Social Landlord Service: Adaptations Policy

1. Background

1. Under section 8 of the Housing Act 1985 the council has a duty to consider housing conditions in its area and have regard to the needs of chronically sick and disabled persons. This includes the provision or adaptation of existing accommodation for its own disabled tenants.
2. The Safety and Quality Standard requires the council to assist tenants seeking adaptations to access appropriate services.
3. The council provides an in-house adaptations service and provides funding each year for the provision of aids and adaptations to enable its tenants to remain in their home for as long as it is safe and reasonable to do so. This funding comes from income received from rents and service charges from council tenants.
4. This Adaptations Policy specifically refers to adaptations carried out for tenants of Great Yarmouth Borough Council.

5. The Safety and Quality Standard is one of four Consumer Standards which the council as a Registered Provider of social housing is required to comply with.  For more information read the government documentation.

2. Purpose of policy

1. The purpose of the policy is to set out the council's approach to the provision of aids and adaptations for council tenants, who are eligible to receive them, and how they will be delivered.
2. The assistance available through this policy aims to provide an efficient, practical and cost-effective adaptation service, taking into account the health and well-being of the tenant and household.

3. Policy aims

1. The policy aims to help council tenants and those who usually reside with them, who are disabled or suffer from long-term ill health to live independently in their home.
2. The council is committed to facilitating the provision of aids and adaptations to properties and will endeavour to deal with requests for assistance as quickly, effectively and sensitively as possible. Applications are dealt with using a priority system combined with date order.  Any exceptions to this will need approval from a senior officer.

Definitions

1. The policy refers to disabled persons. A person is defined as disabled under the Equalities Act 2010 if they have a physical or mental impairment that has a substantial and long-term negative effect on their ability to do normal daily activities.

4. Relevant legislation

Chronically Sick and Disabled Persons Act 1970

1. Section 1 of the act imposes a duty on the council to provide adaptations or special equipment needs in the home to help with convenience or for safety. Any provision of resources is dependent upon an assessment of need under the NHS and Community Care Act 1990.

2. Disabled Persons Act 1986

3. The Disabled Persons Act 1986 strengthens the provisions of the Chronically Sick and Disabled Persons Act 1970 and requires Local Authorities to meet the various needs of disabled people, including provision of aids and adaptations.

4. Housing Act 1985

5. Under section 8 of the act the council has a duty to consider housing conditions in its district and the needs of the district for the provision of further housing accommodation. This may include the provision or adaptation of existing accommodation for its own disabled tenants.

6. Housing Grants Construction and Regeneration Act 1996

7. Under this act the council has a duty to provide Disabled Facilities Grants to eligible applicants.

8. Equality Act 2010

9. The Equality Act 2010 prohibits discrimination against people with the protected characteristics that are specified in section 4 of the Act. Disability is one of the specified characteristics.

5. Determining eligibility for assistance

5.1. Eligibility

1. The following eligibility criteria apply:
   • applicants must be an introductory or secure tenant of the council or persons who would usually reside with them (excluding lodgers), and who are permanently resident in the household and who have a disability, which has a significant or serious long-term effect on their ability to:
     • carry out normal day-to-day activities in and around their home
     • and / or access essential facilities within their home
   • works for others living at the property such as lodgers, will only be carried out in exceptional circumstances and only if they have been resident with the tenant for more than 12 months
   • in exceptional circumstances occupants of supported accommodation provided under homeless duties and occupying via a non-secure tenancy will also be eligible for aids and adaptations
   • an applicant who is not a named tenant on the tenancy agreement, must be registered as living at the property for Council Tax purposes, and if aged over 18 years, they should be registered at that address on the electoral roll
     • therefore, adaptations will only be considered if the property is the main residence of the individual and they do not hold another tenancy or own another property.
     • the tenant must also intend to remain resident at the property for 5 years
     • consideration will be given to waiving this requirement where a tenant is on a fixed term tenancy and there is less than 5 years remaining
   • where a property used to provide temporary accommodation under Part VII of the Housing Act 1988 (homeless duties) within the Housing Revenue Account and forms part of the council's social housing stock and the occupier has been offered the accommodation as they have a specific need for a Housing First property, Transitional Housing Scheme property, move on property or it is supported housing and there is an expectation they will remain in the property for two years, the council will consider the provision of adaptations in accordance with this policy - where the formal court action is in process to end the occupation of the property, adaptations will not be undertaken.

