We recently made a request to our housing association to be re-housed due to health problems and my wife suffers with mobility issues. My wife's doctor also provided a supporting letter to the housing association to verify that there were health problems.

The housing association arranged for their own independent occupational therapist to assess my wife's mobility issues and to provide a report to the housing association. The housing association agreed that there was an urgent need to be re-housed although the property must have a number of major adaptions in place and the housing association has very limited stock of adapted properties and a very long wait is expected.

We could not understand why the assessment outcome was for all of these adaptions to be in place. The housing association provided me with a copy of the occupational therapist report and most of the information is inaccurate and way over the top.

I have complained to the housing association that the occupational therapist report is inaccurate which has resulted in us unlikely ever to be re-housed.

I have contacted the occupational therapist's firm to see why they have made so many errors on their report and they will not comment.

My legal question is that I wish to challenge the findings of the occupational therapist's assessment (which was organised by the housing association by their independent OT). Do I challenge the housing association who arranged the assessment or the occupational therapist's firm?

Thank you

Hi jazztheman

Are you absolutely sure the OT was independent and not an OT from the local council? (I only ask this as generally with HA if someone is requiring an OT Assessment it goes via the local council social work dept which has the OT Team that does the assessments)

Did you have an opportunity at the end of the OT assessment for them to explain what they say is needed/required and where you were happy with this and if not to simply say no don't want that?

If the OT was contracted by the HA then you have done the correct thing in complaining to them as you need to follow the HA complaints procedure. (if you have complained by phone only please put this in writing to the HA as you now need to keep a good paper trail)

Something I would also suggest is speaking to any consultants you may be under to ask them if they could do a letter for you for the HA more the better (HA yes will look at a GP letter but coming from a consultant has more weight behind it)

Also ask the HA when you write to them to provide you with a copy of there Policy on moving for Medical Needs.

Yes it was an independent OT firm used.

During the assessment a number of adaption's were recommended which we did not dispute because they seemed relatively minor at the time and maybe of benefit for future use. We did not realise the extent of the adaptions that had been recommended until we were provided with a copy of the assessment report. Most of the information is inaccurate and what was concerning is that the report states that my wife relies on a wheelchair all of the time, this is wrong she only uses a wheelchair for any long distances. This was discussed during the assessment and I cannot understand why the OT is stating this on her report.

I am now in the position I do not know who to direct my complaint to? The report is inaccurate and the OT firm are not interested, the HA are stating that they are going on the OT report and it is independent report and will not change their view on the matter.

Was the OT contracted by the HA or did the HA refer this to the Council and it was there OT that done the assessment?

Were you asked at the end of the OT assessment if you were happy with the recommendation or not, you should have been able to have input?

I presume the HA contracted the OT, the firm they used specialises in private independent assessments.

I don't believe the question was asked if we were happy with the recommendations, there were a number of recommendations that we were unaware of until we read the report which was several weeks after the assessment.

So what you actually need is clarification from the HA so I would:

Write and ask the HA for clarification on whether they contracted the Occupational Therapist to carry out this assessment and full contact detail of the company they were employed by.

(Had numerous OT Assessments over the yrs myself and at the end the OT has always discussed with me what there recommendations will be & why and if I am unhappy with something I will say no to that and OT will either agree or explain further the reason why and if something moveable just to try it and if unhappy they will take it away)

Sadly there is no quick fix to this so please Formal Complaint in writing to the Housing Association asking for what I previously said. (get as much medical evidence as possible even asking them to state if possible in any letters that xyz recommendation from OT not required but rest are or suitable for ground floor general needs property with xyz adaptions.

(Do not be afraid to ask any consultants you are under to support your application to move and what may be needed in a letter even if you have to tell them what is needed in the letter.)