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10 MAJOR ADAPTATIONS

98. Adaptations to the home, or workplace, can be of real benefit to disabled people. However, they are one of a number of possible solutions available, and it may be that housing support, or re-housing could also be of benefit. It is therefore essential that any person seeking any type of disability-related adaptations should be encouraged to contact social work services, if they have not already done so. This will ensure their needs are assessed as part to the mainstream community care assessment care planning and review processes with the aim of addressing the outcomes that are important for the individual which in part may involve a major adaptation.

99. This section focuses on major adaptations (for minor adaptations - see section on service delivery models).

100. It is recognised that local partnerships will need to identify the range of front line staff to be trained to enable them to undertake an assessment where it is likely a major adaptation may form part of the interventions for the individual to achieve their outcomes. Peoples needs can then be fully assessed, and all the options on how best to meet eligible assessed needs may be explored.

101. Major adaptations can make the difference to the outcomes for an individual in relation to where they can live and the level of independence they have within their daily environment. Due to the limited requirement for major adaptations in some smaller local authority areas it is recognised that front line staff often have limited experience of dealing with these, and the wide range of disciplines, including architects and housing authorities, that are involved. This often leads to delays and frustrations in the processes from identification of need to provision being in place. Major adaptations can also enable an individual to return home from hospital. These blockages can also result in significant delays to discharge.

102. It is also recognised that the range of funding streams available for adaptations can be difficult to navigate. For these reasons consideration should be given to the benefits of establishing a specialist approach for provision of major adaptations following mainstream assessment and the identification of the need for a major adaptation.

103. Local partnerships, led by the Local Authority, should have clear protocols to ensure consistent and co-ordinated working practices particularly between social work and housing, including RSLs. These should be reviewed in line with the Housing (Scotland) Act 2006 ³⁷ and the new duties emerging from the Act in April 2009.

104. Currently there is a range of practice and models of service provision for major adaptations, which help demonstrate some elements of good practice. For example, in some areas, local authorities have service level agreements with care and repair projects to manage all major adaptation work on the authority's behalf.

105. The Scottish Government's Housing and Regeneration Directorate is currently reviewing care and repair projects in Scotland to consider their future role within the overall policy direction set by the 2006 Act. Care and repair already provides assistance on behalf of local authorities for older and disabled homeowners. However, the level of service varies across Scotland and there may be scope to expand or modify services offered locally to maximise the contribution of care and repair in general and specifically to the local authority's Scheme of Assistance.

106. At present, no one clear model of best practice for major adaptations has emerged. However, there is recognition that a national review of existing models, to identify current best practice, would support shared learning and provide the baseline for further work to establish a good practice model for provision of major adaptations.

Private sector housing

107. From April 2009, regulations under the 2006 Act give local authorities additional duties to provide financial assistance to homeowners to carry out adaptations arising from a disability. These duties will form part of the overall assistance provided to homeowners under each council's "Scheme of Assistance" for owners wanting to repair, improve or adapt their homes.

108. Local authorities are obliged by section 72 of the 2006 Act to prepare and make publicly available a statement of the circumstances in which they will offer assistance. For assistance with adaptations, this will largely be a statement of the council's legal duties, but in addition there will be some areas where councils have discretion (for example to provide funding beyond the minimum grant limits) and the circumstances in which this discretion will be exercised should be set out in the statement.

109. From April 2009, local authorities will have a duty under section 73(1)(b) of the 2006 Act, similar to that in the Housing (Scotland) Act 1987 ³⁸, to provide grant for the provision of "standard amenities" for a disabled person: this refers to bathroom and toilet facilities. Regulations under the Act introduce a number of new duties intended to create a simpler and fairer system of financial assistance with adaptations. As is the case under existing provisions on mandatory grant, the new duties apply where needs have been assessed, and the council has deemed it a priority for the needs to be met and adaptations is agreed as the best way to meet the needs.

110. The main changes are as follows:

• The scope of mandatory grant will be extended to include all structural adaptations, except for the provision of house extensions to provide additional living accommodation (e.g. bedroom or living room). Adaptations not covered by mandatory grant may be grant-assisted by the authority at its discretion.
• For work not covered by mandatory grant, local authorities will have a duty to ensure that the applicant receives proper advice on the options open to them for funding the work.
• The nationally prescribed test of resources for assessing grant entitlement is to be abolished. For work subject to mandatory grant, automatic minimum grant of 80% of the works cost, or 100% for people in receipt of certain income replacement benefits, will be awarded. Local authorities have the power to award more than 80% (for households not statutorily entitled to 100%) in circumstances outlined in their section 72 statements of assistance.

