Written Evidence Submitted by Action Disability Training & Consulting [DPH 006]
Submission to the Levelling Up, Housing & Communities Select Committee on “Disabled people in the Housing Sector.”
1.0 Introduction: Select Committee Enquiry.
This submission from Action Disability Training and Consulting provides comment on the areas set out by the Select committee in its inquiry into ‘Disabled people in the housing sector.’ These areas are:
- Role of Government, Local Councils and Developers and how these ensure delivery of suitable housing for disabled people
- The NPPF and compatibility with the Equality Act 2010
- The progress linked to the 2022 ‘Raising Accessibility standards for new homes.’
- The impact of Disability Facilities Grant (DFG)
- Supporting disabled people who are not in new homes.
- Support for disabled people in the Private Rented Sector. (PRS)
The evidence base in this submission draws upon the LGIU Briefing ‘From Planning to Social Care: The Accessible Housing Challenge for Local Government.’ Published December 2021.
2.0 Strategic observation.
There is a danger that the Select Committee’s focus is not rooted in the experiences and needs of older and disabled people, or on the challenge local authorities face in trying to manage the commercial interests of developers within a policy context that favours the developers and private finance over the planning authorities.
The Queens University report ‘Financialised Privatisation, Affordable housing an institutional investment: The case of England.’ (August 2023) highlights how private equity funds, real estate investment and other institutional investors are increasingly entering the affordable housing market.
The privatisation of the Housing association sector and the replacement of public subsidy by a growing reliance on private finance has changed the priorities of housing associations.
The National Planning Policy Framework (NPPF) and the Local Plan process can be seen as not addressing the fundamental needs of low and middle income older and disabled people. But of the funders of new housing and the need to meet the higher borrowing costs of private finance. This not only means that housing investment costs are higher, but the mix of housing is moving away from social rent, to home ownership models. E.g Shared ownership for commercial reasons.
There is a further strategic question around why the Government in 2014 abandoned the 2003 ‘Planning and access for disabled people: a good practice guide’
There is a danger that Government and potentially the LUCH select committee respond to the challenges faced by commercial interests over those of older and disabled people seeking to remain independent in their communities.
3.0 The Accessible Housing Challenge.
This submission highlights the lack of accessible housing at a time when the demand for such housing is growing due to demographic change. This submission looks at the challenges facing local authorities.
It highlights the weak performance of many local authorities in terms of the planning process. The backdrop is 40 years of fragmentation and privatisation. Growing inequality in housing is an emerging feature of an ageing population.
This submission contends that local authorities have to provide a coherent strategic approach to meeting the needs of older and disabled people. It also highlights that alongside partnership working the case for returning to more direct provision by local authorities is strong.
It highlights proposals that could help address the accessible housing deficit linked to strengthening statutory guidance on building regulations and allocating Affordable Homes Programme money to supported social rent and ‘genuinely’ affordable rent housing.
The Accessible housing: Shortfall evidence.
In May 2018 an Equality and Human Rights Commission report entitled ‘Housing and Disabled people: Britain’s hidden crisis.’ highlighted that just 7% were accessible. See:
In November 2020 the Centre for ‘Ageing Better’ tells us in the publication ‘Homes for Life’ that “91% of homes do not provide even the lowest level of accessibility.” So less than 10% of homes are accessible at a time when the population is ageing and the number of disabled people is growing. See:
https://www.ageing-better.org.uk/sites/default/files/2020-11/Accessible-Housing-Report-111120.pdf
‘Ageing Better’ has highlighted that: One in five adults aged 65-69 need help with one or more daily activities (such as bathing, cooking, toilet help) and by the time people reach their 80s the number rises to more than one in two people.
Over 90% of older and disabled people still reside in their own homes not specialist accommodation.
This background information should lead to a focus on enhancing the independence and empowerment of older and disabled people.
The Association of Retirement Communities Operators (ARCO) has highlighted in the November 2021 publication ‘Putting the ‘care’ in Housing -with- Care’ that the link between independent living and effective care support offers a flexible alternative between traditional older peoples housing and care home provision.
