Posted By Faye I have a strange tale to tell... We would like to fit a new appropriate heating system into one of our properties as the tenants disabled husband was sleeping in the lounge. We cannot fit a stairlift to this type of property to allow him access to his bedrooms. However, he has refused access to us to fit the heating for a number of reasons relating to Housing Management issues ie 8 cats and house overfull of belongings. They have also refused a move. He and his family have decided that as he cant sleep in the lounge with the current heating system, they will place a board and mattress over the bath downstairs and he can sleep there of a night time! He has to get up to let his sons shower in the morning. Not a good plan but not exactly breaching any laws/regulations to my knowledge. We have tried to pursuade him that this is not safe but to no avail and We dont want to have to go down the enforcement route with a disabled man. He wont allow Social Services anywhere near. I have been asked to visit from a H&S point of view but am at a loss as to what I can do about this. I am due to make the dreaded visit first thing tommorrow so your suggestions or advice would be greatly appreciated.

Posted By Karel Simpson I can see why you are concerned and as the last post suggests yes you are ok and it is his decision but in my eyes being a H&S practitioner is not just about doing enough to satisfy the law etc but trying to change peoples attitude as well towards their own safety. If this gentlemen does not want to let you do the work and is adament of sleeping downstairs over the bath would it not be worthwhile trying to sit down politely and try and point out to him the dangers explaining to him that yes he can sleep there, but you are trying to help him not lecture him. Explain that you want to solve this problem for him and to help keep him safe for the benefit of him and his family. Ask him what he thinks could be a way of solving this? Ask him if he enjoys sleeping above the bath? If not then it helps. Only suggestions I could really say without knowing the full extent of the case is maybe suggest a sofa bed/chair in front room or a foldable bed or even an air bed. I hope this helps Regards Karel

Posted By Faye I do agree with you but is it morally right to allow a disabled man to cope in this way? I dont want to get into a discussion on morals or whether Courts would claim infringement of Human right etc, just something that i can use to help me gently pursuade him to allow us to fit the heating, and get him back into a comfortable situation. I wouldn't sleep well at night knowing we haven't done everything we could.

Posted By J Knight Hi Faye, We have people in our services with a variety of physical impairments. Sometimes impaired people will insist on trying to walk; sometimes they fall over. Once upon a time care providers would have tied them to their chairs 'for their own safety'; nowadays thankfully that doesn't happen, and we recognise that people's choices about their own personal safety are and should be paramount. I see the situation you describe as exactly analogous; your tenant has a right to do what he likes provided he isn't breaking either the law or the contract he has signed with your employer, John

Posted By Richie Hi Faye, Most standard letting contracts have an inclusion regarding access for reasonable repairs and improvement to the premises. If you feel there is a need for this heating system to ensure the housing stock keeps pace with the rest, you most probably have the right to insist on the work being undertaken. Furthermore, 8 cats seems excessive, once again you might wish to revisit the tennancy aggreement regarding pet occupancy, as cats and dogs in large numbers have a habit of damaging property. Such damage tends to be a reason for occupants denying access to maintainers, as once in the house the maintainers might spot the damage and report it, resulting in a bill for repairs to the occupant. Richie