Next door care home patient smashed through our fence

[Karl8791]

Hello all, hope you are well

Just found this site & wondered if anybody knows the best thing to do in this unique situatisituation? Any guidance would be greatly appreciated.

I do not live with but care for my elderly parents, Dad in 80s & Mum in 70s. Some years ago the next door home to theirs was taken over by a care facility who take care of mentally challenged patients.

My Mum & Dad are very liberal easy going folk and my Mum herself was an end of life carer for the elderly in her working years. They have had numerous patients coming and going as one could imagine & my Mum even used to have one of the patients over for tea once a week, that's how understanding they are.

Lately (last few months) there has been total disruption with police and ambulances coming on a regular basis & constant screaming, smashing with clear physical detainment of a patient visually quite often Infront of the house, in the back garden plus you can hear it all the time through the walls.

It took a horrid turn a few weeks ago where one of their patients after self harming smashed through our garden fence in an attempt to gain access to my Mum & Dad's home & almost did, luckily the patient was again physically detained by carers but, as you can imagine this sent chills through both my spine but also my Parents. Now they are totally intimidated & do not want to use their rear garden for fear of similar action. My parents are sheilding as they both have conditions including heart issues plus they have their freezer and washing machine in the back garden & are scared to go outside.

Before now I wanted to mention the disruption to the neighbors, the management company but was held back from this by my parents but now that dynamic has changed as they are petrified & they know they can't defend themselves from attackers. This is having a collective detrimental effect on their health both mental & physical as my father walks up & down the garden normaly for his excercise.

At first the management company agreed to build an enforced fence so this could not happen again but they have withdrawn this offer & my parents are pensioners who do not have the funds to pay for a secure fence, the fence that was smashed through is a standard domestic fence that anyone would normally have. I would just pay for it myself but I am the only one working out of me & my wife as she was laid off due to pandemic plus I do not see why we should pay, surely this would be the lookout of the company who house people capable & willing to smash the fence in the first place?

Please if anybody could point me in the right direction of what to do with this would an amazing help to us
Karl

[EnglandPi]

The management company are not obliged to provide an enforced fence, they are obliged to repair damage caused or replace like for like.

[islandgirl]

However in this situation you would hope they would do so surely?

[des8]

I would have thought the "Care Facility" have a measured duty of care to their neighbours
IMO they should be taking reasonable steps to prevent or minimise the risk of physical damage or nuisance occurring to the occupiers of neighbouring properties
It is a ‘measured duty of care’ because it devolves on the occupier rather than the the landowner.

So assuming the care facility only leases the property, IMO they should be ensuring their occupation does not impinge adversely on their neighbours, and should be taking reasonable steps accordingly

[Scot22]

I agree with Des. It is reasonable, in my opinion, to expect a secure fence. I suggest contacting the local councillor for help.

[Karl8791]

Thank you Des & Scot for your answers to my question, I will get an appointment or letter across to the local councilor as you suggested and see what they will do. After that I believe it would have to be appointment of a solicitor to get them to move, this cost I understand is not something that is retrievable from the other side even if they are clearly at fault however as a matter of principle I feel I should do so, and foot the bill for my folks if it comes to it.

Wish you all the best and will post later when there is progress and what it took to push them, knowing that there is some accountability to hold then to is motivating guys