Policy and publications

1. Contents 
2. Introduction 
3. Policy Statement 
4. RBKC HM Position on Mobility Scooters 
5. Mobility Vehicles 
6. Provisions of a Scooter Store 
7. Resident Responsibilities 
8. Implementation 
9. Legal and Regulatory Context 
10. Related Documents 
11. GDPR & Data Protection 
12. Equalities Statement
13. Compliance, Monitoring & Review 
14. Appendices

2.1 This policy sets out the Royal Borough of Kensington and Chelsea Housing Management (RBKC HM) position on the use of mobility scooters (or any other similar motorised battery-operated vehicle) on its estates and properties.

2.2 The storage of scooters in communal areas is a risk that has been identified within our fire risk assessments and estate inspections. This document sets out how we intend to manage this risk.

3.1 RBKC HM recognises its statutory responsibilities and is committed to achieving and maintaining the highest standards of fire safety within its residential stock to ensure the health and safety of all its residents, employees, contracted representatives and other visitors.

3.2 RBKC HM recognise the importance of maintaining internal communal areas – in particular the lobbies, walkways, staircases etc, that form part of the designated escape route, free of obstructions that could potentially increase fire loading, impede access or egress or present a trip hazard and obstruct evacuation in the event of a fire or emergency. The requirement to keep common areas clear is also reflected with tenancy agreements and lease agreements. In addition, we have a legal duty to reduce the risks as far as is reasonably practicable.

3.3 RBKC HM recognise that the safe use of mobility scooters enables its residents to maintain and increase their independence, positively impacting their quality of life.

3.4 Whilst RBKC HM appreciates the role that mobility scooters can play in maintaining independence for residents who need to use them, it also has a duty to consider the health and safety of all building users.

4.1 The housing stock managed by RBKC HM was designed and constructed before mobility scooters and similar motorised vehicles were introduced.

4.2 In discharging this duty, RBKC HM has to consider and do all that is reasonable to mitigate the risks to residents from the use, storage or charging of mobility scooters within communal areas and also within dwellings where their presence is known. These risks include, but are not limited to:

• Obstruction of communal areas (means of escape), and access / egress at all times. If mobility scooters are stored on escape routes and are involved in a fire, there is a potential that escape routes will become blocked and residents could be placed at significant risk in the event of a fire.
• Increased fire loading risk – especially during charging or due to poor maintenance. Mobility scooters are generally constructed around a steel frame, with plastic fairings, rubber tyres, foam seats, wiring and batteries. They are often retro fitted with vehicle registration number plates, waterproof covers and storage bags.
• Arson
• Damage to fixtures and fittings when they are used in buildings without adequate turning circles and for which their use was not designed.

4.3 In view of the risks, RBKC HM will not permit mobility scooters or similar motorised vehicles to be stored or charged in any of the communal parts of the buildings it manages.

4.4 Residents are encouraged to take suitable precautions when storing or charging mobility scooters (including batteries) within their property. They should avoid charging or storing in any part of their property that may affect their means of escape.
 

5.1 Before purchasing a mobility scooter, residents should ensure it can fit within the property and in an area that does not affect any escape route by checking the scooter’s specifications. For any advice on obtaining a scooter, please contact RBKC Housing Management.

5.2 Residents that use a mobility scooter are encouraged to notify RBKC HM, so that we are made aware in cases of emergency/evacuation.

5.3 Where RBKC HM becomes aware of a mobility scooter being stored or charged in communal areas, arrangements will be made to have it removed and stored for 28 days before being disposed. This is due to the increased fire risk, health and safety risks and obstruction hazards posed. This is in accordance with the Communal Areas and Private Balcony Storage Policy. RBKC is not liable for any costs incurred from loss or damage of items.

5.4 RBKC HM will attempt to make contact with residents who have left their mobility scooter in a communal area before it is removed. We will act swiftly to remove the scooter due to the serious fire hazard whether we have been able to make contact with the resident or not.

5.5 Where this action is taken, RBKC HM reserves the right to recharge the tenant or leaseholder for any of the associated costs.

