I’m a great-grandmother with one leg – I’m forced to sleep in living room & wash in kitchen sink… my home is a ‘prison’
A GREAT-grandmother with one leg says she’s been forced to wash herself in the kitchen sink as her “prison” home isn’t fit for her needs.
Shirley Bailey, 64, has been forced to sleep in her living room and wash using the kitchen sink as her house in Duddon, Cheshire requires “significant adaptations.”
The former carer is a tenant with Sanctuary Housing and has lived in her property since 1992.
She underwent an amputation to her lower left leg in August 2020 due to having blocked arteries that could not be fixed by stents.
As a result she required adaptations to her home, for which planning permission was secured in 2022.
The work planned to build an extension that would include a bedroom and shower room, as recommended by social workers and occupational therapists.
However, the work never began.
Originally from Tarvin, less than 2 miles down the road, Shirley has been described by her daughter as being “severely depressed” and as a “prisoner in her own home” after progress on the adaptations stalled.
In March this year, daughter Suzanne Woodcock told Cheshire Live:
“To date absolutely no adaptations have been made to the property. She currently has to live in her front room.
“She sleeps and has to have her commode in the sitting room for all to see.
“She has to ask guests to leave while she uses the toilet – you can imagine how degrading this is.”
Suzanne, who is a carer herself, claimed: “She has no access to a bath or a shower so she washes at the kitchen sink.
“Her hands are black from getting through the doors in her wheelchair, she has no access to half the stuff in the kitchen.
“The worst and most worrying situation of all is that she has no way to get out of the house as a ramp has never been fitted.
“She is basically a prisoner in her own home at the age of 64.”
After these reports in March, Sanctuary said it was “sorry for the inconvenience the delay has caused” and promised to carry out “significant adaptations” as soon as possible.
However, Suzanne claims that since that point, no work has still taken place.
She added: “There are still no developments on mum’s adaptations. She is becoming severely depressed and very upset.
“Mum is contacting Sanctuary on a weekly basis and always gets told she will be contacted but they never do.
“Their lack of support is disgraceful.”
Sanctuary told Cheshire Live that work had been delayed “due to unexpected complications with the tendering process” and apologised for the delay.
A spokesperson for Sanctuary also told the Sun: “We are committed to supporting our customer and completing the significant adaptations required in her home.
“Unfortunately, due to unexpected complications with the tendering process, the work has been delayed and we are sorry for the inconvenience and frustration this has caused.
“We are working hard to ensure the work can start as soon as possible and we will also ensure the customer receives regular updates from the local Housing Officer.”
Your rights for adaptations as a disabled tenant
These are the rights you are entitled to as a disabled tenant for requesting adaptations to a property in England and Wales, according to Scope.
If you are disabled under the Equality Act 2010, you have the right to portable support aids or temporary adaptations when you’re renting. These are called ‘auxiliary aids’.
The law says that your landlord does not have to let you:
- remove or alter a physical feature
- change shared areas such as hallways and entrances in a block of flats
You can still ask for adaptations even if you’re not entitled to them by law.
Asking for adjustments to help with your disability (Citizens Advice)
You have fewer rights if you live together in the same property as your landlord.
Talking with your landlord
If you qualify as disabled under the Equality Act 2010, you have the right to ‘auxiliary aids’. These are temporary or portable adaptations.
You do not have the right to remove or change physical features of your home, although you can still ask about this.
Auxiliary aids
These are temporary adaptations or portable support aids. It’s something that is not a physical or structural change to your home.
The Equality Act says that you have the right to an auxiliary aid if all of the following apply:
- you are disabled as defined in the Equality Act 2010
- the auxiliary aid would stop you being at a ‘substantial disadvantage’ in your home
These rules are from Schedule 4, paragraph 2(9) of the Equality Act 2010.
For example:
- replacing taps or door handles
- doorbell or door entry system
- the colour of a floor or wall
- temporary grab handles that do not need screws
- a bath board
- tap turners or anything else that will not leave a mark
- free-standing bath lift
Get permission from your landlord
Something like a temporary grab rail or painting a wall a different colour would not count as a structural change. You should still check your tenancy agreement and get permission from your landlord.
A report from an occupational therapist saying what you need may help.
Home adaptations and occupational therapist assessments
Removing or altering physical features
Your landlord or agency may allow adaptations that remove or change part of your home if:
- they want you to stay
- the work will add value to the property
Even if you do not have the legal right to an adaptation, you can still ask.
The landlord may be more likely to agree if they know that they do not have to pay. For example, if you can get a Disabled Facilities Grant (DFG) from your local authority. DFGs are means-tested (based on your savings and income).
Disability grants for home adaptations
If your landlord refuses
If your landlord will not let you make changes to the structure or physical features, you could look at auxiliary aids.
For example, if your bathroom is not accessible, a shower chair might help.
If you cannot use a shower chair or other auxiliary aid, you may need to start looking for somewhere new to live.
If reasonable adjustments aren’t made after your request (Citizens Advice)
Housing law is not clear
The law says that if you are classified as ‘disabled’ under the Equality Act, you are entitled to reasonable adjustments. But there is no set definition of what is reasonable. It depends on what you need and how expensive or hard the adjustment would be for the landlord.
Proving discrimination is hard
It can be hard to prove disability discrimination if your landlord does not give you permission to make adjustments.
For example, your landlord could decide not to renew your tenancy. It may be hard to prove that your landlord did this because you asked to adapt your home.
Disability discrimination in rented housing
Finding somewhere new to live
Other landlords may allow adaptations or may have properties that are more accessible.
If you cannot find somewhere better, you may need to ask your local authority to re-house you.
Find your local authority (GOV.UK)
Your local authority may re-house you if all of the following apply:
- your local authority agrees that you need adaptations that are structural or would change physical features
- your landlord refuses to allow the adaptations
- you cannot find somewhere new to live or a landlord who will allow the adaptations
This can take a long time. Start by asking your local authority for an assessment.
Getting assessed by your local authority
Speak to your local authority as soon as you can. Ask for your local authority’s Adult Social Care Department. It can arrange referral to an occupational therapist.
You have a right to a free assessment by the local authority. The amount of time this takes can vary. They have a duty of care under the Care Act 2014 (GOV.UK) to assess someone for support they might need.
Getting a social care needs assessment
Some home adaptation information can be hard to find. Look for a section of your local authority’s website that talks about ‘housing’ or ‘disabled people’. Some pages might be called ‘help to stay in the home’ or ‘care assessments and housing adaptation’.
Local groups or groups supporting people with your condition may be able to support you. Your GP may also know about groups that might be able to help.