Help get permission for Conrad to own a therapy dog in Bellamont Gardens

 

 

Help get permission for Conrad to own a therapy dog in Bellamont Gardens

 

 

 

We are requesting that the Body Corporate review their policy of "no animals" at Bellamont Gardens. This is an infringement on the rights of the disabled who may be in need of a seeing, hearing, service or therapy dog.

 

 

https://fbcdn-sphotos-c-a.akamaihd.net/hphotos-ak-frc3/t1.0-9/10154411_10152362739409602_1317517985_n.jpgConrad is a seven year old boy with Autism. His Mom applied for permission to get a therapy dog, provided by South African Guide Dogs, from the body corporate for her son who has extreme anxiety and frequent meltdowns (a common problem with people on the Autism Spectrum). Her request was denied for these reasons:

 

  • The rules state that “Under no circumstances may tenants keep cats or dogs”. This rule is logged in the Rule Book at the property management offices and differs from the Conduct Rule book handed out to tenants AFTER they move into the complex which states that “BELLAMONT has a no pet’s policy. Should exceptional, mitigating circumstances exist, application may be made to the Trustees for consideration”. The rule book logged in at the Property Management office also goes onto say in paragraph 25.5 that “No owner shall allow any domestic pets to enter the Private Conservation Zone, and any dog passing through this area to the beach must only be permitted to do so on a leash. No owner shall allow pets within the Residential Area to harm or disturb wild animals or birds that enter it.
  • They are duty bound to act in the interest of all owners and feel that even if they were entitled to use their discretion and grant permission to a tenant to keep a dog for therapeutic reasons this would set a precedent that would lead to a number of “therapeutic dogs” being allowed into the complex and Bellamont Gardens, being set in Private Conservation Area, is not a pet friendly complex.
  • That the trustees do not have the power to circumvent this rule which takes precedence over any other “house rules” that may have been made over the years.

 

In response to this reply from the body corporate I, Conrad's mother, would like to reply:

  • The rule book was logged in 1996 and their have been many changes since then. One of them being the availability in South Africa of Therapy dogs which forms a valid instrument in the well being of a child with autism. This has been proved in many studies. The rule book contradicts itself, not only with the different rules in the different books handed out to tenants and the one logged in at the management office but with the conflicting rules of paragraph 6 and paragraph 25.5
  • Therapy dogs are highly trained and this is done at a huge cost. If such person is in need of a trained therapy dog the Training Centre would be making double sure that said person qualifies for a therapy dog and is capable of keeping the animal before handing the canine over to the family. The fact that the board of trustees states that it would set a precedent for future requests for “therapeutic dogs” implies to me that if any person with a disability, bearing in mind that dogs are used for disabilities such as loss of sight and hearing, wheelchair bound individuals and children with ASD, applies to rent or buy a unit in Bellamont Gardens that they will be denied due to their no animal policy and therefore infringing on their rights as stated in the constitution.
  • With regards to the statement “That the trustees do not have the power to circumvent this rule which takes precedence over any other “house rules” that may have been made over the years. It states in Paragraph 1 of the Conduct Rules logged by the property management that “The rules contained in this schedule shall not be added to, amended or repealed except by special resolution of the members of the Body Corporate in accordance with the act’.
  • Bellamont Gardens is just one complex housed within the said Private Conservation area. The conservation area runs alongside the entire Bellamont Road where there are many freestanding homes and complexes, most of which have cats and dogs. The Private conservation area does not belong exclusively to the Body Corporate of Bellamont Gardens.

 

As a voice for Conrad and all other people with disabilities I ask you to sign this petition requesting the Body Corporate to review their policy concerning “no animals” as this is infringing on the rights of the disabled who may be in need of the additional help of a seeing, hearing, service or therapy dog.

I am asking the Body Corporate of Bellamont Gardens to rethink the request of not allowing my son to have a Autism Assistance dog. The Autism Assistance dog is not a pet but a working animal with an important role to play within families having a special needs child.

Note: Along with the request for a therapy dog, included was information from Guide Dogs South Arica, a motivating letter from Conrad’s psychologist and information highlighting the benefits of a therapy dog for children on the Autism Spectrum, what Autism is and the co existing conditions.