See: https://www.arcouk.org/event/132/%27putting-the-care-in-housing-with-care%27-report-launch
The Demographic and related care trends.
According to the Office of National Statistics “Between 2018 and 2043, the percentage of the population aged 65 years and over is projected to increase in almost all local authorities. For all but four local authorities in the Country the increase is projected to be at least 2 percentage points.”
At the same time as the population is ageing the number of disabled people is growing. According to the Habinteg and Papworth Trust report ‘The hidden housing market’ (2016):
- “1.8 million disabled people have an accessible housing need – 580,000 of whom are of working age (there are 11.6 million disabled people in the UK)
- Of the 1.8 million disabled people needing accessible homes, 56% are home owners with 39% having incomes in the top half of the income distribution
- 19% of the British public would most favour moving to a different property specifically designed or adapted to enable them to live independently in later life
- The impact of unmet housing need for accessible housing. Disabled people living in inaccessible homes are four times more likely to be unemployed. The research used in the report uses a mix of analysis of government data, in-depth telephone surveys and interviews with disabled people and opinion polling conducted by teams at the LSE and Ipsos Mori.”
See: https://www.habinteg.org.uk/hidden-housing-market/
The EHRC (2018) wrote “Local authorities are not building enough accessible homes to meet demand. The number of disabled people is increasing; in 2016, there were an estimated 13.3 million disabled people in Britain, up from 11.9 million in 2013/14 (ONS, 2017).”
The problem of demand for accessible homes was also set out in the 2021 Habintag briefing note; ‘Forecast for Assessable homes 2020: Accessible housing in Local Plans.’ The briefing highlighted the scale of the problem in housing supply:
“Overall, a smaller proportion of new homes are planned to an accessible housing standard than shown in our 2019 forecast. The 2020 analysis shows that 31.5% of all homes due to be built in the coming decade are planned to either Building Regulations M4 optional access standards or the older Lifetime Homes or wheelchair housing standards. This is a slightly smaller proportion than reported in our 2019 forecast, when 34.4% of homes were planned to an accessible housing standard. Between 2020 and 2030 more than two-thirds (68.5%) of all new homes will therefore not be required to meet any accessible housing standard.”
The briefings Headline findings were:
- More than half (170) of all local plans make no requirement for any accessible housing standard.
- Plans indicate that between 2020 and 2030 only a third (31.5 %) of new homes in England will be required to meet accessible housing standards. Down from 34.4% in our 2019 forecast.
- Just 2.4% of new homes are due to be suitable for wheelchair users (i.e. meeting the highest level of access specified in regulations) Outside London this figure is 1.5%.
See: https://www.habinteg.org.uk/download.cfm?doc=docm93jijm4n2829.pdf&ver=3554
This failure of local authorities to secure more accessible housing through the planning process is a weakness that needs addressing to tackle the problem of inaccessible housing.
The Living at Home Policy Challenges.
Councils in responding to the needs of disabled people should through their local plans, their Integrated Care Strategies and strategic housing policies be embracing the following disability movement objectives:
Independent Living.
The United Nations Convention is legally binding on the UK Government.
- Article 9 highlights the importance of independent living and places a requirement on Governments to ensure disabled people have equal access to housing.
- Article 19 underpins the right of disabled people to equal choice in housing.
Social Model of Disability.
Inclusion London describes the Social model as:
“The Social Model frames disability as something that is socially constructed. Disability is created by physical, organisational and attitudinal barriers and these can be changed and eliminated. This gives us a dynamic and positive model that tells us what the problem is and how to fix it. It takes us away from the position of "blaming" the individual for their shortcoming. It states that impairment is, and always will be, present in every known society, and therefore the only logical position to take, is to plan and organise society in a way that includes, rather than excludes, Disabled people."
This highlights that the problems facing disabled people is linked to barriers put in place by society. The failure to provide accessible housing is one such barrier to independent living.
Key Legal and Partnership requirements.
The Equality Act 2010 and the Public Sector Equality Duty.
