An advice blog for housing and healthcare professionals by Kate Sheehan, Occupational Therapist

It is important as professionals, working in the private and public housing sector, that we keep up to date on new Court rulings to understand funding for care for our clients. For example, a recent Court ruling confirms that funds held in a Personal Injury Trust are to be disregarded when assessing the capital resources of a person applying to their local authority for statutory funding for care needs.

Court Ruling

This judgement, R (on the application of CGT) v West Sussex County Council [2026] EWHC 293 (Admin) held that the defendant local authority was unlawful in its decision to deny funding to a seriously injured claimant, on the grounds that his monies were subject to a means test, despite the claimant having held the funds in a Personal Injury Trust.

In detail, West Sussex County Council had refused to fund the claimant’s care from 6 July 2024 and required repayment of £271,253.44 in respect of care costs paid between July 2020 and July 2024. The client was awarded £3.5 million by the Criminal Injuries Compensation Authority on the condition it be paid into a discretionary trust, which he was the sole beneficiary.

His Honour Judge Auerbach set out four grounds:

1. The defendant acted unlawfully because its decision was contrary to the express terms of para.15 of sch.2 of the Care and Support (Charging and Assessment of Resources) Regulations 2014/2672, and to the Guidance.
2. The defendant did not provide adequate or intelligible reasons for its decision.
3. The defendant wrongly took into account the 2012 Criminal Injuries Compensation Authority (CICA) undertakings, despite them not being binding on the claimant’s father (SGT), and despite the Court Of Protection having refused the defendant’s request to amend the terms of his appointment.
4. The defendant has failed, as required by the 2014 Act, to carry out a needs assessment and provide a written record of it.

The Court examined each argument presented and ultimately reached a clear conclusion determining that Schedule 2 of the Care and Support Act together with the Care and Support Statutory Guidance (currently under review), allows for the disregard of capital held in a Personal Injury Trust when calculating capital for the purposes of a Local Authority’s financial assessment. This finding applies regardless of whether damages have been specifically awarded for future care costs.

What does this mean for those of us working in the home adaptations field where there is a Personal Injury Trust?

The Court’s statement ‘allows for the disregard of capital held in a Personal Injury Trust when calculating capital for the purposes of a Local Authority’s financial assessment’ would indicate that the funds in the trust cannot be used in the means testing for a Disabled Facilities Grant (DFG).

As practitioners within the private sector, we have a duty to discuss with our clients, their deputies and/or solicitors the statutory funding available and if it is appropriate to make a request for funding under the DFG purposes if the required adaptations are necessary and appropriate. The reality is that often the waiting lists for DFG funding can be long which can impact our client’s ability to reach their goals. A direct referral to the Local Authority Housing Department is possible, although in District Councils they still have a duty to consult social services.

Essential reading

Disabled Facilities Grant (DFG) delivery: Guidance for Local Authorities in England. Pages 29 and 68 of this guidance outlines the best way forward which is clear, effective communication and collaboration between all parties involved.

To discuss this more, join the next ‘Ask the Expert’ day held by Adaptation Design on the first Thursday of the month: Call 020 8492 1617 or email info@adaptationdesign.co.uk to book your slot and receive expert, practical advice.

An insightful blog by Kate Sheehan, consultant Occupational Therapist

When viewing potential properties for a client, the most crucial aspect is gaining a true understanding of their needs. This involves asking pertinent questions, observing the client’s abilities, discussing the wider family unit, and considering what makes a property suitable for them. However, at the heart of this process is the skill of listening.

Listening is an essential skill. By creating space for someone to share their thoughts, we enable them to open up and genuinely communicate how they feel about their lives, as well as how their home environment supports or hinders their day-to-day life.

As part of my role with Adaptation Design, I recently visited a family to assess their temporary rental housing needs whilst their permanent home was being adapted and extended for their long-term requirements. During my visit, I engaged with the client by sitting on the floor, playing and laughing together. This interaction helped the client’s mother to open up about her family’s needs.

When working with children we absolutely must listen and understand the whole family’s needs. This client does not live in isolation but is a son, a brother and part of a wider extended family. The family’s culture and religious beliefs also influence how they use their home, factors which must be considered when searching for any rental property.

