Q:
Do parent's have legal rights if a local authority's Occupational Therapy (OT) team is refusing to assess for a Disabled Facilities Grant (DFG), or if their assessment and report-gathering process appears inadequate or unauthentic?
We were. referred to Local Authority Lifelong OT services for a home assessment to look at ways to improve child's psychological and physical barriers to eating within her home environment which are profound and require specialist intervention from hospital specialists. Child has not had a home assessment to explore what adaptations could be made, just a referal for early support, NHS OT therapy block and a specialist chair and commode. What steps can I take to ensure Lifelong service conduct a lawful and adequate home assessment for a disabled facilities grant?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 19 Dec 2024
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Yes
Simple
Yes.
Just so we are clear, applying for a Disabled Facilities Grant (DFG) for a child involves several steps:
- Contact the Local Council: Begin by reaching out to the local authority to request the application forms and guidance.
- Assessment: An occupational therapist (OT) or trained assessor will visit the home to evaluate the child's needs and determine appropriate adaptations.
- Application Submission: Complete the application form, ensuring all required documentation is included. Notably, applications for disabled children under 19 are not means-tested, so parental income and savings are not considered.
- Approval and Funding: Upon approval, the grant can cover various adaptations, such as installing ramps, widening doors, or modifying bathrooms, up to a maximum amount (e.g., £30,000 in England).
Local authorities are legally required to provide a decision to a DFG application within six months from the date of submission. Once approved, the work should typically be completed within 12 months.
An application cannot be ignored, regardless of the reason; doing so would be unlawful. If someone is dissatisfied with an application, and after seeking a review of the decision, they can use the LA’s formal complaints procedure. Once this is exhausted, they may seek assistance from the Local Government and Social Care Ombudsman (LGSCO). Judicial review is an alternative, but the services of a law firm specialising in this area are strongly advisable.
Housing and social care law can be complex. Anyone experiencing difficulties is strongly advised to, at least, seek assistance from an experienced disability advocate when in dispute with the LA.
There is also an excellent free resource that may be useful:
Disabled Children: A Legal Handbook 3rd edition
Additionally, some of needs highlighted in the question could possibly be brought before the First-tier Tribunal (FtT) in an extended appeal. For more information, see the following from the Noddy Guide:
I hope this is helpful and best wishes.
Sean Kennedy
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