Asking on behalf of a friend who is a secure tenant in a housing association property in the West Midlands. She has a progressive condition affecting her mobility and requested adaptations to the bathroom (level access shower, grab rails) back in February. The HA acknowledged the request and said they would arrange an occupational therapy assessment, but nothing has happened since.
She has chased by phone three times and by letter once. Each time she is told it is “in the system” and someone will be in touch. No timescale given. She is not currently on benefits and I am not sure whether that is relevant to the assessment process or not.
My understanding is that the HA has obligations under the Equality Act 2010 to make reasonable adjustments, and that a Disabled Facilities Grant may be available through the local council regardless of tenure. But I am unclear on a few things:
- Does the DFG application go through the HA or can my friend apply directly to the council?
- Is there a formal complaints route that carries any weight, or is the Housing Ombudsman the only real escalation option?
- Can she instruct and pay for the work herself if the HA continues to do nothing, or does she need their permission as landlord?
Any thoughts from people who have dealt with this. Thanks all.
The housing association has a duty under the Equality Act 2010 to make reasonable adjustments for tenants with disabilities and that includes physical adaptations to the property where necessary. A progressive mobility condition would almost certainly meet the threshold. The key question is whether the adaptations requested are considered reasonable in scope and cost. Things like grab rails, a level access shower, or a ramp are standard and most housing associations have a budget line for them. Larger works like widening doorways or installing a stairlift may require a Disabled Facilities Grant from the local authority, and the housing association should be helping your friend apply for one rather than simply refusing. I would advise your friend to request the refusal in writing with the specific reasons given. If the HA will not put it in writing that itself is a red flag and worth noting. The next step would be a formal complaint through the HA’s internal complaints procedure, and if that goes nowhere, the Housing Ombudsman. Did the HA give any reason at all for refusing, or was it just a verbal no?
Thank you @WatchfulWendy62, that is very helpful and confirms what I suspected about the Equality Act angle.
To answer your question, the HA did give a reason but it was vague. They said the property was “not suitable for major adaptation” and that my friend should consider a transfer to a more suitable property instead. No written refusal, just a phone call. The adaptations requested were relatively modest, a level access shower in place of the existing bath and grab rails in the hallway and bathroom. We are not talking about structural changes.
The transfer suggestion is problematic because my friend has been in this property for twelve years, her children attend local schools, and the HA’s available stock with ground floor access is in a completely different part of the city. It feels like the path of least resistance for them rather than a genuine solution.
I will advise her to request the refusal in writing as you suggest, and to start the formal complaints process. The Disabled Facilities Grant route is worth exploring too. I had assumed that was only for owner-occupiers but if housing association tenants can apply that changes things. Any thoughts on typical timescales for DFG applications?
The vague refusal is actually useful because it makes the formal complaint much easier to frame. Your friend should write to the housing association asking for three things. First, a copy of their written policy on adaptations and reasonable adjustments. They are required to have one. Second, written confirmation of the specific reasons the adaptation was refused, not just a vague reference to budgets but the actual assessment that was carried out. Third, details of their formal complaints procedure including timescales. If the HA does not respond within a reasonable period, typically 10 working days for an acknowledgement and 8 weeks for a final response, your friend can escalate directly to the Housing Ombudsman without waiting for the internal process to conclude. The Ombudsman has been taking a much harder line on adaptation refusals in the past two years, particularly where the Equality Act duty has not been properly considered. Did your friend’s GP or occupational therapist provide a supporting letter when the original request was made? If not, getting one now would strengthen the complaint significantly.