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Long story short. Daughter was found homeless at home due to the fact she had to move out of her private rented accommodation. Section 21 was served, but she couldn't move out as council said due to her disabilities and very low immune system (due to her medications) they couldn't put her in temporary accommodation, so they found her homeless at home and would re-home her from there. Fast forward nearly a year and still in a property where she can't get out as there are steep steps leading to the property, she has to sleep on the sofa as she can't get up the stairs and has been for over 2 years now. Daughter now needs a heart valve replacement and 24 hours oxygen. She has to remove her oxygen when she enters her bathroom(it's downstairs) or her kitchen as there is a old boiler that has a gas pilot and also a gas hob. Council are fully aware of her conditions as always send any medical paper work off to the. Daughter also has enhanced PIP on care and mobility. Council asked an OT to visit which she did and stated that daughter needs to be housed urgently as, 1. can't climb the stair to get to bed. 2. Can't use the oxygen in the kitchen and bathroom. 3. Can't get out of the house due to the steep steps and mobility scooter stored in husbands van as no where she can store it where she is (narrow path leads to all the houses along the path). So now we need to know as advised that it looks like she has a strong case for negligence and discrimination against the council. How do we go about doing this. Also forgot to mention she did put in a complaint but was told there was no case to answer with the council even though she didn't have enough space on the form to show her evidence and asked that they sent a link for her to do so. Can anyone help with this
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This is truly a horrible position for your daughter. I am not at all clear however that the answer lies in negligence and or an allegation of discrimination. Is it not a breach of statutory duty to provide housing? -
You need to lodge a complaint against the Council, all Council's have a Complaints procedure on their website.
As an example -
https://www.havering.gov.uk/info/200...8/complaints/2
Once you get their final response / Deadlock letter, if the matter hasn't been resolved or you still aren't happy, then lodge a Complaint
with the Local Government Ombudsman.
https://www.lgo.org.uk/contact-us
You can send the Council a Subject Access Request, they will provide you with all the data on your daughter's case, it should show the Council's actions / in actions over the last 6 years. The Council has 30 days to respond. Make sure you get Proof of Postage.
You will find this useful if you intend on lodging a Complaint with the LGO.
This should have been sorted months ago by the Council.Comment
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Thank you for reply we did do the complaint but was told it wasn't upheld and no case to answer. Daughter did ask for a link to be sent so she could send all the evidence she had to prove everything but no one sent a link. We will now do the Subject of Access Request as our next step is LGO but she has given them to the 3rd April 2023 to re-house her. But in the meantime we will request what you have said. Once again thank youOriginally posted by echat11 View PostComment
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