5.6 Where individuals use such vehicles, and they are stored and charged entirely within the confines of their own home and this is not brought to the attention of RBKC HM, it will be at the residents own risk. The risks posed are not only for the resident but the entire block, if there is a fire.

5.7 Where RBKC HM are made aware of a resident storing a scooter within their property, a person-centred risk assessment will be undertaken to ensure that the resident has the capacity to be alerted to, and to respond to a fire incident, and that there are adequate fire protection measures, and that their means of escape is not compromised.

5.8 Where alternative options are considered for residents’ mobility scooters where the current storage arrangements are unsuitable and pose a potential fire risk, RBKC HM will consider gifting smaller 4mph mobility scooters in cases where residents currently have a larger scooter that cannot be stored in their home.

Residents can contact (or self-refer to) the Neighbourhood Team, where they will be referred to the scheme. This scheme excludes leaseholders. Please see Appendix 1 for the Mobility Scooter Gifted Criteria.

5.9 In exceptional circumstances where there are no suitable locations for a scooter store or a resident is not physically able to access the scooter store (e.g. unable to walk to the location) and storing in their flat is also not possible, it may be necessary to consider rehousing the resident to more suitable accommodation. This will be assessed on a case-by-case basis.

6.1 Where all other alternative options have been considered, a scooter store will then be considered. This is the least available option for residents, due to the shortage of space available.

6.2 In exceptional circumstances, RBKC Housing Management may consider the provision of a scooter store, upon request. Requests will be assessed on a case-by-case basis. Approval will be based on the combination of identified need for the scooter and a suitable location being available, and the cost of supplying and installation.

The requirements in relation to the location are that it:

• Is easily accessible by the user.
• Does not create a hazard by its location.
• Can be provided with a suitable power supply.
• Is in a relatively secure environment.
• If located in an internal area, it should be fitted with automatic fire detection which should be monitored.
• Is subject to appropriate Resident Association consultation, where possible.

6.3 Where a scooter store is installed within a tenant’s own grounds, (e.g. within their garden), the store will generally be connected to the resident’s own domestic supply.

6.4 Unless purchased directly by the end user, the scooter store remains the property of RBKC HM. Once the end user no longer requires the use of a store, it may be reallocated to another user.

6.5 To ensure scooter stores remain in good condition, they will be subject to EICR (Electrical Installation Condition Report) inspection on a 5 yearly basis by a competent person. In addition, stores will also be subject to regular visual inspection by a Caretaker as part of their communal area checks, for signs of disrepair.

7.1 It is important that tenants familiarise themselves with the RBKC Tenancy Agreement and leaseholders with their lease agreement on mobility scooters and communal areas.

Excerpt from tenancy agreement

5.6 Common Parts and Areas
The tenant will keep the common parts adjacent to the premises clean, free from obstruction or flammable material and tidy at all times

7.2 Residents must not store, park or charge their mobility scooter in communal areas.

7.3 Residents are required to park e-scooters appropriately in designated parking places. They should not be stored, parked or left in communal areas.

7.4 Residents who purchase e-scooters should be aware that it is not appropriate to take these devices into lifts, as there are recognised fire hazards associated with these scooters which would create an unacceptable risk within a lift.

7.5 If a resident decides to purchase an e-scooter, they are responsible for its safety, including safety whilst charging within their home. The Council advises residents to avoid these types of transport due to the hazard that they present and advise residents to use public hire e-scooters, should they wish to travel in this way (again for which residents are responsible for ensuring all relevant highway laws are adhered to).
 

8.1 RBKC HM Estate Services Teams have responsibility for regular inspections of all communal areas which will include routine checks of all areas in and around scooter stores in line with the provisions in this policy.

8.2 The Neighbourhood Management Teams will have responsibility for contacting individual owners of mobility scooters stored or left in RBKC HM communal areas (where possible), as well as any enforcement action that may be required.

8.3 Risk assessments will be undertaken by Health & Safety with the assistance of Neighbourhood and Fire Safety teams, where required.

8.4 RBKC HM will ensure it takes reasonable steps to assess the capacity of those that may be impacted by any enforcement action. This will include a referral to Adult Social Care services.