After spending time with the client, his parents, and carers, we went on to view, two potential properties, both within walking distance of their current home.  However, my assessment did not start at the point of visiting the properties, I had already reviewed all the estate agent photographs, downloaded accurate plans from the local planning portal, and used Google Earth to examine the properties’ positions, parking, and proximity to essential amenities.

What we see when visiting a house and what our clients see are two different things.  They are seeking a home. I am looking for an accessible property requiring minimal adaptation work, which can be turned into a home for that temporary period.

The first property was a family home being rented out whilst they were working abroad.  It was full of the family’s belongings, had been cherished and lived in and clearly held a lot of memories.  The property had huge potential to meet the client and his family’s needs but it did require some significant work and most critically the installation of a through floor lift and a suitable bath. The lift position was complicated due to different roof heights and the master bathroom had the most ornate bath situated on a plinth.

The second property we visited, had been vacant for a considerable time and the landlord had agreed for any work necessary to be carried out.  The family loved it as it had the most gorgeous gardens, with mature oak trees and space for their son to be outside. On paper, the property seemed promising, but the reality was quite different.  It had been extended poorly with tight turns into bedrooms, doorways of only 680mm widths and hallways of less than 800mm   Every room on the first floor had restricted ceiling height resulting in restriction on where a lift could be sited.  The only potential lift option would have required the garage to be converted into a room and for the position of all utilities (including gas, electric and water) to have be re-sited, at significant expense.  

When discussing the limitations of potential properties with parents, I find that taking their child’s wheelchair there with you can be the clearest way of highlighting that the environment just will not work well as they can physically see the difficulties they will encounter on a day-to-day basis.

Whilst we did not find a suitable property that day, we remain confident that we will through Adaptation Design’s Property Finding Services. Our goal is to secure an accessible temporary home for our client, whilst the forever home is adapted to meet their own specific needs along with those of the wider family.

By Kate Sheehan, Consultant Occupational Therapist

At Adaptation Design, we specialise in identifying key features and  locating properties that meet the unique needs of our clients. The concept of accessibility extends well beyond entryways but also supports daily living, enables meaningful activities and enhances overall wellbeing

When searching for potential rental or purchase properties that meets specific accessibility needs, we focus on a range of essential features.

Location and Environment

Proximity to essential facilities is vital. Is the property close to a school, workplace or preferred GP surgery? Can carers reach it easily, including by public transport if needed? We also consider the local terrain; a hilly area might restrict mobility and impede opportunities for community engagement.

Access Into the Property

We assess whether the driveway and approach are level, with surfaces suitable for wheelchairs or mobility aids. Adequate parking is important for a wheelchair accessible vehicle (WAV), family, visitors and care teams. The entrance should allow for smooth, safe access without barriers.

Circulation Space

Good circulation space is key for accessible homes. We check hallway widths, door sizes and whether there is enough room for turning into rooms. For properties with more than one floor, we assess if a lift could be installed to provide full access.

Room Sizes and Layout

Rooms must be spacious enough for care teams, therapy activities and specialist equipment, while remaining practical for everyday use. The position of key rooms, such as bathrooms and bedrooms can make a significant difference to accessibility.

Flooring

Hard flooring can make moving wheelchairs and essential equipment easier. While flooring changes can often be negotiated with landlords, the existing floor surface still plays a role in assessing suitability.

Ceiling Heights

If ceiling track hoists are needed, ceiling height is crucial for safe manual handling and preventing injury to both clients and carers.

Outdoor Space and Access

Being able to enjoy outdoor space is important for both health and happiness. When reviewing a property, we consider whether the garden is level enough for everyday use and how easily the client can get to it from indoors.

Equipment Requirements

We check there is enough space to accommodate the safe storage and use of specialist equipment, ensuring it does not obstruct movement or limit the functionality of living areas

The process of finding a property must keep the client, their family and their carers at the centre. Even for a temporary home, the right accessible property creates a strong foundation for rehabilitation, enabling progress and the achievement of new milestones. For those providing care and support, it helps remove many of the physical and emotional barriers of daily life, making care safer, more manageable and allowing more time to focus on what matters most.

If you require any further advice about accessible homes or appropriate housing design adaptations, ask our experts by messaging us here

Available the first Thursday of every month

Whether you’re planning to adapt your home following an injury, or your needs are changing over time, it can be difficult to know where to start. Our team of inclusive designers and our housing occupational therapists, Tess Whitehead and Kate Sheehan, are here to help.