All policy, plan-making and service design activities involve a process for identifying any inherent direct or indirect discrimination.
Equality Impact Assessments are vital as they should engage disabled people in the development of policies and service design
Health and Social Care Act 2012.
This law set up the Joint Strategic Needs Assessments. (JSNA) process. JSNA should cover the needs of disabled people, including their housing needs.
Care Act 2014.
This Act sets out measures for integrating health, care and housing. The Act specifically covers property adaptations. The strategic objective is to delay or reduce the need for care and support. Accessible housing is often the key to ensuring disabled people remain independent.
Health and Housing Memorandum. (2018)
This memorandum brings together a wide range of Government, NHS, housing and care partners. The Association of Directors of Social Services (ADSS) says of the memorandum:
“The right home environment is essential to health and wellbeing, throughout life. Our homes are the cornerstones of our lives. Housing affects our wellbeing, risk of disease and demands on health and care services. We need warm, safe and secure homes to help us to lead healthy, independent lives and to recover from illness. We work together, across government, housing, health and social care sectors to enable this. This MoU brings together key organisations, decision-makers and implementers from across the public and voluntary sector, to maximise opportunities to embed the role of housing in joined up action on improving health and better health and social care services.”
https://www.adass.org.uk/media/6272/health-housing-mou-18.pdf
National Disability Strategy 2021.
This highlights the need for accessible housing. It also says that new guidance for local authorities in England will be published on the effective delivery of DFGs during 2021. The aim is to accelerate delivery of home adaptations in England and Wales “by improving local delivery of the Disabled Facilities Grant.”
https://disabilityunit.blog.gov.uk/2021/07/28/home-national-disability-strategy-explained/
The proposed strategy also talks about strengthening building regulations.
The national strategy was delayed following legal action. The Government has overturned the legal delay and also published a Disability Action Plan 2023-2024.
Severn challenges facing Local Authorities.
- An ageing population and growing number of disabled people and people with long term conditions.
This submission highlights the demographic challenge facing councils. Most people can reside in their own homes. But councils need to address the lack of accessible housing, both through new build housing, but crucially through programmes of making existing housing accessible. This requires using funding to make homes accessible and safe.
- Adaptations to make homes Accessible.
Funding go make homes more accessible comes from Disability Facilities Grant (DFG) from Central Government or ‘Aids and Adaptations’ funding from Housing Accounts.
DFG funds home ownership housing and Private Rented Housing. The challenge for Councils is funding for improvements to private rented housing. The lack of security can see Councils reluctant to use scarce resources.
The House of Commons research report ‘Disabled facilities grants (DFGs) for home adaptations’ published in August 2021 said,
“ A contributing factor to growing demand for adaptations is identified as the lack of a requirement to build new homes to lifetime home standards. This can reduce the need for future adaptation work.”
See: https://researchbriefings.files.parliament.uk/documents/SN03011/SN03011.pdf
3. Promoting more homes at Lifetime standard.
The April 2023 House of Commons report ‘Disabled Facilities grant for home adaptations’ focused on the need for more homes to be built to lifetime homes standard;
“The lack of a requirement to build new homes to lifetime home standards is identified as a contributing factor to growing demand for adaptations. The National Disability Strategy (July 2021) recorded an increase in the proportion of homes in England developed “with key accessible features” from 5% in 2009 to 9% in 2018. The Strategy included a commitment to take “immediate steps” to:
• boost the supply of housing for disabled people by raising accessibility standards for new homes, increasing the supply of affordable homes, including supported housing, and accelerating the adaptation of existing homes by improving the efficiency of local authority delivery of the Disabled Facilities Grant
• extend disabled tenants’ rights on accessibility
• ensure the safety of disabled people in buildings, for when there are emergencies.”
See: https://researchbriefings.files.parliament.uk/documents/SN03011/SN03011.pdf
4. A need for integrated health, social care and housing services.
There is an increasingly recognised acceptance of the importance of health, social care and housing services working together. Strategic planning through the new Integrated Care Systems introduced across England from July 2022 is important. The need for practical measures linked to hospital discharge and ways of supporting people to return home require recognition of accessible housing as well as appropriate care and support. Adaptations such ramps or walk in showers may be required. Councils are key to making the health, care and housing interface work.
