GMLC Campaign Volunteer Lead Eve McLaughlin summarises the May 2024 report released by the House of Commons Levelling Up, Housing and Communities Committee, which outlines the current government approach to disabled people in the housing sector and sets out recommendations to improve the availability of accessible housing.
Disabled People in the Housing Sector report
Summarising the experiences of over 1000 disabled people that responded to the online survey, this new report focuses on the supply of accessible homes and possible adaptations to existing ones through the Disabled Facilities Grant (DFG). The report found little evidence that the Department for Levelling Up, Housing and Communities treats disabled people’s needs as a priority in housing policy. Ultimately, the report concluded that it is essential for the barriers facing disabled people within the housing sector to become a priority for central government and local authorities.
In Chapter One, the report summaries the experiences of the disabled people who responded to the survey. The report found that the most common barriers disabled people face in the housing sector include:
- The dignity, health and wellbeing consequences of living in unsuitable accommodation;
- Being in limbo due to decades-long waiting lists for accessible social housing;
- The lack of affordable accessible homes for sale.
In February 2024 the government published its Disability Action Plan which details how the government will “improve disabled people’s everyday lives”. However the report critiques this, as none of the action plans specifically address housing for disabled people. The report also makes clear that despite Ministers partaking in conversations with disabled people about their concerns, there is a lack of tangible action towards addressing them.
In Chapter Two, the report focuses on increasing the supply of accessible homes. The M4(1) category of house, which is currently the mandatory standard for new builds, has basic accessibility features but does not guarantee the house is accessible for disabled people. The M4(2) category incorporates features that make it potentially accessible for those with reduced mobility or wheelchair users, but this is currently optional. Only 23% of new homes in England are currently planned to be built to the M4(2) standard. In July 2022, the government stated that the most appropriate way to raise accessibility in new homes is to mandate the M4(2) category, but the report found no public evidence of progress towards this goal. The report also noted that a majority of local authorities and central government do not have an accurate record of the accessibility of their housing stock. The report recommends keeping a register as it would allow local authorities to better support disabled residents on accessible housing waiting lists.
In Chapter Three, the report focuses on adaptations to existing homes and examines the Disabled Facilities Grant (DFG). The DFG funds adaptations to give disabled people better accessibility and movement into and around their homes. It is a mandatory grant, meaning local authorities must provide it to those who meet all the conditions. The report highlights current issues with the DFG, which include:
- the £30,000 upper limit, which has not increased since 2008;
- the complex means test;
- inconsistent local authority support and advice for residents navigating the DFG process.
In defence of the upper limit, Felicity Buchan MP stated that “91% of the disabled facilities grants awarded are under £15,000”, but the report argues that this should not excuse instances where the upper limit remains a barrier. To make alterations to rented homes, a landlord’s permission may be required, which has led to reports of some disabled people being wary of requesting adaptations due to the risk of being subject to a Section 21 ‘no fault’ eviction. The report found this concerning, as the Equality Act 2010 stipulates that landlords cannot unreasonably withhold consent for home adaptations that improve accessibility for disabled tenants. Therefore, it calls for the continuation of the work between the government and landlords across England to issue DFG guidance to landlords.
The end of the report reaffirms the following key recommendations mentioned throughout the piece:
- The creation of accessible homes, whether through adaptations via the DFG or through the M4(2) category becoming the standard for new homes;
- Introducing the M4(2) category of house as mandatory for new-builds;
- Keeping registers of accessible properties, which would improve access to information on accessible housing;
- A review of the DFG to prevent it becoming a greater barrier to essential funding.
Overall, the report calls for the government, local authorities, and the housing sector to prioritise addressing the concerns of disabled people in relation to accessible housing.
Further recommendations to consider
Whilst the report outlines action that the government has taken and provides helpful recommendations for areas of improvement, there are further recommendations not explicitly outlined in the report that could be considered.
Private sector disabled tenants
The report collected data that showed that disabled people living in the private rented sector face particular difficulties. Disabled people are more likely to be renters than to own their own home, and 1 in 3 disabled people in private rented properties live in unsuitable accommodation. As mentioned above, they face particular difficulties and dangers (such as ‘no-fault’ eviction) when they ask for adaptations, especially from private landlords.
Sections of the report about the private rented sector focus on the possible uses of a future Property Portal and a PRS Ombudsman. However, the last government shelved the Renters Reform Bill that would have implemented these changes, so these recommendations remain in limbo.
The report falls short of calling for greater protections for disabled private tenants in other ways. Disrepair such as damp and mould is also a massive issue for renters, with scant protections available – bringing disrepair fully back into scope for Legal Aid could give some tenants recourse for failures to keep their properties in good repair. Another measure that would help would the removal of mandatory grounds for eviction (including Section 21), because these grounds refuse people the right to raise the ‘reasonableness’ of eviction in court during possession proceedings, which has a very negative effect on disabled renters.
Homeless people
Also missing from the report is significant consideration of disabled homeless people and the duties they are owed by local authorities. Local authorities have many duties to disabled people, including the Public Sector Equality Duty, which places an enhanced set of expectations on them when a homeless applicant is disabled or has another protected characteristic.
However, in practice, disabled people are often let down and treated as ‘not in priority need’ by overstretched local authorities, or refused homelessness assistance in other ways. Future research could give thought to the powers of local authorities and how these are playing out in practice for disabled people, and what recommendations might be made to ensure disabled homeless people are always protected.
People in supported accommodation
The phrase “supported accommodation” does not appear in the report. Many disabled people are placed in supported accommodation because of their greater need for support. Supported accommodation is ‘exempt’ from the usual caps the government is willing to pay for rent, so it receives high levels of subsidy from the government. This can lead to unscrupulous providers setting up to profit from enhanced rents without providing the support they claim. There are worrying numbers of deaths in supported accommodation, as shown by Museum of Homelessness data. Private funding initiatives in the supported accommodation sector have proven disastrous, with many supported accommodation providers going into administration in the last two years due to problems with Real Estate Investment Trusts (REITs), leaving disabled people vulnerable to eviction or homeless.
Another recommendation could be for the government to review the role and legislative framework around supported accommodation to make sure disabled people are genuinely receiving the care they need from providers, and that providers are properly regulated.
Summary
Overall, the report makes some useful recommendations, but the new government could go further to address the problems that disabled people face in the housing sector. Having a disability should never present a barrier to securing a safe, affordable and comfortable home.
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Image credit: ‘Bungalows’, Fotero, Flickr, 2018. With some edits and additions by Kate Bradley.
