Draft Mobility Scooter Policy
| Authors | Melanie Staunton |
|---|---|
| Date Authored | October 2024 |
| Date Adopted | - |
| Delegated Authority Approved By | Richard Tomkinson |
| Revision Date | - |
Contents
- Introduction
- Policy aims and objectives
- Scope and legislation
- Fire and health and safety risk
- Requesting permission to own a mobility scooter
- Storage and charging
- Responsibilities of residents
- Enforcement
- Maintenance and insurance
- Consultation and communication
- Monitoring and review
- Equality and diversity
- Right to review and appeals procedures
- Related documents
1. Introduction
1.1 Arun District Council's housing, wellbeing and communities service is committed to supporting residents' mobility needs, including the safe use and storage of mobility scooters in council-owned and managed properties.
1.2 This policy outlines the council's approach to ensuring that mobility scooters can be accommodated safely while protecting the health, safety, and wellbeing of all residents, visitors, and staff.
1.3 It applies to all tenants, leaseholders, shared owners, and visitors, ensuring a safe environment while accommodating the needs of those requiring mobility scooters.
1.4 The policy provides rules regarding the use, storage, and charging of mobility scooters in Arun District Council's housing properties and ensures that scooters are stored in designated areas in line with fire safety and health and safety regulations. Additionally, it offers guidance on permissions and responsibilities for mobility scooter users.
1.5 The policy will be communicated through the council's website and direct communication to residents. In buildings where mobility scooter use is permitted, additional information will be provided.
2. Policy aims and objectives
2.1 Arun District Council is committed to supporting residents' independence and quality of life, recognising that mobility scooters are essential for many residents.
2.2 This policy ensures the safe use of mobility scooters in council-owned and managed properties, balancing safety with accessibility while establishing clear guidelines for residents wishing to store and charge mobility scooters in communal or individual areas.
2.3 The policy aims to ensure that Arun District Council meets its statutory obligations under health and safety and fire safety legislation. The objectives include:
a) Ensuring that mobility scooters do not pose health and safety risks or obstruct communal areas, including fire escapes and exits.
b) Providing clear guidance for the safe use, storage, and charging of mobility scooters.
c) Requiring residents to obtain permission before purchasing or storing a mobility scooter.
d) Outlining resident responsibilities for the safe storage and use of scooters, including charging, maintenance, and insurance.
e) Addressing liability for any injuries or damages caused by mobility scooters.
2.4 Any complaints related to this policy will be handled in line with the council's standard complaints process.
3. Scope and legislation
3.1 This policy applies to all tenants, leaseholders, and users of mobility scooters in council-managed properties.
3.2 The policy complies with the following legislation:
a) Building Safety Act 2022
b) Equality Act 2010
c) Fire Safety (England) Regulations 2022
d) Fire Safety Act 2021
e) Health and Safety at Work Act 1974
f) Housing Act 1985 and 2004
g) Management of Health and Safety at Work Regulations 1999
h) Public Liability Act 1936
i) Regulatory Reform (Fire Safety) Order 2005 (FSO)
j) The Care Act 2014
k) Road Traffic Act 1988 (relevant for Class 3 scooters used on public roads)
3.3 In this policy, mobility scooter refers to Class 2 or 3 machines as defined under the Use of Invalid Carriages on Highways Regulations 1988.
3.4 Definitions: Mobility scooters fall into three classes under the Use of Invalid Carriages on Highways Regulations 1988:
a) Class 1: manual wheelchairs.
b) Class 2: machines used on pavements (up to 4 mph) that may cross roads or be used where no pavement is available.
c) Class 3: machines for both pavement (up to 4 mph) and road use (up to 8 mph), which must be registered with the DVLA for road use.
3.5 Arun District Council ensures compliance with the Equality Act 2010. Adjustments may be considered for specific groups, such as residents in age-restricted or independent living schemes, to accommodate different building designs or safety considerations while ensuring consistent safety across properties.