Free Expert Guidance for Homeowners 

Book a free video consultation for practical, personalised advice on:

• Adaptation ideas and feasibility
• Assessing alteration and extension options for potential new homes
• Understanding what’s possible – from conservation area limitations to permitted development opportunities

You’ll leave your session with clear, realistic next steps for your home adaptation journey.

Expert Support for Professionals

If you’re a housing occupational therapist, case manager, Deputy or other professional seeking an experienced second opinion before advising a client, these online sessions are available to assist.

Our consultations are ideal when you need additional expert input on complex home adaptation matters, such as:

• Are we likely to be granted permission to build the extension we require?
• What are the fall back adaptation options if we cannot extend?
• What specialist surveys should we obtain before completing a purchase?
• Is our budget realistic for the extent of adaptation the property requires?
• Could the house be occupied whilst building works are ongoing or will we need a temporary rental?

Gain clarity and confidence before making recommendations to your clients.  Or feel free to book a video session and attend this alongside them.

Book Your Free Consultation

Free consultations take place on the first Thursday of every month, commencing on Thursday 13^th November 2025.

Call 020 8492 1617 or email info@adaptationdesign.co.uk to book your slot and receive expert, practical advice

“Transitioning from House to Home”: the CPD conference and exhibition. 24th Sept 2025. 
The Riding School, Hatfield House, Hertfordshire. 

Attended by numerous Case Managers, Occupational Therapists, Court of Protection and Litigation Solicitors, this event provided an engaging day of CPD learning, networking and growth. The agenda included a series of seminars from eminent speakers such as Kate Sheehan OT FRCOT FUoW who spoke on ‘The Meaning of Home’ through to the ‘Role of the Case Manager in housing’ by Kay Taylor. These educational presentations were enhanced by accessible equipment and service displays and opportunities to gather with industry peers over lunch. To add to these rewarding and memorable experiences, Hatfield House kindly agreed to open up the stately home so delegates could be given guided tours around the beautiful and historic Hatfield House. 

Victoria Ramm, independent case manager from VLR Health, was thoroughly impressed with the event:

“Today has been really, really informative as I discovered enhanced ways of working with Occupational Therapists and Housing Specialists. Also speaking to the exhibitors has been really useful in finding out what’s on the market and the difference it can make”.

Fellow attendee and Case Manager Terri Jenner added:

“I’ve had a fantastic day today with loads of fascinating talks. I’ve learned lots, especially about the importance of engaging with the correct professionals when looking for accessible properties for clients. So, I’ll be taking a lot away from today. And the added bonus of the tour of Hatfield House was exceptional”.

In terms of exhibitors who partner with Adaptation Design, Adam Thomas, ambassador for Symphony Kitchens, summed up the value of supporting the Expo. He said: “I always find it rewarding working with Adaptation Design and hence we’re here to support their wonderful event. It has given us the opportunity to meet professionals within the accessible build industry and showcase how our products help achieve client independence.”

Exhibitors who supported the event were: AKW (showering equipment); Aquasure (hydrotherapy pools, swim spas); Astor Bannerman (height adjustable baths and wash/dry toilets); Automated Spaces (home automation / assisted technology); Aventus Design (Structural Engineers); Brothers Lifts (lifts, hoists); City Surveying (Party Wall Surveyors); Pressalit (height adjustable equipment) and Symphony Kitchens (Bespoke Accessible Kitchens and equipment). 

In summary, David G Goodheart, Managing Director, concluded:

“Feedback from delegates has been positive with many saying they have gained new knowledge and have been reminded of aspects they had forgotten. Equally exhibitors are happy with the new connections they have made. The atmosphere has been fantastic throughout and I would like to thank the hardworking Adaptation Design team who made it all possible. The fact that the estate arranged access for our delegates to be guided around the magnificent Hatfield House was incredible. Overall, a memorable and rewarding day for everyone involved.”

Transitioning from House to Home

Download the PDF from Case Management Magazine

Kerry Smart, a property expert with over 30 years’ experience, joins the Accessible Property Finding Service at Adaptation Design, a multi-faceted inclusive design consultancy that specialises in the design and management of enabling construction projects for owners and tenants with disabilities. In this article we interview Kerry and explore why the service she provides is so unique…

What does your role involve and how does your vast experience add value to clients?

