Ask the experts

Q I have for many years been unable to drive because I have a trapped nerve which causes loss of feeling in my left hand. A driving instructor/examiner said I was not safe to drive because I was unable to do an emergency stop or control the steering-wheel. I also have other impairments, and find it difficult to use foot pedals or gears. I have access to work funding for a driver but would love to be independent. I tried power-steering automatic cars but there was too much pain in my neck and shoulders.
Beryl Savage, King’s Lynn, Norfolk

Ed Passant: I note that a driving instructor/ examiner advised that you were not safe to drive but I am not sure how recently this was or whether this individual was trained to assess disabled people or aware of the full range of adaptations now available. Control systems can be positioned to maximise comfort and regulated to allow use with the minimum of physical effort. Obviously, individual circumstances will vary but, because of improvements in technology, it is increasingly the case that people are unable to drive because of vision or cognitive difficulties, rather than inability to operate control systems. I think you should contact your local Mobility Centre for a full assessment of your needs. They will also advise on licensing matters and the requirement to notify the DVLA, who ultimately make the decision on fitness to drive. Ring the Forum of Mobility Centres national advice line on (freephone) 0800 559 3636 or via www.mobility-centres.org.uk

Q I have a battery-powered NHS wheelchair. I have a bus pass and was in Caerphilly today. The Stagecoach bus driver said I need to supply them with the weight of the wheelchair. I saw a notice in the bus that states the maximum weight is 300kg. It used to be 400kg. There is no way myself and the wheelchair are 300kg or 400kg. They just do not want to get their ramps out. Now I have to get proof of the weight of my wheelchair in writing or they won’t let me on their buses. What next? I am not a huge bloke. I am thin. No way is my wheelchair that weight.
Stephen Lewis, Caerphilly, South Wales

Eleanor Williams: First of all, Stagecoach is not allowed to give you less favourable treatment than it would give to someone else, just because you are disabled. That would be discrimination. The Stagecoach website states that its new buses are designed to be fully accessible to disabled people. So we can assume Stagecoach knows the law and its obligations under the government’s Public Service Vehicles Accessibility Regulations standards. However, Stagecoach may have convincing reasons for changing the weight limit. You need to find out what those reasons are. They may be afraid of health and safety implications. Those implications may not be well founded, though. The Practical Guide for Buses and Scheduled Coaches, by the Disability Rights Commission, reported that government research in 2006 found “a limited number of bus companies which permit scooters to travel on their buses after they have been assessed as being able to fit safely into the wheelchair space. The owners of such scooters are issued with a form of accreditation confirming that they can use the bus, which they can show to the driver when boarding.” So there seem to be legitimate space, but not weight, implications. But even space implications can be overcome. Again, a letter to Stagecoach would clarify their reasons. Perhaps you could also give them the make and model number of your electric wheelchair and ask them to issue you with a form of accreditation. They can then assess its suitability.

Q My housing association had agreed to, and partially completed, work to adapt my flat, which had been approved by an occupational therapist (OT). The housing association was then taken over. I expected the work to continue but it has stopped. The new housing association wanted documentary evidence that it was approved and when I provided it, they said they lost it. They also brought in another OT, who suggested that different adaptations are carried out, which I believe would not suit my needs. Do I have any rights to insist that the original work is finished? Also, the new association requires an OT assessment for the most minor work, such as lowering a door handle. Are they within their rights?
Claudia

Kate Sheehan: Your case is very complicated, as my initial thought would be to ask for a copy of the correspondence with your occupational therapist and the previous housing association, which should have been ample evidence of the work being agreed. However, when asking for further clarification of your situation, it would appear that two occupational therapists have come up with two different options. If the OT and housing association disagree with your self-assessment of need, I recommend that you ask for a second opinion from an independent OT. The following web site will help you find an independent therapist: www.otip.co.uk. For minor works, Housing Corporation best practice guidance indicates very clearly that certain adaptations should be fast-tracked through the general maintenance programme. It would be my opinion that this is a reasonable request and does not need an OT to assess for it. I would therefore ask the housing association again if they would carry out this small piece of work within the spirit of the above guidance.