9.1 This policy will ensure full compliance with relevant legislation, regulatory requirements and best practice to health and safety regarding the use of mobility scooters.

9.2 This policy adheres to the following legislation and guidance:

• Regulatory Reform (Fire Safety) Order 2005
• Equality Act 2010
• Management of Health and Safety at Work Regulations 1999

Information and guidance on mobility scooters is also noted within other publications such as:

• BS EN 12184:2014.
• Fire Safety in Purpose Built Flats Guide (published by Home Office).
• NFCC Specialised Housing Guidance
• NFCC Mobility Scooter Guidance
• Care Quality Commission (CQC) Fire Safety Information and Guidance Note 422.
   

• Communal Areas and Private Balcony Storage Policy
• RBKC HM Fire Safety Policy
• RBKC Tenancy Agreement

As a directorate of RBKC, Housing Management shares the commitment to ensure that all data is:

• processed lawfully, fairly and in a transparent manner
• collected for a specific and legitimate purpose and not used for anything other than this stated purpose, or as provided for in our privacy and fair processing notices
• relevant and limited to whatever the requirements are for which the data is processed
• accurate, and where necessary, kept up to date. Any identified inaccuracies will be amended or removed without undue delay
• stored for as long as required, as specified within RBKC’s Records Retention policy
• secured with appropriate solutions, which protect the data against unauthorised or unlawful processing and accidental loss, destruction or damage.
• For further information about the Council’s commitment to the General Data Protection Regulations (GDPR), visit the Council’s website at webtest.rbkc.gov.uk.

The Council is committed to promoting fair and equal access to services and equal opportunities in employment, the procurement of goods and as a community leader. The Council’s policies, procedures and day to day practices have been established to promote an environment which is free from unlawful and unfair discrimination, while valuing the diversity of all people.

Discrimination on the grounds of race, nationality, ethnic origin, religion or belief, gender, marital status, sexuality, disability and age is not acceptable: the Council will take action to ensure no person using the council’s premises or services receives less favourable treatment or is disadvantaged by requirements or conditions that cannot be justified. The Council will tackle inequality, treat all people with dignity and respect and continue to work to improve services for all service users.

The legal framework for the Council’s approach is provided by the Equality Act 2010 and specifically by the Public Sector Equality Duty, under which a public authority must work consciously to eliminate discrimination, harassment, victimisation and to advance equality of opportunity and foster good relations between people with differing characteristics.

Further detail on the Duty and the Council’s approach to fulfilling its requirements can be found at webtest.rbkc.gov.uk.

13.1 The overall responsibility for the approval of this policy sits with the Housing Management Directorate.

13.2 The Head of Health, Safety & Resilience will be responsible for reviewing this policy.

13.3 This policy will be reviewed every 3 years, or when legislative or regulatory changes take place that could affect it. The next review will take place by: January 2026.
 

Appendix 1: Mobility Scooter Gifted Criteria

The process and criteria for gifting smaller scooters in these cases is as follows:

1. A combined risk and needs assessment has been carried out by the Housing Management Health and Safety and Neighbourhood Management teams.

2. The assessment identifies there is no alternative pre-existing safe storage and charging provision for the residents existing large scooter (e.g. mobility scooter storage sheds etc).

3. The building/block/estate and residents property are fully accessible or – with reasonable and technically possible adaptations – can be made fully accessible for the smaller/4mph mobility scooter.

4. The provision of the 4mph scooter will eliminate/minimise the risks of residents existing personal mobility scooters being stored and/or charged in the common areas and parts of RBKC council housing stock.

5. The 4mph scooter is appropriate for and meets the needs of the resident concerned (e.g. the tenant is within the scooter weight capacity of 130kg (20st), the tenant has capacity to safely use the scooter and to store/charge the scooter insider their home etc).

6. The resident agrees to store and charge the scooter inside their property.

7. The resident understands that Housing Management will cover the cost of purchasing the scooter and annual servicing for the first year only.

8. The scooter purchase cost and first years planned servicing and maintenance plus any associated adaptations will be covered through the Housing Management Adaptations budget.

9. After the first year, the resident agrees and takes responsibility for any general repairs or other maintenance costs associated with their continued use of the scooter.