Individual Needs and Reasonable Adjustments Policy

1. Introduction

1.1 This policy tells you how mhs:

Identifies and supports customers who have disabilities and individual needs, to ensure they have fair access to our services, and receive the assistance they need to sustain and manage their tenancy
Applies its duty to apply reasonable adjustments for our customers

1.2 We recognise that some of our customers may have individual support needs in relation to accessing our services.

1.3 Our customers have told us that they prefer the term ‘individual needs’ rather than ‘vulnerabilities’ so we have adopted this language, although customers may still wish to refer to themselves as vulnerable or as having vulnerabilities. Customers may also want to make specific reference to their disability(ies). On our One Housing System, the terms used are vulnerability markers and person attributes.

1.4 A person may have individual needs as a result of a single problem or condition, or due to a combination of factors. A person may also have individual needs at different points in their life, for instance someone may need reasonable adjustments following bereavement for a temporary period, whereas another person may require reasonable adjustments permanently.

1.5 A reasonable adjustment is something we do to ensure all our services can be equally accessed by customers with disabilities, as well as those without. Adjustments may include physical alterations to a property, a change in procedure or how we communicate with a customer. Reasonable adjustments can also be made for customers without a disability but with other individual needs. Section 7 contains more detail on relevant definitions and section 10 on reasonable adjustments.

2. Who needs to know?

2.1 This policy is relevant for all customers and colleagues, but particularly those who deliver services to our customers and those delivering services on our behalf.

3. Policy Statement

3.1 As a responsible social landlord, we have a duty to ensure that our services are fair and accessible for all our customers. Therefore, to make sure all our customers have the opportunity to access and benefit from our services we will identify and record disabilities and other individual needs of our customers and make reasonable adjustments to our service delivery.

3.2 To achieve this, we will:

Record any disabilities and individual needs on the customer’s contact record and keep this up to date.
Use all available information to identify if a customer has disabilities or individual needs.
Take account of known disabilities and individual needs in the provision of services and in decisions around tenancy management.
Assist customers in identifying and accessing additional services that they may need.
Record any known representatives who act as a ‘delegated authority’ or with power of attorney to act on the customer’s behalf and those a customer has agreed may communicate with us on their behalf, noting what may be discussed with the representative and for how long.
Consider any individual needs and where appropriate vary our service delivery to ensure customers are not at a disadvantage.
Make appropriate referrals to our tenancy sustainment services to provide enhanced support where appropriate to do so.
Refer to statutory agencies and other external partner support agencies where appropriate.
Make safeguarding referrals whenever needed.
Use analysis of data, customer feedback, complaints and any other relevant information including benchmarking, to regularly assess if our services are fair and accessible to all our customers and prospective customers.

3.3 We must be clear that any additional support we provide on a temporary basis, in the form of reasonable adjustments such as helping take down rubbish, is as a housing provider, rather than a care provider. The support must be related to housing services. If a customer has needs that require additional support on a permanent basis, then we should support the customer to access other services and if necessary, review with them their future housing needs.

4. Purpose

4.1 By adopting this policy, mhs will ensure that we:

Make our services accessible and fair for all customers.
Take reasonable steps so no customers are placed at a disadvantage because of their individual needs or disability.
Support tenants with disabilities and individual needs to receive the support they need to manage and sustain their tenancy and home.
Comply with current and relevant legislation, regulatory standards (mhs as registered charity and Heart of Medway as a Registered Provider), contractual obligations and best practice
Remain consistent with the strategic aims of mhs.
Have appropriate levels of quality assurance, measures and monitoring.

5. Scope of the Policy

5.1 This policy applies to:

All customers and prospective customers of mhs homes
All persons working for mhs in any capacity, including employees, agency workers, Non-Executive Directors, volunteers and engaged residents
Contractors working on behalf of mhs
Within this document ‘mhs’ refers to all entities within the mhs homes Group

5.2 This policy underpins a number of other mhs polices (for example Lettings and Anti-Social Behaviour) all of which should refer back to this policy. Relevant policies and procedures will also contain information on how the service delivery is tailored to individual needs.