5.2. Adaptations for Children in Joint Residency Arrangements

1. In cases where a child is disabled, and the parents are separated, adaptation works will usually only be completed at the property of principal residence (normally the residence of the parent who is in receipt of child benefit for that child).

5.3.Adaptations to Facilitate Hospital Discharge

5.4. When will works not be approved?

1. Circumstances where requests to adapt a property will usually be refused include:
   • adaptations will not be undertaken where an Outright Possession Order has been applied for or been approved by the Courts or where the terms of a Suspended Possession Order have been breached and the Council has applied for an Outright Possession Order
   • where major adaptations are required, and the applicant is waiting for medical procedures, which will improve their mobility
     • the decision that the individual is not eligible will be reviewed once their recovery time is complete
     • temporary or minor adaptations will be considered during this interim period
   • requests for major adaptations will not normally be approved where a Right to Buy application has been received by the council - following completion of a Right to Buy sale, adaptations could, however, be considered under the council's Private Sector Adaptations Policy
   • where a tenant has applied for a move to an alternative property which meets their needs. Temporary or minor adaptations will be considered during this interim period
   • where any of the above applies, in some exceptional circumstances, for example where the applicant is receiving palliative care, or where essential works are required to meet the needs of disabled children some or all works will be permitted to be undertaken
2. In addition, where a tenant or the member of their household for whom adaptations are needed has no recourse to public funds, adaptation works will not be able to undertaken.
3. Where an adaptation is refused in accordance with this section, reasons for refusal will be provided to the applicant in writing along with details of how to appeal the decision.

6. Types of assistance available

1. There are three categories of aid and adaptations:
   • equipment
   • minor adaptations
   • major adaptations
2. The most appropriate solution will be sought in all cases and will aim to offer the best value for money whilst meeting the needs of the household. This will be achieved by ensuring that the works are necessary and appropriate to meet the needs of the disabled person and are reasonable and practical depending on the age and condition of the property, prior to authorising the works as outlined in the legislation guidance (Housing Grants Construction and Regeneration Act 1996).

6.1. Equipment

1. Portable or temporary equipment is available to help with those who have difficulties with daily living activities such as:
   • reaching down to put on socks, stockings or shoes
   • turning the taps on and off or generally managing in the kitchen
   • getting in and out of the bath
   • getting up from a low toilet
   • getting up out of an easy chair
   • carrying things between rooms
2. The Council can assess and recommend the need for portable pieces of equipment on behalf of Norfolk County Council. In some circumstance's equipment may be provided free of charge to those people who meet Norfolk County Councils eligibility criteria although this is not guaranteed. Further information is available on Norfolk County Council website: Norfolk County Council Support to Stay at Home

6.2.  Minor Adaptations

1. The Council recognises that the timely provision of minor adaptations can often postpone the need for more substantial adaptations.
2. The type of work carried out includes:
   • lever taps
   • stair rails
   • external grab rails
   • internal grab rails
   • ½ height steps
3. Requests for minor adaptations will normally be made on behalf of the tenant by an Occupational Therapist or Trusted Assessor but they can also be made by another council staff member, for example, a Tenancy Officer.

6.3. Major Adaptations

1. Major adaptations can include:
   • bathroom works for example, installation of level access showers
   • kitchen works for example, installation of height adjustable work surfaces
   • internal access - door widening, stair-lifts, through floor lifts
   • property access - ramps, car hard-standing and dropped kerbs
   • extensions where remodelling the existing layout is not possible and a move has been considered as not appropriate subject to the cost falling within the cost limits set out at section 8
2. Major adaptations will only be carried out following a formal recommendation from an Occupational Therapist or Trusted Assessor, for eligible tenants and in suitable properties.