4. Fire and health and safety risk
4.1 Mobility scooters, when stored or charged in communal areas, present a significant fire hazard due to the potential release of toxic smoke and gases during a fire. Storing or charging scooters in such areas increases the fire load and may obstruct fire escape routes.
4.2 Fire risk assessments will be regularly conducted for all blocks with communal fire escapes. If mobility scooters are identified in these areas, the council will take action to ensure their immediate removal to designated areas or outside.
4.3 The council will regularly review the safety of mobility scooter storage and charging areas as part of fire risk assessments.
4.4 Escape routes must not be compromised by items that could become sources of ignition or create trip hazards. The charging of mobility scooters in communal areas is strictly prohibited.
4.5 Fire safety guidelines under S44.18 of the government's Purpose-Built Blocks of Flats Guidance stipulate that charging of mobility scooters should only take place in designated rooms, suitably fire-separated from the rest of the block.
4.6 Breaches of this policy related to fire safety will be addressed immediately, with potential enforcement actions, including the removal of scooters.
4.7 The council will ensure compliance with the following fire legislation frameworks:
4.7.1 The Regulatory Reform (Fire Safety) Order 2005: this legislation requires the responsible person (e.g., the council) to ensure the safety of the premises and the means of escape in case of fire.
4.7.2Fire Safety Act 2021: this act clarifies the responsibilities of building owners regarding fire safety in multi-occupied residential buildings, highlighting the need to manage fire risks effectively.
4.7.3 Local Fire Safety Regulations: the council will adhere to any local fire safety regulations or guidance issued by the local fire authority to further inform this policy.
4.7.4 Regulation Breaches: should a breach of fire safety regulations occur, which leads to a financial penalty imposed on Arun District Council as the landlord, the responsible resident may be liable to cover the cost of the fine if it is determined that their actions (such as improperly storing a scooter) directly contributed to the breach.
5. Requesting permission to own a mobility scooter
5.1 From the date this policy becomes effective, all tenants and residents must obtain written permission from Arun District Council before purchasing or storing a mobility scooter.
5.2 Residents must complete a request form, and assessments will be carried out by the council's neighbourhood services team and compliance team to determine the suitability of the request, based on available storage space and health and safety considerations.
5.3 Permission will be granted based on the availability of designated storage facilities. If no storage space is available at the current property, residents may be encouraged to move to an alternative property with suitable storage.
5.4 Tenants who owned a mobility scooter prior to the policy will be considered for retrospective permission. However, storage and usage limitations may still apply.
5.5 Permission is limited to one mobility scooter per resident, unless exceptional circumstances apply. Requests may be prioritised for residents who can provide evidence of eligibility for disability-related benefits or allowances, such as Disability Living Allowance (DLA) or Personal Independence Payment (PIP) and may require an Occupational Therapist (OT) assessment to support the need for an additional mobility scooter within the household.
5.6 In the event that a resident wishes to install their own mobility scooter storage unit or pod on council land, the request will be assessed based on safety, accessibility, space availability, and potential impact on communal areas. If approved, conditions may include:
5.6.1 Adhering to specific design and placement guidelines.
5.6.2 Ensuring the unit does not obstruct access or violate fire safety regulations.
5.6.3 The resident assuming responsibility for all associated costs, including purchasing, installing, and maintaining the unit.
5.6.4 The resident obtaining any additional permissions, such as planning permission, if required.
5.7 A register of permitted scooters will be maintained, and residents are required to provide annual confirmation of insurance coverage for their mobility scooter.
5.8 Residents must inform the council immediately of any changes in circumstances affecting their mobility scooter usage, including but not limited to changes in ownership, storage needs, or health conditions.
6. Storage and charging
6.1 The council reserves the right to review and revoke permission if a mobility scooter is found to be stored or used contrary to this policy or if it poses a risk to health and safety.