5.3 The Individual Needs and Reasonable Adjustments Procedure gives further details on how to enact this policy.

6. Legal and Regulatory Overview

6.1 This policy is written in accordance with:

The Equality Act 2010 and the Public Sector Equality Duty (s.149 of the Equality Act 2010)
RSH Consumer Standards
Social Housing Act 2023
Disability Discrimination Act 2018
The Housing Ombudsman’s Service Complaints Handling Code
Financial Conduct Authority (FCA) requirements and in particular Principle 6 of the FCA Handbook

7. Definitions

7.1 mhs defines customers with disabilities or individual needs as: customers who may be currently unable to act independently and/or are unable to cope with managing their tenancy without additional support or service delivery variations.

7.2 Our definition reflects that individual needs can be changeable influenced by multiple factors and experiences such as age, disability, bereavement, mental health, domestic violence, poverty etc. The more common characteristics, events and factors we take into consideration when considering a customer’s individual needs are included at Appendix 1.

7.3 An individuals’ ability to act, engage or cope with everyday activities varies and so is an important factor in considering individual needs. For example, many older or disabled people are very independent and active and often do not need any additional assistance to sustain their tenancy and remain independent.

7.4 'Individual Needs’ are specific service delivery requirements that a person has due to their vulnerabilities. Section 8 provides examples of individual needs.

7.5 A reasonable adjustment is a legal term defined by the Equality Act 2010. Its purpose is to ensure all our services can be equally accessed by customers with disabilities, as well as those without.

7.6 A temporary reasonable adjustment may be required where a customer has specific needs for a limited amount of time. This might be as a result of an injury, bereavement, recent birth, cancer or other treatment, having a terminal diagnosis or other reason. Where this is required, the guide time will be a maximum of 12 weeks. The Individual Needs and Reasonable Adjustments Procedure gives further details on temporary needs and adjustments.

8. Identifying Disabilities and Individual Needs

8.1 We can become aware of a customer’s disabilities or individual needs (or needs within their household) where:

Information is provided on their Homechoice application
They tell us (self-identify)
Information is provided by an external organisation or a non-housing partner service, e.g., social care, a support provider or advocacy service.
Information/concerns are fed back to us by a member of staff or one of our contractors.
Concerns are raised by family or neighbours.

8.2 Staff delivering services to customers will receive training to recognise potential signs of individual needs.

8.3 Staff and contractors working for mhs should always be aware of the individual needs a customer may have, and that they may need support or assistance. This can be from their own observations or by using the information available to them from the customer’s records.

9. Recording Disabilities and Individual Needs

9.1 We'll record any known disability, or other individual need on our internal systems, including any communication or access needs and whether there’s anyone with delegated authority to speak to us on the customer’s behalf.

9.2 If a customer or household member is recorded as having a disability or other individual need, we’ll use this information wherever possible to deliver services that meet their individual needs and help them access appropriate support.

9.3 We will record this information in a way that is focussed on the delivery of services to the individual customer and household members. An example might be if a customer has a visual impairment we will record this and what this means for communication (e.g. large print required and size of font needed) and any other specific aspects of service delivery for that customer (e.g. they may require longer to answer the door).

9.4 We’ll review this data periodically with the customer to ensure its accurate and up to date.

9.5 Generally, we will record information on disabilities and individual needs given to us by our customers without requiring any evidence of the condition or situation described. In some circumstances, such as where we are supporting an application for aids and adaptations, or making significant changes to our service provision, we may require evidence, and this will be discussed with the customer and/or any identified representative.

10. Making Reasonable Adjustments and Responding to Individual Needs

10.1 Under the Equality Act 2010, we have a legal duty to make adjustments in the following three circumstances:

Where there’s a provision, criterion, or practice that puts people with disabilities at a substantial disadvantage in relation to a relevant matter in comparison with people who aren’t disabled.
Where a physical feature puts a person with a disability at a substantial disadvantage in comparison with people who are not disabled (Substantial disadvantage is defined in the Equality Act 2010 as ‘more than minor or trivial’).
Where a person with a disability would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in comparison with people who are not disabled.