5. The Falls Challenge.
“If you or an older adult in your life has fallen, you’re not alone. More than one in four people age 65 years or older fall each year. The risk of falling — and fall-related problems — rises with age. However, many falls can be prevented.”
See: https://www.nia.nih.gov/health/falls-and-fractures-older-adults-causes-and-prevention
Relatively low cost adaptations e.g. handrails, ramps, improved lighting can help address the huge falls problem. Walk in sowers and wet rooms, whilst more expensive are cheaper than being in hospital or having to move to a care home.
6. Financial constraints upon local authorities.
Local Authorities remain under severe financial pressure as a result of austerity linked to demographic change impacting on demand for care services. Community based care services that support independent living can be a cheaper option than for example care home provision. But home care services are also often expensive. The development of more accessible housing will allow older and disabled people to live independently with limited paid support.
7. New accessible housing provision.
New housing provision is dominated by profit focused developers. The planning framework is set out in the National Planning Policy Framework (NPPF) It is a key planning guidance and has some strength in the planning process.
Disability Housing Charity Habinteg argues local authorities have opportunities within the planning process in bridging the gap between need and availability of accessible and adaptable homes. The planning process should be used to “promote accessible homes-particularly accessible, adaptable lifetime homes and wheelchair standard homes.”
The promotion of Lifetime homes was dropped by Government in 2015
Following the Government's 2015 'housing standards review' Lifetime Homes standards were replaced by the optional building regulations standard M4(2) entitled 'accessible and adaptable dwellings'.
7.1 Post 2015 Building Regulations.
The post 2015 building regulations set out a range of categories relating to promote accessible housing. Councils should be adopting and promoting these standards in any planning application for new homes.
They should be the key regulatory baseline in any local plan.
7.2 Local Plans.
Local authorities should produce local plans that make provision for accessible housing. They must demonstrate that planning polices make use of optional technical standards for accessible and adaptable housing, when a need for such properties has been identified. Adopting the M category building regulations should be the norm.
The Benefits of building Accessible housing.
The case for making more housing accessible and for building more accessible housing is strong. It is a cost effective way of meeting local housing and care needs. It is much cheaper than having to fund care home placements or delays in people transfering from acute hospital settings back in to community based housing. The benefits of accessible housing are not only financial, but people being able to live independently in their own homes improve the quality of their lives.
Fundamental Change in Planning Law.
To deliver more accessible new build housing requires a fundamental change in the national planning guidance. Developers should not be able to appeal local planning decisions over levels of ‘genuinely affordable’ housing or higher levels of accessible housing. However given the dominance of private or commercial interests this is only likely to happen if Councils or housing funders can offer funding support.
The NPPF needs to be revised to empower local authorities to enforce higher targets on housing and on accessible housing requirements.
The Centre for Cities report (February 2023) argues for the replacement of the “discretionary planning system, with a new rules based, flexible zoning system.”
See: https://www.centreforcities.org/publication/the-housebuilding-crisis/
Delivering ‘accessible housing’ requires a greater interventionist role from local authorities working with care and health partners.
Affordable Housing Programme funding. (AHP)
There is some evidence that allocating the AHP via the London Mayor is delivering a better mix of ‘genuinely’ affordable housing. This requires greater unit cost subsidy.
“ More than 23,000 new City Hall-funded council homes have been started since 2018, more than 10,000 in the last year alone.
Conclusion.
Addressing the needs of older and disabled people requires a fundamental rethink by Government of housing investment and the NPPF. It requires a rethink of the balance between commercial and public investment.
2999.
Cllr Nigel Long.
Nigel owns Action Disability and Training. He has been CEO of two disability charities and currently chairs a Health and Adult Social Care Scrutiny committee.
August 2023
Disabled people, planning and accessible housing(29.08.23) Page 14