I’m an experienced Property Search Specialist dedicated to helping clients secure the right accessible home; whether it’s a short-term rental or a permanent residence. My role involves daily requests, from solicitors and case managers, to find suitable properties for their clients who have disabilities through injury or medical conditions.  I liaise with my extensive network of property associates and estate agents to thoroughly analyse listings and floor plans, and match properties precisely to each client’s requirements.  

Before joining Adaptation Design I had already built my career in the housing sector, beginning as a Lettings Branch Manager in Ipswich where I successfully launched a lettings business from the ground up in 1992. I went on to become Lettings Director in Colchester and later Branch Director overseeing multiple branches across Essex and Thurrock. This background has given me deep knowledge of market dynamics, negotiation and relationship management.

What does the Property Finding Service offer?

It offers two core areas of expertise – 

Market Reviews: We provide clear, evidence-based insight into current property market data, availability, recent sales and lets, anticipated accommodation costs, and pricing trends. These reviews are often commissioned by legal teams to support litigation or inform strategic decision-making. They give an accurate snapshot of the market at a specific point in time, including the identification of potentially suitable properties.

Property Searches: This is a highly proactive search service for both rental and purchase properties. We monitor the market daily, respond quickly to new listings and use skilled negotiation with agents, landlords and vendors to secure suitable homes or those with the potential to be made suitable. Drawing on our experience and market knowledge, we are able to filter out those that will not work from the outset, saving clients valuable time and money. 

A key part of our role is obtaining landlord approval for essential adaptations, which can often be one of the biggest barriers for many of our clients in the rental market. By addressing these requirements from the very beginning, we ensure the property is ready to meet the client’s needs from day one, avoiding costly delays and disruption. This is where Adaptation Design’s other capabilities dovetail with what I deliver.

Why is the service unique? 

We bring together skills and knowledge that are rarely found in one team. Our clinical and well-respected Housing Occupational Therapist, Tess Whitehead, leads the service with a deep understanding of the environmental, functional and practical requirements of accessible living. Working alongside myself, we can identify properties with genuine potential and rule out unsuitable options early, saving valuable time and money. I always focus on leveraging my in-depth property market knowledge, strong negotiation skills and the ability to secure the best opportunities quickly.

Direct access to the wider Adaptation Design team of inclusive designers allows us to review potential alterations and adaptations internally before viewings take place. This joined-up approach means we focus only on properties that can realistically meet our clients’ needs and can move quickly when the right home is found. 

The combination of clinical expertise, estate agency experience and technical design and construction knowledge is what truly sets our service apart.

What do you love about your role? 

I’ve always had a genuine passion for property, and I love using this to make a positive difference for people. Helping clients find both a place to call home for now and their forever home for the future is truly one of the most rewarding parts of what I do. I aim to make the whole process as smooth, supportive, and enjoyable as possible, so every client feels confident and excited about their next chapter.

Why is Adaptation Design a leading  consultancy in your opinion?

At Adaptation Design, all professional services for the client are delivered under one roof, combining both clinical and technical expertise in a fully integrated service. This means every stage is managed in-house, with no outsourcing to other professionals, consultants or companies. It avoids the risks, delays and additional costs that can come from involving multiple parties.

With many years of experience working with clients with disabilities and a track record of over 6,000 successfully delivered projects, we know how to create spaces that are both functional and visually appealing. This combined expertise, supported by consistent positive customer testimonials, is why clients and instructing parties trust us to deliver outstanding results.

Why should clients choose Adaptation Design’s Property Finding Service?

Clients benefit from a service that is flexible, proactive and built entirely around their individual needs. We tailor our approach to suit each person, whether that means arranging face-to-face meetings for clients who are less comfortable with remote calls or have limited access to technology. 

We have also developed an in-depth tool to establish the client’s search criteria, which goes far beyond simply counting the number of rooms. It helps us understand how they will use the space, their accessibility requirements, and the specific features that will make the property truly work for them. We act as a single point of contact, keeping communication clear and consistent for both clients and instructing parties. 