3. Dropped kerbs are subject to approval being given by Norfolk County Highways.

7. Process for existing tenants

1. The policy in respect of adaptations to Council dwellings reflects the statutory requirements for Disabled Facilities Grants in the private sector.
2. Before an application for major adaptations can be considered, an Occupational Therapist or Trusted Assessor will need to confirm that the applicant is disabled as defined in the Equalities Act 2010.
3. An Occupational Therapist or Trusted Assessor will carry out an assessment of the needs of the applicant to determine what is necessary and appropriate (this may include working with other health professionals, such as a medical consultant or GP).
4. The Occupational Therapist or Trusted Assessor will consider the competing needs of the household occupying the property including any competing needs of family members that need to be met in that property.

7.1. Necessary and Appropriate

1. An Occupational Therapist or Trusted Assessor will submit a recommendation of what is required and advise whether the proposed work is necessary and appropriate. Although there is a duty to consider Social Services (Norfolk County Council) advice the formal decision as to whether the proposal is necessary and appropriate is for the Council to take.
2. To qualify as an adaptation, the work must be designed to:
   • enable a disabled person to gain access to and from their home and garden
   • make the dwelling safe for the disabled person and other occupants
   • enable access to a room, which is used as the principle family room
   • facilitate access to and from a room used for sleeping
   • enable access to a toilet, wash hand basin, bathroom or shower room and facilitate the use of the facilities
   • facilitate the preparation and cooking of food
   • improve or provide a heating system to meet the needs of a disabled person
   • facilitate the use of a source of power, light or heat by altering the existing means of control or providing additional ones
   • enable a disabled person to have access and movement around the home in order to be able to care for someone else living there
3. The Occupational Therapist or Trusted Assessor's recommendation will form the basis of any scheme of works required to meet the needs of the tenant (and where applicable their household), which in some cases may include moving to more suitable accommodation.  In some cases, the Council may identify other works to address the needs of the individual and or ensure the practical use of the property.
4. Where an adaptation is refused as it is not necessary or appropriate, the applicant will be advised of this decision and the reasons for the decision in writing along with details of how to request a review of the decision (for further information see section 12).

7.2. Reasonable and Practicable

1. Once the Occupational Therapist or Trusted Assessor's assessment is received and the proposed work is deemed as necessary and appropriate, the Council's Technical Officer will usually visit to determine whether the works are reasonable and practicable having regard to the age and condition of the property to establish whether the adaptations can be carried out safely without having an adverse effect on the fabric of the building.
2. Where the assessed needs are complex and there may be more than one way of meeting the identified needs; the Occupational Therapist or Trusted Assessor may carry out a joint visit with the Technical Officer. Taking a person-centred approach, the visit will identify what the applicant is able to do currently and options will be discussed and considered in line with this policy, to establish the most appropriate solution, which will aim to offer best value for money whilst meeting the needs of the applicant.
3. Where it is not reasonable and practical to meet all the needs of the applicant, it will be considered what works are reasonable and practical to meet the necessary needs of the applicant now pending a move to more suitable accommodation that is able to be meet or be adapted to meet the whole range of identified needs.
4. Where an adaptation is refused as it is not reasonable or practical, the applicant will be advised of this decision and the reasons for the decision in writing along with details of how to request a review of the decision (for further information see section 12).
5. When considering the scope of works, the Council will consider the long-term use of the property when making adaptations. This consideration will particularly be relevant where extensions and other major adaptations are being considered. The Council as landlord may decide to enhance the adaptation e.g. providing a double bedroom rather than a single bedroom to ensure the property could accommodate as many household types as possible in the future. Requests for adaptation will not be refused due to any additional costs caused by an enhanced adaptation at the landlord's request.
6. Where adaptation works result in the creation of an additional bedroom, from the date of completion of the works, the rent for the property will be amended to reflect the new total number of bedrooms.

