In November 2022, R (Gulrez) v Redbridge LBC was decided in court. This is a case of particular interest for landlords, tenants, people with disabilities, construction professionals advising on proposed works, as well as local authorities themselves.
This case focused on a severely disabled 33-year-old man living in his parents’ four-bedroom semi-detached house and the refusal of an application to install a stairlift by Redbridge Borough Council. His disabilities resulted in him only being able to mobilise by using a wheelchair, meaning that when the previously installed through-floor lift became unreliable with age, he was unable to consistently access his bedroom and bathroom located on the first floor without being carried or otherwise assisted. This both risked harm to him and whoever was assisting him.
The claimant sought out a grant pursuant to the Housing Grants Construction and Regeneration Act 1996 to be able to install a stairlift as a back-up, allowing the property to remain accessible when the through-floor lift was out of service. This law empowers local authorities to give grants where an adaption is needed to make the property ‘safe’ for a disabled person, as long as it is considered both ‘necessary and appropriate’. Redbridge Borough as a council had a policy of not paying such grants where the purpose was to install a back-up system. This refusal of the grant was consequently challenged in court.
Often, councils have policies that are formed around their interpretation of the law, in this case, for budgeting reasons. These policies, however, do not necessarily reflect the law itself as it was deemed by the Judge that there was no legal basis for denying the request.
This means that in cases where the council has made a decision regarding a request of this kind, it is always worth seeking expert legal advice to find out what you are entitled to, as had the claimant chosen not to challenge the decision in court, they would likely have been left with insufficient adaptations.
If you need support with a similar housing issue, please contact us at Baron Grey and our experts can advise you on all your Property Law needs. Contact us for a free consultation by calling 020 8891 4311 or visit our contact page for more ways to get in touch.
