Denied an OT assessment is this disablity discrimination ?

frank1978

Hello everyone I need advice on whether my nephew has been discriminated against under the Equalities Act 2010 by his local council.

My nephew suffers from autism, which causes meltdowns (anger outbursts) and self-harm in relation to sensory overload from noises.
His support worker contacted the council's adult and social care team to request an occupational therapy assessment to establish if soundproofing could help reduce noise and provide a safe space to go when needed. All adaptations carried out in this council area if you are a tenant there are free and do not require an application for a disabled facilites grant. An OT called back from the council today and explained that because his needs arise from a sensory disability and not a physical one, the funding policy does not cover soundproofing or sensory issues.

I'm understanding that autistic people are protected under the Autism Act and the Equality Act 2010 from discrimination against their disability, regardless of whether it is physical or not.

Could anyone provide any insight as to whether this is true or if the Council has the legal right to decline an OT assessment?

A big thank you in advance to anyone who can help shed light on this situation.

marcia_

 Your Council policy is not discriminatory, they can decide what criteria you need to meet for funding. 

 Why not apply for a DFG where the criteria is set by government. 

frank1978

marcia_ said:

 Your Council policy is not discriminatory, they can decide what criteria you need to meet for funding. 

 Why not apply for a DFG where the criteria is set by government. 

We need to request an occupational therapy assessment first before we can apply for these grants. The request for an OT assessment has been denied because he has a sensory disablity and not a physical one.

I also don't understand how different councils can have different policies. On who qualifies for funding because of what disability a person has. As this would surely be direct discrimination under the EQ Act 2010, You can't treat someone good and someone bad because they have different conditions. That's why the EQ 2010 was brought in, so all disabled people are treated exactly the same.

marcia_

 An occupational therapy assessment for sensory needs is fundamentally different to one for physical needs. The therapist needs additional qualifications. Its quite likely they don't gave anyone qualified to assess. 

 My local authority didn't for years but paid 1 therapist to do the course so we now have 1 qualified worker for the whole city. 

frank1978

marcia_ said:

 An occupational therapy assessment for sensory needs is fundamentally different to one for physical needs. The therapist needs additional qualifications. Its quite likely they don't gave anyone qualified to assess. 

 My local authority didn't for years but paid 1 therapist to do the course so we now have 1 qualified worker for the whole city. 

Ah right thanks for the insight

Newcad

I'm not clear on just what is being asked here?

Is this about his home, or is it about his workplace as 'occupational' suggests (the asumption there being that he is working at the council)?

marcia_

Newcad said:

I'm not clear on just what is being asked here?

Is this about his home, or is it about his workplace as 'occupational' suggests (the asumption there being that he is working at the council)?

 An occupational therapy assessment asses living needs including work or education 

poppy12345

Newcad said:

Is this about his home, or is it about his workplace as 'occupational' suggests (the asumption there being that he is working at the council)?

It's about the home and sound proofing. An Occupational Therapist also assesses people in their home for needs assessments and not just the work place.

gwynlas

We often read on these posts how difficult it is to reduce noise pollution from surrounding properties and how retro fitting sound insulation appears to make an  insignificant difference. You do not say what type of property your nephew lives in but would he better suited in say a semi detached property rather than a flat in which case he could perhaps bid for a move on medical grounds?

MouldyOldDough

frank1978 said:

Hello everyone I need advice on whether my nephew has been discriminated against under the Equalities Act 2010 by his local council.

My nephew suffers from autism, which causes meltdowns (anger outbursts) and self-harm in relation to sensory overload from noises.
His support worker contacted the council's adult and social care team to request an occupational therapy assessment to establish if soundproofing could help reduce noise and provide a safe space to go when needed. All adaptations carried out in this council area if you are a tenant there are free and do not require an application for a disabled facilites grant. An OT called back from the council today and explained that because his needs arise from a sensory disability and not a physical one, the funding policy does not cover soundproofing or sensory issues.

I'm understanding that autistic people are protected under the Autism Act and the Equality Act 2010 from discrimination against their disability, regardless of whether it is physical or not.

Could anyone provide any insight as to whether this is true or if the Council has the legal right to decline an OT assessment?

A big thank you in advance to anyone who can help shed light on this situation.

Has your nephew had a "Care Act Assessment" ?

"The assessment: MUST be provided to all people who appear to need care and support, regardless of their finances or whether the local authority thinks their needs will be eligible. must be of the adult's needs and how they impact on their wellbeing, and the outcomes they want to achieve."

This then opens the door to other assessments  (OT) and financial assistance

elsien

frank1978 said:

marcia_ said:

 Your Council policy is not discriminatory, they can decide what criteria you need to meet for funding. 

 Why not apply for a DFG where the criteria is set by government. 

We need to request an occupational therapy assessment first before we can apply for these grants. The request for an OT assessment has been denied because he has a sensory disablity and not a physical one.

I also don't understand how different councils can have different policies. On who qualifies for funding because of what disability a person has. As this would surely be direct discrimination under the EQ Act 2010, You can't treat someone good and someone bad because they have different conditions. That's why the EQ 2010 was brought in, so all disabled people are treated exactly the same.

Is there a team which can carry out a sensory assessment? Does he have any learning disability alongside his autism?
Where I am this would go to either speech and language or the learning disability team rather than a generic OT to assess sensory needs.
And there would be a very long waiting list.