In addition to daily market monitoring, we draw on our extensive database of contacts within the property sector to source opportunities that may not be publicly advertised. This network, combined with our ability to respond quickly to new listings, gives our clients a real advantage in competitive markets. 

With the in-house expertise of Adaptation Design, we ensure the property we secure is not only suitable in location and layout but also supports everyday living, enables meaningful activities and enhances overall wellbeing.

Do you have a specific client case/testimonial you can recall that had an outstanding outcome?

 In just my first few months in this role, I have already delivered strong outcomes. Examples spring to mind are

• A family of six struggling to secure a rental in a highly competitive market. Within weeks, I identified and secured a suitable property despite significant agent barriers.
• Secondly, a busy case manager was initially searching for their Client but was unable to progress past the initial stages with agents.  We were engaged and I sourced a bungalow, negotiated essential adaptation works, and established a positive, collaborative relationship with the landlord.  The final documents are being drawn up and the Client will be moving into the property very soon.
• Also, a recent client said:  “We are incredibly grateful for Kerry Smart’s outstanding service in finding a new rental property for our client and his family. Despite our specific criteria and the time pressure we faced, Kerry demonstrated exceptional skill in navigating the market and presenting us with suitable options. Her communication was great, keeping us informed at every step and ensuring that everything was completed within our tight schedule. Kerry’s professionalism made the stressful process smoother, and we wholeheartedly recommend her to anyone seeking a reliable property finder.”
  John Mackenzie, Fieldfisher.

What interests/passions do you have outside of work?

When I’m not working, you’ll usually find me enjoying life as a proud grandma, spoiling my Cockapoo ‘Maverick’, or hunting down great finds for my clothing recycling/resale hobby. I am passionate about sustainability and saving items from landfill. I love wandering through the countryside, discovering gorgeous spots, and heading off on adventures with my partner.

Contact

If you are a housing, healthcare or legal professional seeking a home for a client with disabilities, Kerry is standing by to assist. She can be reached on: 

Kerry Smart
Adaptation Design Limited, 4 Carters Row, Hatfield Park, Hertfordshire. AL9 5NB
Tel: 020 8492 1617 / 07983 736083
Email: kerry.smart@adaptationdesign.co.uk

Adaptation Design, a leading surveying and architectural  practice specialising in the design and construction of  accessible properties, has enhanced its service provision through the appointment of internationally recognised Occupational Therapist Kate Sheehan.

Kate Sheehan is a highly-respected Occupational Therapist (OT) with 38 years of clinical experience, specialising in accessible housing. Her practice champions adaptations that improve the wellbeing of clients with disabilities through appropriate clinical assessment, design and provision. Kate presents her ethos internationally and is published globally, including co-authoring the Wheelchair Housing Design Guide and peer reviewing The Inclusive Housing Design Guide. On a daily basis, she is proactively involved with governing bodies with a view to making the built environment more inclusive. In recognition of her outstanding work worldwide, she was prestigiously awarded Fellowship of The Royal College of Occupational Therapists (RCOT) in 2022. Kate’s unique and remarkable expertise has led to Adaptation Design’s appointment to ensure their clients receive the best possible service.

David G Goodheart, Managing Director, Adaptation Design, comments:

“As part of our duty of care to clients, we are continually striving to enhance our proposition to support our clients to engage in activities in their home that bring meaning and purpose to their lives. Our building projects meet the needs of people with varying access challenges from reduced mobility to complex care requirements.

From a clinical point of view, these scenarios need the expert eye of a specialist healthcare professional to ensure occupation is maximised in their home. With Kate now working alongside our construction professionals and in-house OT, we have the prowess needed to provide residential sustainability and futureproofing that is world-class.”

Kate’s remit for Adaptation Design will benefit all their clients by offering: 

• Advanced clinical expertise and project guidance 
• An enhanced accessible property finding service
• Supporting and expanding occupational therapy 
• Participation at exhibition and events  

Kate is delighted to have the opportunity to synergise her everyday practice with a leading architectural team. In support of David’s comments, she concludes by saying: “I am proud to be able to add clinical value to everything that Adaptation Design provides. As we share a passion for client-centred provision, joint working makes perfect sense in terms of delivering home environments that are functional, aesthetic and improves the lives of the clients we collaborate with on a daily basis a disability.”