7.3.Agreement for works

1. Once it has been determined that adaptation works are necessary and appropriate and reasonable and practical the Council will consider whether major adaptation works should be carried out. No landlord permission is needed for minor adaptation works.
2. The Council will not agree to:
   • major adaptation works where the cost of the works exceeds the financial limit set at section 8 of this policy
   • installation of stair lifts to communal staircase in a block of flats or the shared common areas of a property as there is a risk that this will restrict access to other users of the building and the emergency services
3. Circumstances where the Council as the landlord may refuse permission for adaptation works include:
   • where there is suitable alternative accommodation within the social housing stock that is likely to become available within 12 months that would meet the households assessed needs or could be adapted more easily to meet those assessed needs - in these cases, the council will consider carrying out temporary or minor adaptations pending a move to more suitable accommodation
   • where the adaptation will have an impact on the property and its future use or rental income, such as losing usable living space in the property; for example, relocating a bathroom upstairs resulting in the loss of a bedroom
   • where the tenant is in breach of their tenancy agreement as example rent arrears or substantiated reports of Anti-Social Behaviour and the Council has commenced action seeking possession of the property or formal legal action - in these circumstances, the works will be put on hold pending the outcome of the court case or repayment of the debt
   • works to properties if the property is not suitable for the size of the household
4. A property will be considered unsuitable for the size of the household where a household is under-occupying by more than one bedroom or where the household is living in a property that is over-crowded. In these cases, it will be discussed whether the applicant wants to move to a property which meets their needs which is adapted or can be adapted to meet their specific needs.
5. In those cases where an applicant does not want to move and is under-occupying their home, the council will undertake adaptation works as long as they are necessary and appropriate and reasonable and practical.
6. Where an applicant is overcrowded, the council will undertake minor or temporary adaptations pending a move to another property which is of a size suitable for the applicant and their household.
7. If an adaptation is deemed not reasonable and practicable or is refused by the Council, the tenant will be offered the option of moving to more suitable alternative accommodation, which includes this being facilitated through a management move. Applications for social housing (including transfers) are dealt with in accordance with the Council's Housing Allocations Policy and Scheme.
8. If re-housing is deemed the most appropriate option, then the tenant will be offered support to help them relocate.
9. In cases where a move to more suitable alternative accommodation is recommended, the move will take place as soon as reasonably practicable and will be subject to suitable housing stock being available from the Council or a Registered Providers.  In some cases, the tenant may also want to consider a move to the private rented sector.
10. If a tenant refuses a reasonable offer of more suitable accommodation that is either adapted or can be adapted to better meets the households assessed need, major or extensive adaptations to their current property will not be carried out. In exceptional circumstances, for example where the applicant is receiving palliative care or where adaptations are required to maintain the applicant's safety some essential adaptation works will be provided subject to the financial limit set out at section 8 and where they are technically possible.
11. The suitability of an offer of alternative accommodation will be discussed between the Occupational Therapist or Trusted Assessor, Technical Officer, Housing Options Team and Tenancy Services taking account of the applicants essential assessed needs and the showing how they can be met. The applicant will be advised of the options open to them in order to make an informed choice, this will include information on the availability of accommodation.
12. It is important for the Council as landlord to consider all these factors to ensure it makes the best use of its financial resources and stock whilst meeting the needs of the applicant.
13. Where the council  refuses permission for adaptation works, the applicant will be advised of this decision and the reasons for the decision in writing along with details of how to request a review of the decision (for further information see section 12).

8. Cost of adaptations

1. The cost of adaptations to its own housing stock is met by the council from its Housing Revenue Account and is subject to budget availability. The upper cost limit for works is set in line with the maximum award for a Disabled Facilities Grant, which is currently £30,000 per individual.
2. The Council as landlord will consider applications for multiple people in a household and those from a sole applicant.
3. The maximum cost of adaptations that can be funded is £30,000. There may be cases where works are likely to exceed £30,000. For example, where multiple adaptations are needed, where an extension is recommended or where works will meet a particular need which otherwise cannot be met in the existing affordable housing stock within a reasonable time period. The approval of works in excess of £30,000 cost of works for a sole applicant is capped at £60,000 and agreement to fund works up to this amount is at the discretion of an Executive Director.
4. Where the cost of the work is likely to exceed £30,000, the Executive Director will consider cases individually and decisions are at their discretion. This discretion will only be used in exceptional circumstances where:
5. suitable alternative accommodation is not available in the current affordable housing stock, or;
6. an applicant has been waiting in excess of a year for a move to a more suitable property that is either adapted or can be adapted at a lower cost, and;
7. alternative funding cannot be identified. This would include making representation to Norfolk County Council Social Services for top up funding or approaching charitable organisations, and;
8. where discussions with the Occupational Therapist or Trusted Assessor to find an alternative less costly way of meeting the applicant's needs have been exhausted
9. where the adaptation works will create a property type which is not available/is extremely limited in the affordable housing stock
10. Where the works required will create an additional bedroom or bedrooms, the Executive Director at their discretion may approve adaptation works where the costs of adaptation works exceed £60,000 subject to funding being available to fund the additional costs from the Housing Revenue Account (HRA) capital budget. In these circumstances it shall not exceed £100,000.

