Renfrewshire Council is facing a legal challenge over how it plans to allocate new accessible homes being built as part of the Howwood Road regeneration in Johnstone.

Govan Law Centre (GLC) has lodged a petition for judicial review on behalf of a disabled woman. It argues that the council's decision indirectly discriminates against disabled people, contrary to the Equality Act 2010 and the Human Rights Act 1998.

What's being built

The council has said the regeneration will provide a mix of homes: two- to five-bedroom houses, one- and two-bedroom cottage flats and a small number of bungalows. Each home will have its own garden, and many will be wheelchair accessible.

What the challenge is about

Under the council's usual allocation policy, applicants with the highest level of assessed disability and mobility need, known as "Priority A+ (Critical Need Plus)", would be considered for accessible homes. According to the petition, the council set that policy aside for the Howwood Road development and is instead allocating the new homes to tenants displaced by the regeneration, regardless of their accessibility needs.

The petitioner says she was told for years that the council had no bungalows available to let, before learning that new level-access homes were being built in Johnstone.

Her legal team argues the decision leaves her at a disadvantage by making her ineligible, or a lower priority, for a ground-floor, level-access home in the new development. They also say the council should have made reasonable adjustments to make sure the accessible homes went to those who need them most.

A judge at the Court of Session will first decide whether the case should be allowed to proceed to a full hearing.

The petitioner is represented by GLC solicitor advocate Mike Dailly, with GLC partner Rachel Moon, head of Govanhill Law Centre, as instructing solicitor. Drummond Miller LLP are acting as Edinburgh agents.

The council's response

Renfrewshire Council said it is aware of the petition and will defend it, stating that it "misrepresents the council's approach to this matter".

A council spokesperson said the homes are being allocated to people with the same level of need as the petitioner, but whose current homes are due to be demolished as part of the regeneration programme, meaning they have a higher need at this time.

Sources