111. It should be noted that where the sole purpose of providing a house extension is to provide bathroom or toilet facilities, then - as is already the case - the work will continue to attract mandatory grant.

112. The 2006 Act prohibits local authorities from setting upper expense limits on the cost of adaptation works eligible for financial assistance. Ministers have powers to set limits but have no plans to set any such limits for adaptations, as the intention is for local authorities to take account of the full cost of the work when considering what financial assistance will be offered.

113. The Scottish Government is currently exploring the options for setting up a National Lending Unit, which would make affordable lending options available to owners prioritised by the local authority for such assistance. It is intended that where a disabled household faces a significant shortfall - due for example to mandatory grant not covering the cost of house extensions - the availability of affordable lending options may provided some households with a viable way of funding the work.

114. Further information on the changes can be found in statutory guidance issued by the Scottish Government in [scheduled for December 2008 or January 2009].

Reinstatement of previously adapted property

115. From April 2009 local authorities will also be under a duty to provide assistance with the reinstatement of previously adapted properties where this is requested. This need not be financial assistance. The aforementioned statutory guidance suggests that one area where practical assistance with reinstatement could be provided is for private landlords who have previously given their consent to a tenant who has applied to adapt their privately rented property.

Financial assistance for tenants

116. Tenants renting from a private landlord can apply for financial assistance under the 2006 Act. The Act does not prevent a council or housing association tenant from applying for a grant. Generally, however, it is expected that the existing arrangements will continue, i.e. with adaptations for council tenants being funded through the Housing Revenue Account, and for housing associations by the landlord or through Housing Association Grant provided to associations by the Scottish Government.

Social Rented Sector

117. Under the Housing (Scotland) Act 2001 ³⁹ tenants in the social rented sector who make a request to undertake alterations to their home cannot have consent unreasonably with held.

118. In addition, disabled tenants in both the social and private rented sector also have additional rights under the Disability Discrimination Act 1995 and 2005. Landlords and managers of rented premises or premises to let are required to make reasonable adjustments to address the barriers which may be experienced by a disabled tenant. The requirement for these adjustments falls into three areas:

• providing auxiliary aids and services;
• changing practices, policies and procedures; and
• changing a term of the letting.

119. The duty does not require them to take any steps which would consist of or include the removal or alteration of a physical feature. Some examples of possible auxiliary aids and services include:

• removing, replacing or providing furniture, furnishings, materials or equipment
• replacing or providing signs or notices
• replacing taps or door handles
• replacing, providing or adapting door bells or door entry systems
• changing the colour of a surface (such as a wall or a door).

120. Further information on these requirements and disabled peoples rights under the Disability Discrimination Act is available in the Code of Practice Rights of Access: services to the public, public authority functions, private clubs and premises. "

Registered Social Landlords

121. A registered social landlord ( RSL) provides social-rented housing registered with and regulated by the Scottish Housing Regulator. RSLs include housing associations and co-operatives. While RSLs have no legislative duty to provide adaptations most RSLs apply for Housing Association Grant ( HAG) for 'stage 3 adaptations' which comes from the Affordable Housing Investment Programme to adapt their properties for individual need.

122. The local authority should include details of the estimated funding required for adaptations within their Strategic Housing Investment Plan ( SHIP) and this in turn should inform the Strategy and Development Funding Plan ( SDFP) bids for HAG funding submitted by RSLs to Scottish Government Regional Offices annually.

123. Where this funding cannot be made available, RSLs can also use their financial reserves to fund the works.

124. Different arrangements exist for those RSLs operating where there has been a Transfer Management of Development Funding ( TMDF) from Scottish Government to the local authority (Glasgow and Edinburgh). For those local authorities there is an annual settlement of funding for AHIP and they make the decisions on the level of funding to use for priorities such as adaptations. They must adhere to Scottish Ministers guidance for RSLs on administering grants. RSLs in these areas submit their SDFP bids for HAG funding to the local authority rather than the local Scottish Government Regional Office.

Wider local authority duties to meet need

125. It is important for duties under housing legislation to be seen in the context of wider local authority duties under welfare legislation such as the Chronically Sick and Disabled Persons Act 1970. Where need has been assessed, adaptation is deemed to be the best way to meet the need and in a given case it is a priority for the need to be met, the local authority must ensure that the need is met. The lack of funding from parties involved on the housing side does not negate the authority's duty to meet eligible assessed need. A local authority may decide to reconsider the best way to meet the need.

126. In the short term to support front line staff it has been identified that there is a need to develop a guide for practitioners, and service users, through the different funding streams available for housing adaptations

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