11. This table sets out the delegations for approval of spend in accordance with the policy

    Total cost	Authoriser	Comments
    Up to £30,000	Adaptations and Improvement Manager Head of Strategic Housing
    Up to £60,000	Executive Director	Where multiple major adaptations are required to the same property and or small extensions
    Up to £100,000	Executive Director and Cabinet Member	Only where additional capital funding from the HRA is available and works will provide an additional bedroom or bedroom.

 8.1. Means Test

1. A means test is not applied to adaptations for tenants or their household and therefore no financial contribution is required.
2. The council reserve the right to review whether a financial contribution should be sought at a future date.

9. Adaptations to void or acquired properties

9.1. Adaptations to Void Properties

1. In order to make the most efficient use of existing stock, as set out the Allocations Policy and Scheme, the Council seeks to let adapted properties to those applicants who require them.  
2. The Council will not routinely remove adaptations from void properties or undertake major adaptations to a property whilst it is void.
3. When a property becomes vacant it will be determined whether it is suitable for someone needing adapted accommodation. This determination will be based on whether the property has existing adaptations and or whether it can be adapted to meet the needs of an applicant waiting for re-housing.
4. Where a property can be adapted to meet the needs of an applicant the council will carry out those adaptations once the tenancy has started. Adaptations will not be carried out prior to the commencement of the tenancy unless there are exceptional circumstances, such as:
   • applicant is physically unable to access the property with the provision of a temporary ramp
   • applicant or disabled person has a medical condition that means it would not be safe for them to be in the property while work is carried out. For example, has severe breathing difficulties that would be aggravated by the works and cannot stay with family or friends while the work is on-going, or there is a member of the household with severe autism who cannot live elsewhere while the work is on-going
   • where a property requires void works that if delivered differently would meet the needs of the disabled tenant for example, instead of fitting a new standard bathroom, provide an adapted bathroom
   • where the adaptations required are significant (impacting large parts of the property) or are structural in nature making it unsafe for someone to live in the property while the work is carried out
5. In those circumstances the Council may carry out some or all the adaptations prior to the commencement of tenancy.

 9.2.Adaptations and Acquisitions

1. Subject to available funding, the Council may acquire properties on the open market to meet specific housing needs which cannot be met within the existing stock. When acquiring a property to meet the needs of a disabled household waiting for re-housing, the Council will seek to acquire adapted properties or properties that lend themselves to adaptation at a reasonable cost. 
2. The process for properties acquired for this purpose are outlined in the Council's Use of Retained Receipts Policy and the Acquisitions and disposals policy. These policies can be found on the Council's website.
3. Potential properties to be acquired for this purpose will be surveyed to assess whether they are suitable or can be made suitable for tenants with disabilities before a final decision is made on whether to acquire.
4. Appendix 1 sets out the points and indicative specification that will be considered when acquiring a property to adapt for wheelchair use. This is applicable when considering works in both void properties and properties the Council is seeking to acquire.

10. Tenants installing their own adaptations

1. Secure tenants of the council may be able to organise their own adaptations at their own expense. In all cases, the tenant must obtain written agreement from the council before carrying out alterations or adaptations to their property, decisions as to whether permission will be granted for tenants to carry out adaptations to their property will be made in accordance with the Tenant and Leaseholder Alteration Policy.
2. The council will advise the tenant prior to providing consent for the tenant to carry out their own adaptation that they may be required to remove any adaptations and make good any damage to the property and or reinstate the original features of the property at the end of their tenancy.  For example, when a bath is replaced with a shower, the tenant may be required (depending on the property type) to install a replacement bath at the end of their tenancy.
3. The tenant will be responsible for the maintenance and repairs of adaptations that they have arranged themselves for the duration of the tenancy. In addition, the council will not be liable for any damage or injury caused by the adaptations.
4. The amount of rent charged will not be affected by installing privately funded adaptations to the property.