 

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https://farm4.staticflickr.com/3848/14520037129_614894cdaa_m.jpg

 

Attaching the full story: -source The Sunday Tribune.

"AS THE MOTHER of seven-year-old Conrad, Shelley Ann Foot knows how much extra work is needed in caring for an autistic child.
As part of her commitment to Conrad, Foot has given up her work as a reflexology therapist to ensure the well-being of her son. In fact, she has recently been diagnosed with an anxiety disorder.
Foot is renting a duplex at Bellamont Gardens in Umdloti, which has a back garden. With her husband often away due to work commitments, Foot and Conrad are often home alone.
Always on the lookout for new forms of therapies to help Conrad cope with autism, Foot learnt that the South African Guide Dogs Association is training dogs that could help Conrad counter the impact of autism, which is characterised by difficulty in social interactions and communication.
But when she approached Bellamont Gardens’ board of trustees, via her landlord, about Conrad using a therapeutic dog at her home, she was refused.
Unhappy with the decision, Foot approached the Equality Court.
In her affidavit submitted to the court, she described the rejection as being discriminatory as it marginalised her child, who suffers from a serious disability.
She also raised the issue that, while the trustees cited the rule from the sectional title conduct rules as their reason for rejecting her appeal, this was contradicted by the Code of Conduct handbook for Bellamont Gardens.
That particular clause reads: “Bellamont has no pet policy. Should exceptional, mitigating circumstances exist, application may be made to the trustees for consideration.”
Foot claims she had been reliably informed that the trustees never conducted a meeting to consider her request, as prescribed in the handbook.
“As a tenant who pays for the use and enjoyment of the rental property, I am fully entitled to be treated with the same dignity and respect as owners of apartments and (to enjoy) the benefits offered at the complex,” said Foot.
She has also offered to fence off the garden so that a dog could be contained there, but even that wasn’t enough to sway the opinion of the trustees.
“They (the trustees) have not taken into account the wellbeing and health of Conrad, therefore infringing on his constitutional rights, and it’s unfair discrimination on the grounds of disability,” she alleged.
The aggrieved mother is puzzled by the fact that many residents, including a trustee of the body corporate, have been allowed to keep cats on their premises.
“I have found the conduct of the trustees to be frustrating and traumatising,” she said.
Foot is not keen on the idea of moving as it would have an impact on her son.
“For autistic children, routine is important as they don’t deal well with change. Conrad has a daily routine that is designed to keep him calm; his anxiety levels are raised in unfamiliar circumstances,” she said.
The potential for her son having a “meltdown” is Foot’s biggest concern, as Conrad has, in the past, harmed himself during a tantrum.
Foot became interested in using dogs as part of her son’s treatment when she learnt that guide dogs help to bring down a child’s anxiety levels, prevent meltdowns and prevent them from wandering.
Foot has made an application to the South African Guide Dogs Association and has been placed on a waiting list, and will be subjected to an interview by the organisation.
In written correspondence, Maxine Gedie of the South African Guide Dogs Association, said: “Autism assist dogs are trained to help autistic children in a variety of ways. The dog is controlled on a lead by the parent… and also wears a harness that the child holds.”
Hillary Douglas of North Coast Property Management company, which tends to the daily affairs of the complex, confirmed a responding affidavit would be filed by tomorrow’s deadline. "

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http://m.timeslive.co.za/thetimes/?articleId=12164546

A Kwazulu-Natal mother has turned to the Durban Equality Court in a bid to be allowed to keep a specially trained dog to calm her autistic son.

Shelley Foot has hauled the Bellamont Gardens board of trustees and body corporate, and North Coast Property Management, to court, claiming unfair discrimination after she was barred from keeping a dog at the Umdloti Beach property she rents.

In her affidavit, Foot said her seven-year-old son, Conrad, had autism spectrum disorder.

She said he suffered from anxiety and had difficulty concentrating.

"Conrad requires constant attention. He goes through episodes of high anxiety, to the point at which he suffers a severe meltdown," she said.

Foot said the SA Guide Dogs Association for the Blind trained dogs to lower a child's anxiety.

She said that to keep such a dog on the premises she rented in the complex she needed the permission of the body corporate and of the trustees.

In her application to the body corporate and trustees, Foot undertook to pay for a fence to restrict the dog to her home The request was denied on May 5.

The rules of the complex forbid the keeping of pets.