10.2 A reasonable adjustment can be:

A physical alteration to one of our premises, for example, fitting a handrail, lift, wide doors, or a ramp, dealt with under our Aids and Adaptations Policy.
A change to one of our policies, procedures or services, for example; extra support provided to customers with mobility restrictions when a communal lift is out of service (such as taking refuse to bin areas), or minor repairs normally expected to be completed by a customer when they are physically unable do so and no-one in their household or wider family or support group is able to do so.
An adjustment to how we communicate with our customers to meet their specific needs. For example, providing information in alternative formats.

This list is not exhaustive.

10.3 We use the definition of a disability set out in the Equality Act 2010. This states a person is disabled if they have a physical or mental impairment, and the impairment has a substantial and long-term effect on their ability to carry out normal day-to-day activities.

10.4 Customers may ask for a reasonable adjustment in writing or verbally. This may be a specific request, i.e. I would like a handrail installed, or it can be a request for help with accessing services, i.e. I need help completing these forms.

10.5 We will make a record of reasonable adjustment requests and communicate with the customer how we will meet the request.

10.6 If we cannot meet the reasonable adjustment request, we will explain why and what we can offer as an alternative means of meeting the customer’s needs.

10.7 If a customer is dissatisfied with our response to their request, they are able to make a complaint, using our complaints policy.

10.8 Many of the adjustments to our services we offer can also be made available to our customers without disabilities. We will respond to these individual needs of our customers appropriately.

11. Communication

11.1 We expect colleagues and third-party contractors working on our behalf to adjust how they communicate with customers to meet their individual needs, where necessary. These may be reasonable adjustments or other required or requested individual needs. This can include:

Asking customers if they have a preferred method of communication and using this method.
Allowing more time to understand information and/or make decisions (where lawful to do so)
Providing information in alternative formats (e.g. large print)
Providing a sign language interpreter or translation of a document
Reading out letters or emails to customers
Calling ahead of attending for repairs or written communication being sent

11.2 We'll support our colleagues by encouraging them to take extra time or to be flexible when responding to customers with individual needs and provide appropriate training.

11.3 We'll inform customers of any support and adjustments available to them to meet their needs.

12. Information Sharing

12.1 An understanding of personal situations and individual needs and sharing of that information when appropriate, will allow us to provide a tailored service that meets any physical, cultural or other needs that customers may have.

12.2 When sharing information about customers, we’ll comply with our Privacy Notice | mhs homes

12.3 We'll communicate information about a customer’s individual needs to our contractors whenever necessary to ensure services are delivered appropriately.

12.4 We're permitted to share information with an appropriate agency where there are overriding and serious concerns about the risk to an individual’s health or personal safety. The law allows us to disclose information to, and request information from, relevant authorities where it works towards reducing crime and anti-social behaviour.

12.5 We'll respect the wishes of a customer at risk in relation to what information should be shared, and with whom, where possible.

12.6 Colleagues will always respect confidentiality and not share any information given in confidence unless justified by the assessed risk to the customer or required by law.

13. Stakeholder Insight and Engagement

13.1 Relevant staff including managers and frontline delivery have been consulted on this policy and its application within their service areas.

13.2 Customers have been consulted on this policy through a survey, focus group and individual interviews and submissions.

14. Training

14.1 Customer experience training is given to all staff to ensure they have a good understanding of good service delivery and how to recognise, record and adjust service delivery in relation to customers’ individual needs.

14.2 An annual programme of Equality Diversity and Inclusion training is delivered to all staff, including unconscious bias, discrimination awareness and legal responsibilities under the Equality Act 2010.

14.3 More in-depth training will be given to relevant staff and shared with contractors.

15. Assurance and Monitoring

15.1 Equality Impact Assessments will be conducted on all relevant policies, including this policy.

15.2 Internal audit will be used to give assurance that this policy’s requirements are being complied with.

15.3 We will use data, feedback and insights from complaints, Tenant Satisfaction Measures and other sources to verify that this policy is being complied with.