6.2 The council will provide information on available storage solutions and support options for residents needing assistance with mobility scooters. All requests will be handled in a timely manner to ensure residents can maintain their mobility and independence while adhering to safety protocols.
6.3 The council will endeavour to provide suitable storage spaces for mobility scooters in age-restricted blocks, although availability may be limited. Storage spaces will be allocated on a 1:4 ratio (one storage space for every four beds) where possible.
6.4 Personal balconies or communal areas are not to be used for storage without prior written permission from the council. Mobility scooters must be stored and charged in designated areas only. Charging in communal areas such as corridors, stairwells, or entrances is strictly prohibited.
6.5 A weekly charge may be applied for the use of council-provided charging points. Scooters may only be charged in designated charging areas; use of extension leads, or makeshift charging arrangements is not permitted in communal spaces.
6.6 Residents must ensure that mobility scooters are in good working order and comply with relevant safety standards prior to use. Residents must immediately remove mobility scooters that are no longer in use or required.
6.7 Any mobility scooter left in unauthorised areas may be subject to removal by the council after appropriate notice has been given.
6.8 In the event of any issues related to the storage or charging of mobility scooters, residents should report them to the council immediately to facilitate a prompt resolution.
7. Responsibilities of residents
7.1 Residents who use mobility scooters are responsible for:
7.1.1 Ensuring safe operation: safely operating the scooter, particularly in communal areas, to prevent accidents or injuries to themselves and others. This includes being aware of their surroundings, yielding to pedestrians, and maintaining a safe speed.
7.1.2 Proper storage and charging: storing and charging their scooter strictly in accordance with this policy, utilising designated storage and charging areas only. Residents must ensure that the storage area is clean and free from obstructions.
7.1.3 Maintenance and insurance: maintaining and insuring their mobility scooter, including regular safety checks to ensure it is in good working condition and does not pose a risk to others. Residents should retain receipts and records of maintenance and repairs.
7.1.4 Reporting hazards: reporting any damage or hazards caused by their scooter to the council immediately to ensure quick action can be taken to mitigate risks. This includes notifying the council of any malfunctioning equipment or unsafe conditions.
7.1.5 Compliance with tenancy terms: complying with the terms of their tenancy or lease, including any specific clauses related to mobility scooter use, and understanding that any breach may result in action being taken by the council.
7.1.6 Participation in training: residents are encouraged to attend training or informational sessions provided by external organisations specialising in mobility scooter use and safety. These sessions may cover topics such as best practices for manoeuvring in tight spaces, safe storage, and emergency procedures. Residents are advised to seek professional advice or training before hiring or purchasing a mobility scooter to ensure they understand safe usage and suitability for their needs.
7.1.7 Notification of circumstances changes: notifying the council of any changes in circumstances that may affect their ability to safely use or store a mobility scooter, such as changes in health status, mobility needs, or living arrangements.
7.1.8 Public liability insurance: ensuring that they have appropriate public liability insurance for their mobility scooter, particularly if it is used in communal areas or poses potential risks to other residents.
7.1.9 Cooperation with council staff: cooperating with council staff during inspections or assessments related to mobility scooter storage and usage to ensure compliance with this policy. This includes allowing access to storage areas when required.
7.1.10 Emergency procedures familiarisation: familiarising themselves with the emergency evacuation procedures specific to mobility scooter users in case of fire or other emergencies. Residents should know the fastest evacuation routes and any special considerations related to mobility aids.
7.1.11 Responsible parking: ensuring that the scooter is parked responsibly and does not obstruct pathways, fire exits, or access to other residents' homes. Residents should be aware of designated parking areas for scooters.
7.1.12 Respecting neighbours: being considerate of neighbours by minimising noise and disturbances caused by the mobility scooter, especially during early morning or late evening hours.
7.1.13 Regular policy review: reviewing this policy periodically and being proactive in understanding any updates or changes that may affect their rights and responsibilities regarding mobility scooter use.