Foot said she could not move to a complex that allowed pets because such a change in environment would be traumatic for her son.

Responding papers are expected this week.

North Coast Property Management said the trustees did not have the authority to make an exception to the no-pets rule; only the complex's owners could do that.

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Excerpts from The Constitution of South Africa relevant to the above.

Equality

(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.

(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.


28. Children

(1) Every child has the right -

to a name and a nationality from birth;

(b) to family care or parental care, or to appropriate alternative care when removed from the family environment;

(c) to basic nutrition, shelter, basic health care services and social services;

(d) to be protected from maltreatment, neglect, abuse or degradation;

(e) to be protected from exploitative labour practices;

(f) not to be required or permitted to perform work or provide services that -

(i) are inappropriate for a person of that child’s age; or

(ii) place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;

(g) not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be -

(i) kept separately from detained persons over the age of 18 years; and

(ii) treated in a manner, and kept in conditions, that take account of the child’s age;

(h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and

(i) not to be used directly in armed conflict, and to be protected in times of armed conflict.

(2) A child’s best interests are of paramount importance in every matter concerning the child.

(3) In this section “child” means a person under the age of 18 years.

 

 

Ashley Morris

https://scontent-a-ams.xx.fbcdn.net/hphotos-ash3/t1.0-9/1150875_10152165562330550_1691302205_n.jpg

PLEASE SIGN AND FORWARD ON TO AS MANY SO WE CAN BE THE VOICE FOR MY NEPHEW CONRAD OR AS I CALL HIM MY SMOOTH MR RADDY RADDY...

How Pet Therapy Can Help Autism

Animal-assisted therapy may increase self-confidence and other skills in children with autism.

 

Medically reviewed by Pat F. Bass III, MD, MPH

Man’s best friend can truly be your child’s best friend, according to some studies on the interaction between pets and autistic children.

Many parents are surprised to see the connection between their autistic child and animals. You might see it happening spontaneously — just when you are wondering how to help improve your child's communication and social skills, you notice that he acts playful, happier, and more focused when around a friend's pet. Or perhaps you have heard about the profound impact animals can have on some children with autism from another parent. Whatever prompts you, it may be time to introduce your autistic child to the wide world of animals.

Animal-Assisted Therapy for Autism

Being around household pets or having structured contact with animals can be a great addition to treatment for tchildren with autism. There are many reports from both parents and clinicians that interacting with animals, formally called animal-assisted therapy, can offer both physical and emotional benefits to children with autism.

Animal-assisted therapy can be as simple as bringing a family pet into the household or as structured as programs that offer horseback riding or swimming with dolphins. Interaction with animals can help children with autism become more physically developed and improve their strength, coordination, and physical abilities. More importantly, many people derive much joy from their relationship with animals, which can help autistic children have a better sense of well-being and more self-confidence.

Animals can be amazing for children with autism, says Colleen Dolnick, a mother in Town and Country, Mo., who has a 10-year-old son with autism. "Animals can relate to these children. And these children, who have a hard time relating to peers, can really relate to animals."

Animals and Autism: What the Research Says

While more research is still needed to determine the effects and confirm the benefits of animal-assisted therapy specifically for children with autism, a number of studies have suggested it could help. In the 1970s, psychologist and researcher David Nathanson began studying how interactions with dolphins affected children with disabilities. Nathanson found that being around dolphins could increase a child's attention, enhance their thinking, help them learn faster, and retain information longer.

More recently, a study published in the Western Journal of Nursing Research looked at the effects of interacting with dogs on children with autism spectrim disorders. For the study, children were exposed to a ball, a stuffed dog, or a live dog under the supervision of a therapist. The children who played with the live dog were in a better mood and more aware of their surroundings than the children who were exposed to the ball or stuffed dog.

Trying Animal-Assisted Therapy With Your Autistic Child

If you are ready to make the commitment of bringing a pet into your home, you may want to consider a service dog that has been specially trained to work with children with autism. These dogs can be wonderful additions to families of autistic children and can even accompany children when they are away from home, such as at school, helping to keep them calm and comforted. For more information, contact an organization such as Austism Service Dogs of America.

Pets quickly become a treasured member of the family, offering love and companionship. And for the family that includes a child with autism, the rewards can be even greater.