Amy was born with quadriplegic cerebral palsy and is a wheelchair user. She is hearing and speech impaired, doubly incontinent and has dysphagia requiring alternative forms of feeding (PEG). She has a learning difficulty and is unable to verbally communicate. As a result of her complex needs, she requires 24-hour support, hoist transfers, and the assistance of two carers for all personal care and daily living.
Amy lived in a two-bedroom ground floor flat with her mother, stepfather, and two twin sisters. Since 2005, the flat had not been adequate enough for Amy to manage her disabilities.
Due to the cramped living conditions, only one side of Amy’s bed was accessible, presenting a manual handling risk. There was also insufficient space in the bedroom for Amy to use the floor to carry out her stretching programme. Amy was also unable to access the kitchen because the door was too narrow for her wheelchair.
“The bathroom was not big enough to dress and undress Amy. She had to be transported on her shower chair from the bathroom to her bedroom to have her personal care carried out.”
Amy’s parents instructed the Disability Law Service in April 2014. They sought our help in their challenge against their Local Authority to provide Amy with suitable accommodation.
“Amy’s disability equipment had to be returned to the hospital because there was no space in the property for the equipment to be kept, which affected her ability to mobilise.”
Background
Amy’s parents were told that they had to wait 7 to 12 years for accommodation. They were also stopped from bidding for a larger property, despite medical reports and supporting letters advising on the unsuitability of property for Amy’s needs.
Amy’s parents instructed us in April 2014 for help in challenging the Local Authority to provide Amy with suitable accommodation. After a phone consultation, we were able to arrange a home visit to take instructions and to meet Amy.
After our home visit, we began applications for funding to cover reports that proved that Amy’s property was not suitable.
We applied for funding from the Legal Aid Agency to have an Occupational Therapist carry out an assessment. We also applied for funding to have Counsel provide advice and assistance. In summary, both reports from Counsel and the Occupational Therapist confirmed that the property was not suitable for Amy.
The reports supported statements from Amy’s parents regarding the difficulties Amy and the family faced on a daily basis.
However, the Local Authority still refused to take any action. Nevertheless, we continued in challenging the Local Authority by relying on the relevant law, guidance, medical and expert reports.
In less than two years, we managed to resolve the 10 year fight with the Local Authority. As a result, we were successful in securing a three-bedroom property suitable for Amy. This new property has enough space for Amy to carry out daily tasks and store her medical equipment.
“The service was simply the best. Better than any help we as a family could have expected. We were kept informed throughout the case and could not have managed this alone. We cannot thank the team enough.”
Lauren, Amy’s mother