8. Enforcement
8.1 Policy enforcement authority: Arun District Council reserves the right to enforce this policy as part of its tenancy agreements. This enforcement includes requiring tenants to remove any mobility scooters that are stored in communal areas or non-designated locations, as deemed necessary for safety and compliance.
8.2 Clear communal areas: the tenancy agreement explicitly stipulates that all communal areas must remain clear of obstructions. Any items, including mobility scooters, that pose a health and safety risk or obstruct access may be removed and disposed of by the council. In such cases, any associated costs will be charged to the resident responsible for the obstruction.
8.3 Withdrawal of permission: the council may withdraw permission to own or store a mobility scooter at any time if tenants fail to adhere to this policy. This includes repeated violations of storage or charging requirements and any actions that compromise safety in communal living environments.
8.4 Regular inspections: the council will conduct regular inspections to ensure compliance with this policy. These inspections will include reviewing storage and charging practices to identify potential hazards and ensure that all mobility scooters are stored in designated areas.
8.5 Notification of violations: residents found in violation of this policy will be notified in writing, outlining the specific nature of the violation and the necessary steps required to rectify the situation. Residents will have a designated period to comply with these requests.
8.6 Escalation procedures: if residents fail to comply with the requirements outlined in this policy after being notified of a violation, the council will review these breaches under its fire safety and tenancy agreement. The review will assess the risk and impact on communal safety. Depending on the severity of the breach, actions may include issuing formal warnings, restricting access or use of the mobility scooter, or, in critical cases, initiating legal action or eviction proceedings for breaching tenancy agreements. Ensuring adherence to fire safety measures is essential to protect all residents.
8.7 Incident reporting: residents are encouraged to report any observed violations of this policy to the council. Such reports will be treated confidentially and will assist the council in maintaining safety standards for all residents.
8.8 Appeal process: residents have the right to appeal any enforcement action taken against them regarding this policy. Appeals must be submitted in writing to the council within 14 days of a specified action or incident, and a review will be conducted by an impartial panel.
8.9 Compliance with legal frameworks: enforcement of this policy will be carried out in accordance with relevant legislation, including the Equality Act 2010 and the Health and Safety at Work Act 1974, ensuring that all actions are fair, transparent, and lawful.
8.10 Review of policy effectiveness: the council will periodically review the effectiveness of this policy to ensure it meets safety standards and addresses the needs of residents. Any necessary amendments will be communicated to residents in accordance with communication needs.
9. Maintenance and insurance
9.1 Resident responsibilities: residents are responsible for ensuring that their mobility scooters are well-maintained and in good working condition. This includes regular checks of brakes, lights, batteries, and overall functionality to ensure safe operation.
9.2 Annual maintenance checks: the council will conduct annual Portable Appliance Tests (PAT) on all mobility scooters stored on council premises. If a scooter fails a PAT test, it must be repaired or replaced before it can be used or stored on council property.
9.3 Insurance requirements: mobility scooter owners must obtain adequate insurance coverage, including but not limited to:
a) Theft: protection against loss or damage from theft.
b) Damage: coverage for any damage to the scooter itself.
c) Liability: coverage for any injuries caused to third parties or damage to property because of using the scooter.
Residents are advised to regularly review their insurance policies to ensure they have adequate coverage, particularly after any modifications to the scooter or changes in personal circumstances. Proof of insurance must be submitted to the council annually. Failure to provide valid proof may result in the revocation of permission to store or use the mobility scooter.
9.4 Damage to council property: any damage caused to council property by a mobility scooter will be recovered through the owner's insurance. Residents are responsible for reporting any incidents that result in damage immediately to the council.
9.5 Reporting maintenance issues: residents must promptly report any maintenance issues or concerns regarding their mobility scooters to the council. This includes mechanical problems, battery failures, or any other issues that may affect the safe use of the scooter.