11. Use of adapted property

1. Once major or extensive adaptations have been completed at a property it is expected that the person for whom the adaptation was completed will continue to live at the property for a minimum period of 5 years unless circumstances do not allow this (for example, a deteriorating medical condition means that the property is no longer suitable).
2. Where the individual's needs have changed and, with agreement from the Occupational Therapist and the council, a move to a suitable alternative property will be considered in line with the Council's Allocations Policy and Scheme. Should the new home require any adaptations to meet specific needs, these will be assessed in accordance with the terms of this policy.
3. If the tenant applies to be re-housed following completion of an adaptation for themselves or a member of their family, they would normally be considered adequately housed unless their circumstances have significantly changed or there will a material impact on them if they remain in the property.

11.1.Mutual Exchange

1. Mutual exchanges will be considered in line with legislation with Schedule 3 of the Housing Act 1985 setting out the grounds for refusing a mutual exchange. Therefore, permission may be refused if the property:
   • has been adapted or has features that make it suitable for a disabled person
   • is a property owned by a landlord which lets properties to particularly vulnerable people or;
   • is for people with special needs (supported housing) and if the mutual exchange took place there would no longer be such a person living in the property

11.2.Right to Buy

1. In some cases, applications for the Right to Buy from tenants to purchase their home which has been adapted for the current tenant or a prior tenant may not be approved.  All decisions to refuse the Right to Buy will be made on a case by case basis reflecting the legislation (Housing Act 1985 Schedule 5: Exceptions to the Right To Buy)
2. It is not possible for the Council to advise tenants at the point when adaptation works are agreed whether or not the works will mean that should they apply to purchase the property through the Right to Buy will be approved or refused.  All decisions can only be made at the point an application is made.

11.3.Change of Needs

1. If a tenant's needs change after adaptations have been installed for example, they can no longer do something that they could manage before, they should seek a further assessment of their needs from an Occupational Therapist or Trusted Assessor. In those circumstances where the adaptations needed are minor adaptations, the tenant should contact the Tenancy Services Team.

12. Exceptions and discretion

1. Decisions in relation to adaptations to council properties will be made in accordance with this policy.  In some exceptional circumstances, an Executive Director will consider using their discretion to approve adaptation works which cost more than £60,000 where the works do not result in an additional bedroom or bedroom being provided.   The exercise of this discretion, however, remains subject to funding being available to fund the additional cost and the works being necessary and appropriate and reasonable and practical.  The total cost of the works required shall not exceed £100,000.
2. Any such decision will not set a precedent for other requests as each decision will be made on the specific circumstances of the case.

13. Review of decision

1. It is important that tenants can request a review of a decision in a clear, fair and efficient process.  Tenants may request a review of a decision to refuse works or to only carry out temporary or minor adaptations. Reviews should take place as soon as possible in order not to disadvantage an applicant. 
2. The review process is as follows:
   1. a review request must be made by the tenant within 28 days of the decision regarding their application. This time limit may be extended in exceptional circumstances
   2. the review must be conducted by another council officer who was not involved in the original decision and is senior to the officer who made the original decision
   3. the review process will normally be based on written representations
   4. the review officer may make further inquiries and interview applicants and other interested parties but there will be no requirement to hold a full oral hearing
   5. the review should be concluded within 8 weeks of the review request or as soon as reasonably practicable afterwards
   6. the decision on review will be and communicated in writing to the tenant and give reasons if the review outcome is against the tenant

14. Complaints

1. Any complaints about this policy or its implementation will be actioned in accordance with the Council's Corporate Compliments and Complaints Policy.

15. Monitoring and review of the policy

1. The policy will be monitored and be subject to review every five years unless there is a fundamental change of legislation or need to change the policy before the next scheduled review.

2. Policy status

   Status	March 2025
   Next review date	March 2030