Denied an OT assessment is this disablity discrimination ?

MalMonroe

Hi, further to what Mouldy Old Dough has said above, here's a link to how to get a Care Needs Assessment.

https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/getting-a-needs-assessment/

I know you say that your request has been denied by the council but the link says that your local NHS service, Citizens Advice or a charity might be able to help you apply for a needs assessment. Do you think you may have more chance of success if that were the case? Or even if your nephew's GP were to get involved?  

The information in the link also says that the needs assessment is free and anyone can ask for one. It seems as if the OT from your council just couldn't be bothered to even try because the list of things on the government website seem to suggest that your nephew could benefit from having an assessment. The link doesn't say anything about OTs assessing potential clients before they've even seen them. Which has happened in your case.

It might be worth pushing for an assessment, otherwise I think the council should explain exactly why the OT is reluctant to even attempt an assessment. 

I do hope that your nephew will be able to get some help soon. 

elsien

MalMonroe said:

Hi, further to what Mouldy Old Dough has said above, here's a link to how to get a Care Needs Assessment.

https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/getting-a-needs-assessment/

I know you say that your request has been denied by the council but the link says that your local NHS service, Citizens Advice or a charity might be able to help you apply for a needs assessment. Do you think you may have more chance of success if that were the case? Or even if your nephew's GP were to get involved?  

The information in the link also says that the needs assessment is free and anyone can ask for one. It seems as if the OT from your council just couldn't be bothered to even try because the list of things on the government website seem to suggest that your nephew could benefit from having an assessment. The link doesn't say anything about OTs assessing potential clients before they've even seen them. Which has happened in your case.

It might be worth pushing for an assessment, otherwise I think the council should explain exactly why the OT is reluctant to even attempt an assessment. 

I do hope that your nephew will be able to get some help soon. 

The OP says their nephew has a support worker which could mean they have already had a needs assessment.
If so they need to look at what that says, and then ask for a review if there are gaps. 
However the disabled facilities grant, which is likely to be what the OP is referring to, is via a slightly different mechanism. 

The OP might want to check the guidance to see if there are any grounds to challenge with regards to sensory vs physical needs.
Disabled Facilities Grant (DFG) delivery: Guidance for local authorities in England - GOV.UK (www.gov.uk)


It includes a link to the relevant legislation and the purposes for which it can be used. I've only skim read but I can't see anything about sensory needs in there. It does seem to be more around access and physical needs. 
Housing Grants, Construction and Regeneration Act 1996 (legislation.gov.uk)

ETA - I've just reread your post and you say that the adaptations are outside of the DFG. If it is a local council policy then I would suggest that the starting point is to request a copy of the policy to see exactly what is says.