council takes complaints made about any service it provides, officers who work for the Council or contractors who provide our services, seriously. If a tenant wishes to make a complaint about the service they have received, a Council officer or contractor, they can be made:
10.3 All complaints received will be dealt with in accordance with the Council’s Complaints Policy and Procedure. More information about how to make a complaint can be found on our website: If you are unhappy (dover.gov.uk).
11. Equality, diversity, and inclusion
11.1 We are committed to promoting equality of opportunity and to eliminating unlawful discrimination on the grounds of race, age, disability, gender, sexual orientation, religion, belief, financial status, and any other difference that can lead to discrimination or unfair treatment considering the principles of the Equality Act 2010. Please see our Equality Policy for more details.
11.2 A full Equality Impact Assessment (EIA) was conducted for this policy in accordance with our Public Sector Equality Duty (PSED) when carrying out our duties (s149 of Equality Act 2010). The EIA has identified potential negative impacts to individuals with protected characteristics. Mitigative actions have been documented on the EIA where a potential negative impact has been identified, the overall impact for each characteristic is deemed to be neutral.
12. Data protection and confidentiality
12.1 We process personal data in compliance with data protection legislation including the Data Protection Act 2018 & General Data Protection Regulation 2016. All processing of personal data will be done in line with the data protection principles and where appropriate the necessary exemption applied.
12.2 Full details of how we store and use personal information about our residents can be found on our website and in our privacy statement at www.dover.gov.uk/privacy. This will also contain contact information if you have any questions or require assistance from the data protection/ information governance team.
13. Version control
Approval date: March 2025
Approved by: Cabinet
Policy owner: Housing Services
Scheduled review: March 2028
Policy controls sheet
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