9.6 Safe storage requirements: residents must ensure that mobility scooters are stored in designated areas and kept clear of any hazards. This includes ensuring that the scooter does not obstruct fire exits, corridors, or communal areas.
9.7 Training and safety information: the council will provide information and resources on safe operating practices and maintenance tips for mobility scooter users. Residents are encouraged to participate in any training sessions offered to enhance their understanding of safe usage.
9.8 Legal compliance: residents must ensure that their mobility scooters comply with all relevant legislation, including the Use of Invalid Carriages on Highways Regulations 1988 and any other applicable local regulations.
10. Consultation and communication
10.1 Guidance and support: the council is committed to providing residents with clear and comprehensive guidance on the safe use, storage, and charging of mobility scooters. Designated housing officers will be available to assist residents with any mobility scooter-related enquiries, ensuring that each resident has access to the information necessary for their safe and responsible use of scooters.
10.2 Resident engagement: the development of this policy has involved consultations with residents living in age-restricted blocks and known mobility scooter users. Feedback from these consultations has shaped the policy to better meet the needs and concerns of residents.
10.3 Communication channels: This policy will be communicated through various channels to ensure all residents are informed, including:
a) Council website: the policy and related resources will be accessible on the council's website.
b) Arun @ Home: our resident newsletter will contain information and implications relating to this policy.
c) Information sessions: The council may organise information sessions or workshops in community spaces to provide residents with an opportunity to ask questions and discuss their concerns regarding mobility scooter use.
10.4 Supplementary information: in buildings where mobility scooter use is permitted, additional information will be provided to residents, including:
a) Visual aids: posters or flyers summarising key aspects of the policy, safety guidelines, and designated storage areas.
b) FAQs: a frequently asked questions section to address common concerns and clarify responsibilities.
10.5 Ongoing feedback mechanism: the council encourages residents to provide ongoing feedback regarding this policy and its implementation. Suggestions and concerns can be submitted to designated housing officers or through the council's official communication channels.
10.6 Policy review: the council will periodically review this policy, taking into account resident feedback, changes in legislation, and advancements in mobility scooter technology. Residents will be informed of any significant changes to the policy.
10.7 Accessibility considerations: the council is committed to ensuring that all communications regarding this policy are accessible to all residents. This includes providing materials in different formats (e.g., large print, Braille) upon request and ensuring information is clear and easy to understand.
11. Monitoring and review
11.1 Policy review frequency: this policy will be reviewed every three years to ensure ongoing compliance with current legislation, best practices, and the evolving needs of residents. Reviews may occur more frequently if significant changes in legislation or operational practices arise.
11.2 Monitoring mobility scooter use: the council will maintain a record of the number of mobility scooters in use across its properties. This monitoring will include:
a) Inventory management: keeping an updated inventory of all registered mobility scooters and their corresponding residents.
b) Regular inspections: conducting regular inspections to ensure that mobility scooters are stored and charged in designated areas, in compliance with the policy guidelines.
11.3 Compliance checks: the council will verify that all mobility scooters are properly maintained, serviced, and insured according to the requirements outlined in this policy. This will include:
a) Maintenance records: reviewing maintenance records for each mobility scooter to ensure compliance with safety standards.
b) Insurance verification: conducting annual checks of insurance documentation provided by residents to confirm adequate coverage for theft, damage, and liability.
11.4 Feedback and improvement: the council will seek feedback from residents regarding their experiences and any issues related to mobility scooter use. This feedback will inform future policy adjustments and improvements.
11.5 Policy amendments: should the review process identify any necessary amendments to this policy, residents will be notified and changes will be communicated effectively.
12. Equality and diversity
12.1 Equality Impact Assessment (EIA): An Equality Impact Assessment (EIA) has been conducted for this policy to ensure compliance with the council's duties under the Equality Act 2010. The EIA evaluates potential impacts on various protected characteristics, including age, disability, gender, race, religion or belief, sexual orientation, and socio-economic status.
