Published on 12, July, 2020
Hello everyone I need advice on whether my nephew has been discriminated against under the Equalities Act 2010 or Auitsm Act 2009 by his local council. I did ask this on another genreal forum but felt no one really replied. So have signed up here to get some specialist advice.
My nephew suffers from autism, which causes meltdowns (anger outbursts) and self-harm in relation to sensory overload from noises.His support worker contacted the council's adult and social care team to request an occupational therapy assessment to establish if soundproofing could help reduce noise and provide a safe space to go when needed. All adaptations carried out in this council area if you are a tenant there are free and do not require an application for a disabled facilites grant. An OT called back from the council today and explained that because his needs arise from a sensory disability and not a physical one, the funding policy for the revenue budgetdoes not cover soundproofing or sensory issues.
I'm understanding that autistic people are protected under the Autism Act and the Equality Act 2010 from discrimination against their disability, regardless of whether it is physical or not.
Could anyone provide any insight as to whether this is true or if the Council has the legal right to decline an OT assessment?
A big thank you in advance to anyone who can help shed light on this situation.
@NAS91091 Ah right, maybe we would ask for a DFG grant if we got an assessment.
@Autriker Thanks for the suggestion, which we may do as a last resort.
@Peter Yes, the council bungalow was given to him based on his autism. But noise is still getting through. Yes, it's a shame that reasonable adjustments do not extend to altering or removing physical features. Some disabled people who need adjusting are still disadvantaged because the EQ 2010 doesn't seem to give them the same rights as someone who needs a non-permanent adjustment in housing. Which I feel is direct discrmination yet the act was brought in to stop this and treat all disabled people the same no matter what. His noise sensitiy is on the extreme side and can lead to violence against other people who are making noise etc.
@Glitter I was hoping ANC headphones might work. I have had all the models from the Sony MX line myself, and the improvements in dB reduction in each newer model are not very progressive. His dream is when a new ANC model will come out that blocks loud speech down to 80 percent with no music playing. Thansk for your suggestion about my bad wording above its been noted.
Wait a minute. A bungalow is a one level detached building. So is the noise coming from outside the building?
Anyway I think the reason for excluding physical alterations was to stop landlords being forced to put in ramps and lifts in buildings that require physical disabled access.
if a noise is coming from outside the bungalow must be of unusually flimsy construction. That or the neighbours must be unusually noisy. If it’s a building I have to wonder if maybe something as simple as erecting a fence or hedge might be helpful. Maybe the council could be persuaded to agree to that.
on the other hand if it’s the neighbours maybe this is really a police matter to do with noise pollution.
If it doesn't work then why do recording studios use it? That's ridiculous.
Is there a reason his bedroom has to be at the front?
@Peter Yes, it's mainly sudden impact noises he really doesn't like, such as car doors slamming outside, Food shooping deliveries and the bins are the worst. He is still getting used to having his bedroom at the front. After a long discussion, we were thinking of making a new request for acoustic panels for the walls and ceilings to help dampen sudden noises coming in from outside. And some 4mm polycarbonate sheets for the windows as an alternative to expensive triple glazing, as suggested below. Now, with these requests above, the Council, by law under the EQ 2010, should have to provide them as they are temporary changes and not permanent ones and can easily be removed. We feel this is a very reasonable request, not only in terms of price compared to more expensive soundproofing systems. but again, it doesn't permanently alter the structure of the building. I'm really trying to fight this not only for him but to make the council realise they can't neglect sensory issues and have a duty under the EQ to provide the changes, or we will be taking this to the courts. The OT at the council was very anti-soundproofing, saying she believes it doesn't work, which was disappointing. We were not trying to completely block the noise, just dampen it somewhat, and we will explain this next week on the phone.
a terraced bungalow? I didn't think the term was used that way.