The client is a mother of two children and requires the use of a wheelchair. She resides in temporary accommodation provided in pursuant of a council’s main housing duty. The property is located out of borough.

The property is not adapted for her wheelchair use and she cannot get upstairs to her children’s bedrooms without assistance. The property is however suitable in the short to medium term as it has a wheelchair accessible bedroom and bathroom downstairs.

The client was given homeless priority points on the housing register but was not able to bid on wheelchair adapted properties. The local authority operates a direct offer list for wheelchair adapted properties. The allocations policy says that to get on the direct offer list the local authority will carry out a health and wellbeing assessment which includes an occupation therapist ‘OT’ assessment.

We requested the client be placed on their direct offer list for a wheelchair adapted property and that an OT assessment be conducted.

The local authority stated their OT service do not travel out of borough and that our client should contact the local authority where she is placed for a minor adaption grant.

We explained they are misapplying their policy, and asked again that they conduct and OT assessment and place her on the waiting list for a wheelchair adapted property.

They didn’t respond to this request so we sent a pre-action letter challenging:

1. the failure to respond to our requests
2. the unlawful misapplication of their policy
3. The unlawful fettering of discretion in applying a blanket policy stating they do not travel out of borough

The pre-action letter was successful, and the local authority agreed to carry out a health and well being assessment. The client has now been placed on the direct offer list for a wheelchair adapted property.

The client was represented by Thea Grattidge in the housing team.