12.2 Commitment to equality and accessibility: This policy is designed to support equality of mobility scooter access and usage for all residents that require them, ensuring that individuals with mobility challenges can utilise mobility scooters safely and effectively. The council is committed to:
a) Inclusive practices: providing clear guidance and resources to all residents, regardless of their background or abilities, to facilitate the safe use, storage, and charging of mobility scooters.
b) Engagement with diverse communities: actively engaging with residents from diverse backgrounds to understand their needs and concerns related to mobility scooter use, ensuring that feedback is integrated into policy development and implementation.
12.3 Safety and wellbeing: while promoting equality of access, this policy also prioritises the safety and wellbeing of the wider community. Measures will be taken to ensure that:
a) Health and safety standards: all mobility scooters are maintained in good working condition and stored in designated areas to minimise risks and ensure compliance with health and safety regulations.
b) Community awareness: residents are educated about the importance of safe mobility scooter usage, including awareness of shared spaces and the need to keep communal areas clear of obstructions.
12.4 Review and adaptation: the council will regularly review this policy to ensure it continues to meet the needs of a diverse community and aligns with evolving legislation. The policy will be adaptable to accommodate changing demographics and resident requirements.
13. Right to review and appeals procedures
13.1 Notification of refusal: if a resident's request to use or store a mobility scooter is refused or withdrawn, they will receive written notification detailing the grounds for refusal. This notification will include relevant policy references and any specific reasons for the decision.
13.2 Request for review: residents who wish to contest the decision may request a review by submitting a written request to the neighbourhood service manager within 14 days of receiving the refusal notification. The request should include:
a) Details of the original request.
b) Reasons for disputing the decision.
c) Any supporting documentation or evidence.
13.3 Review process: the review will be conducted by the neighbourhood service manager or a designated representative. The outcome of the review will be communicated to the resident in writing within 28 days of receiving the review request. The communication will outline the rationale for the decision, considering any additional information provided by the resident.
13.4 Appeal process: if the decision from the review is upheld, residents may appeal to the group head of housing, wellbeing and communities within 14 days of the review outcome. The appeal process will include:
a) A written submission outlining the basis of the appeal.
b) A review of the original decision and the previous review process.
13.5 Final decision: the decision made by the group head of housing, wellbeing and communities will be final. Residents will be notified in writing of the outcome of their appeal.
13.6 Support for residents: throughout the review and appeal process, residents are encouraged to seek support from their designated housing officer or a designated advocacy service to assist in preparing their submissions and navigating the process.
14. Related documents
14.1 Policy integration: This Mobility Scooter Policy should be read in conjunction with the following documents to ensure a comprehensive understanding of related procedures and regulations:
a) Council Tenancy Agreement: outlines the rights and responsibilities of residents, including clauses relevant to the use of mobility scooters.
b) Aids & Adaptations Policy: provides information on modifications and support available for residents with disabilities, including considerations for mobility scooter use.
c) Health and Safety Guidelines: encompasses general health and safety protocols that relate to the storage, charging, and use of mobility scooters in communal living environments.
d) Equality and Diversity Policy: ensures that the provisions for mobility scooter use align with the council's commitment to equality and accessibility for all residents.
e) Insurance and Liability Guidelines: outlines the necessary insurance requirements and liability considerations related to mobility scooters.
14.2 Additional resources: residents may also refer to the following documents for further assistance:
a) Resident handbook: contains useful information on living in council properties, including mobility aids and support services.
b) Complaints procedure: details the steps residents can take to raise concerns or grievances related to this policy or any other issues they may encounter.
c) Fire Safety Policy: outlines the importance of maintaining clear access routes and fire safety compliance within the community. Residents are encouraged to familiarise themselves with this policy to ensure a safe living environment.
14.3 Contact information: For further clarification on any of the related documents, residents are encouraged to contact their designated housing officer or the council's customer service team for assistance.