Thursday 15th May 2025

(2 days ago)

Lords Chamber
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Lord Shinkwin Portrait Lord Shinkwin (Con)
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My Lords, I support Amendment 275C in the name of my noble friend Lady Coffey. I apologise to noble Lords that this is the first time I have spoken on the Bill. I thank my noble friend for tabling this amendment, for a number of reasons: first, as someone who, as a result of injury, has had to be far more reliant on the mobility aid that is my wheelchair than is usual; secondly, because I recognise that one’s disability and resulting need to use a mobility aid, such as a wheelchair, does not change simply because one happens to be a tenant; thirdly, and perhaps most importantly, because it gives me the opportunity to bring to the House’s attention a real-life example which I hope will underline the amendment’s importance.

I should declare an interest. The example I give concerns a person I know—an eminent solicitor with an international law firm who has become severely disabled in adulthood as a result of a condition called Stickler syndrome. For those noble Lords not familiar with this condition—I confess that I was not—common symptoms include vision problems such as near-sightedness and retinal detachment, hearing loss and joint problems such as hypermobility and arthritis. In this individual’s case, it is extremely painful and debilitating and has required extensive surgery, including within the last six months. Remarkably, she is still holding down a demanding job.

However, her suffering is being unnecessarily and even gratuitously compounded by the concerted and blatant disability discrimination she is encountering from HAUS Block Management and the right-to-manage company covering the development in which she lives. This disability discrimination relates directly to her use, as a long-term tenant, of her mobility aids in her rented dwelling, which includes a courtyard garden that she shares with other residents. The amendment refers to a reasonable request from a tenant to install mobility aids in the dwelling. Her request is undoubtedly reasonable, but the irony is that she is not asking for an installation. All she is asking for is the right to use her mobility aids in a courtyard garden, which is part of the dwelling.

There are two aids on which she depends for her mobility to live independently and get to work. Recent deterioration in her condition has necessitated the increased use of a wheelchair and increased visual impairment has required the use of an affectionate, intelligent and furry mobility aid. I refer of course to her adorable, but ageing, canine companion, without which she would immobile and could not function: her guide dog.

The amendment is so important to this individual and other disabled people in her situation—perhaps to an even greater degree than my noble friend appreciated when she tabled it—because despite my friend being a lawyer and having engaged in writing with HAUS and the RTM to explain her legal rights in relation to step-free access to the garden for her guide dog and her wheelchair, all her appeals for kindness, help and basic human empathy have been met with disdain. I know this because I have here in the Chamber a copy of her email correspondence with HAUS and the directors of the RTM. It is a damning indictment of how the rights enshrined in disability discrimination and equality legislation—on which your Lordships’ House has done so much brilliant work over the years to pass—are being traduced by organisations such as HAUS and the RTM. What a sad reflection on society that this could happen in plain sight in 2025, the 30th anniversary of the Disability Discrimination Act. It is heartbreaking—quite literally, in the case of this individual. Her condition is by its very nature isolating. HAUS, her RTM directors and her neighbours know that, and yet they give the impression that they are waiting for her to die, and their callous indifference adds to that sense of isolation.

What is to be done? It would be so easy for the chief executive of HAUS, Gareth Martin, to facilitate the speedy resolution of this situation by ensuring that the RTM directors act in accordance with her rights and with compassion, and that a key was provided, on a permanent and unrestricted basis, to the courtyard garden—which happens to be next to my friend’s apartment—so that she could use her mobility aids in it. As Guide Dogs has explained to in an email to HAUS and the RTM directors, this is vital for the welfare of both her ageing service dog—her mobility aid—and the individual herself.

She is being undeniably persecuted for having the temerity to assert her rights, in a way that would be totally unacceptable were it to be carried out on the grounds of race, for example. Incredibly, as if to add insult to injury, the individual has also been told that a few flowerpots, which contain plants for sensory stimulation and provide her with the very few flashes of colour she can still just about discern, must be removed.

In conclusion, will the Minister meet me so that we can explore how we might persuade HAUS and the RTM to respect this individual’s rights with regard to her mobility aids, in line with the spirit of this amendment? Can directors of companies be struck off, for example, for engaging in what is obviously wilful disability discrimination? If not, how can we ensure that they are? Perhaps their appalling behaviour could be brought to the attention of the relevant regulators—I cannot imagine their clients would be impressed. I look forward to the Minister’s response, and I reiterate my deep gratitude to my noble friend for tabling such an important amendment.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, I thank my noble friend Lady Coffey for tabling this amendment. I also pay my heartfelt thanks to my noble friend Lord Shinkwin; he always brings enormous knowledge and so much personal experience to any debate, as he has done today.

We briefly discussed support for disabled tenants in an earlier group, and we on these Benches firmly support steps to help disabled tenants access the homes and services they need. With the appropriate support, disabled people can live more fulfilled lives and thrive. We have come so far in recent years on support for disabled people to live full and happy lives in their own homes, so I am grateful to my noble friend for moving this important amendment today.

Amendment 275C seeks to prevent landlords and agents declining reasonable requests by tenants who need mobility aids to have them installed. It is a limited amendment that applies only where a tenant can arrange for the payment and installation of the aids themselves. This is an excellent challenge to the Government and we hope that the Minister will seriously consider this proposal and work with my noble friend to deliver the protections we need for disabled tenants. Perhaps this is something that we could revisit on Report.

We also wish to work constructively with my noble friend on how we might consider broader plans to ensure that the removal of mobility adaptions is deliverable, affordable and—crucially—even possible in practice. This is a vital area that demands serious attention from the Government, and the onus is on everyone across the Committee to put forward practical and compassionate solutions that recognise the real-world challenges faced by landlords and tenants alike around adapted homes. We need to look further at who would be responsible for covering the costs of restoring the changes to the original condition of the property. There is some more work to do, but I am sure that we can all do it before Report, and I look forward to working with the other parties to see whether we can find a sensible solution to the issue. We must ensure that any policy in this area supports accessibility, while remaining realistic and fair to all parties concerned.