Disabled council tenants and leaseholders are being warned they could have their mobility scooters seized if they leave them in communal areas of tower blocks. Bristol City Council has approved a new policy stepping up its enforcement of a ban on keeping the vehicles in corridors and hallways that could block residents’ escape routes if there is a fire.
The scooters’ lithium-ion batteries also present a danger of bursting into flames. A Labour councillor said the decision could expose the local authority to claims of disability discrimination.
The homes and housing delivery committee voted by 6-0 to introduce the policy, which was last updated in 2013 long before the Grenfell and other high-rise tragedies, although Labour’s three members abstained. There was already a ban on parking mobility scooters in communal areas but one of the main differences now is a focus on enforcement, with the council giving itself the right to remove them if they are deemed a hazard.
The authority has allocated £500,000 to create storage areas for the vehicles in blocks of flats, and the new rules, which have the backing of Avon Fire & Rescue Service, say the council will work with residents on a case-by-case basis to try to find safe places to keep them.
“However, in some circumstances, there may be occasions when Bristol City Council will have no other option but to take enforcement action and remove the scooter to a safe location,” a report to the committee said. It said this would only be done as a “last resort”.
The policy also reintroduces a requirement for disabled people to get permission from the housing department before buying or hiring a scooter to ensure it is an appropriate size for the block and that there is sufficient storage. It said: “Whilst permission will not be unreasonably withheld, Bristol City Council’s overall responsibility for the health and safety of all residents within a block of accommodation must take priority.”
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The committee report said that if policy was not approved, the organisation would be at risk of enforcement action by the fire service and could be putting residents at risk. It said any fines against the council would be passed onto the scooter’s owner.
The report said that following the inquest into the death of Abdul Oryakhel, who fell from the window of a 16th-floor flat at Twinnell House in Easton while trying to escape a blaze caused by an e-bike lithium-ion battery pack overheating and igniting, Avon coroner Maria Voisin warned the council she would issue it with an order to take action if it did not adopt a policy before October.
It said: “Some older and disabled tenants/leaseholders who cannot currently store their mobility scooter either a) in their flat or b) have no alternative external storage available may feel disadvantaged if a more robust stance on ensuring fire safety in communal areas is enacted going forward.
“However, any action to remove mobility scooters blocking safe escape routes would only be taken after exploring a range of potential solutions with affected residents, taking into account their particular circumstances and any disability or physical impairment that they may have. It would be a last resort option and would not occur in the vast majority of cases.”
The policy said failure to store mobility scooters in a designated area or in individual flats would result in a breach of tenancy conditions and may lead to enforcement action. Some local councils and housing associations include eviction as a possible outcome, although this is not expressly written in Bristol’s new rules.
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Cllr Zoe Peat (Labour, Avonmouth & Lawrence Weston) told the meeting that disability was a protected characteristic under the Equality Act. She said: “As a landlord we must ensure safety within our stock but we are bound to provide reasonable adjustments to our tenants and this could very well mean ensuring adequate storage for mobility scooters.
“If we do not exhaust all other options before removing them, we could find ourselves subject to a claim under the Equality Act for disability discrimination. Please could you assure me that we will do whatever we can within reason to ensure that accommodation for mobility scooters will be provided first and any removal is an absolute last resort?”
Head of business development in housing and landlord services Miles Tilling replied: “I can absolutely give that assurance. We are confident that in the vast majority of cases we will be successfully able to mitigate removal of offending items by making other arrangements including supporting residents in purchasing or renting a different mobility scooter that can be stored safely within their premises and comply with the policy.”
Committee vice-chairman Cllr Richard Eddy (Conservative, Bishopsworth), who is disabled, said: “This is frankly a no-brainer. Some people are going to be unhappy with our decision but especially with Grenfell and various other smaller but equally serious incidents, clearly we have got to put the health and safety, even the lives, of our tenants first.
“We have heard from others including Avon Fire Authority that it’s essential we go this way. This should command the support of the committee.”
Committee chairman Cllr Barry Parsons (Green, Easton) told the meeting on Friday, September 20: “We are keenly aware of the equalities impact of this and that’s why there is a very extensive equalities impact assessment. This is a significant piece of work around ensuring the safety of residents in our blocks.”