Please Help Council Refusing to allow a move!

squinty

SLK1984 wrote: »

Thanks i have spoken to shelter and they say we have a good case against the Council so, they have put me in touch with somebody who can judicially review this for us..

Why?

Its unlikley to warrant a judicial review at this stage, this is a matter of how the council have applied their own policy. The normal route to take, if you believe the council has treated you unfairly would be firstly to try and sort it out yourself - secondly work through the coucils complaints procedure - and finally, if this does not work, then contact the ombudsman.

You would only normally seek a judicial review if the council have made an eror in law - for example with a homlessness decision. May be being naive, but I cannot see how this would apply in your case.

From your posts here it appears that your are articulate, and able to write a letter that expresses your dissapointment, and that you feel the council has acted wrongly. Why don't you write to them first, point out what you want and why you think they have done something wrong? - give them the chance to put things right, or at least explain thier position before taking this sort of action?

SLK1984

squinty wrote: »

Why?

Its unlikley to warrant a judicial review at this stage, this is a matter of how the council have applied their own policy. The normal route to take, if you believe the council has treated you unfairly would be firstly to try and sort it out yourself - secondly work through the coucils complaints procedure - and finally, if this does not work, then contact the ombudsman.

You would only normally seek a judicial review if the council have made an eror in law - for example with a homlessness decision. May be being naive, but I cannot see how this would apply in your case.


From your posts here it appears that your are articulate, and able to write a letter that expresses your dissapointment, and that you feel the council has acted wrongly. Why don't you write to them first, point out what you want and why you think they have done something wrong? - give them the chance to put things right, or at least explain thier position before taking this sort of action?

I have already complained to the council, i am only stating what Shelter told me and they have more knowledge than i do on the situation. I put my complaint in writing to the council and the response i got was it does not matter that your husband is ill and the property isnt suitable we will not move you unless you pay a lump sum immediately. They also stated that even though my husband cannot have an essential operation until we move that they are not sympathetic to this situation but may change the decision in favour if we pay a lump sum off the arrears which we simply cannot do or i would.

I have looked up the situation and as far as other LA are concerned most of them state that if you are in arrears and have special circumstances you can move providing you have a payment plan in place and have kept up the repayment. We have got a payment plan and never miss it, i pay it on time everytime.

Shelter are concerned with the fact that after 11 months of the council saying we can move and have medical priority that they have now back tracked and are saying the arrears are an issue, these arrears occured between July and September 2007, i already had a payment plan and was paying the arrears by the time our application with priority was accepted and put on to their system in Sept 2007, both my husbands illnesses are degenerative with no cure and are both complex and unpredictable, would the council stop somebody who was suddenly injured in an accident from moving house because of arrears? Surely they have a duty to provide safe appropriate accommodation and shelter seem to think so too.

Hanniebis

SLK1984,

Firstly, I'm sorry to hear about your situation. It sounds like a nightmare.

Anyway:

1. Have you read up about the Local Government Ombudsmen? They review a council's actions and are able to overrule decisions based on what they see to be maladministration - and it seems this can include "injustice", such as "distress" or "financial loss". There are strict criteria, but it seems like it may at least be worth contacting them.

2. Continue to make a fuss to your council. As another member has suggested, WRITE to them. Set down all of your evidence; all the dates for decisions about rent, arrears, benefits, etc. Send all the evidence with your letter (but keep multiple photocopies) and state your case clearly. Seriously - doing this will have a much greater impact than any number of phone-calls. And keep doing it. *Don't* let anyone forget about your case.

3. I would seriously consider doing what another member has suggested and go public about this. Kick up a fuss. Just because there has been a mix-up and you still have arrears, this does not mean your council should point blank refuse help to someone who is a young carer to a disabled person and also has a child! There are always exceptions. So if you and your OH feel at all able to generate publicity or sell your story locally, do it.

4. Have you thought about a Disabled Facilities Grant? They're for up to 25k for improvements like stair lifts, easy entry showers, ramps, etc and you can get them based on a social care assessment regardless of whether you're actually registered as disabled at the time, although being registered can help speed certain things up. I know this isn't ideal, but maybe it's something to think about if the only major issue turns out to be the fact that you are not living on the ground floor - or if (God forbid) you aren't able to move out.

Good luck. Please keep us updated.

neverdespairgirl

SLK1984 wrote: »

We have been fighting DLA for the last twelve months they have not said that my husband is not disabled they have in fact admitted that he is in a bad way and that he needs care but they still have not paid a penny we are still awaiting the statement of reasons from the tribunal as to why this is

Do get advice on a further appeal to the Social Secutiry Commissioners - based on what you've said, you would have a good case.

neverdespairgirl

squinty wrote: »

You would only normally seek a judicial review if the council have made an eror in law - for example with a homlessness decision. May be being naive, but I cannot see how this would apply in your case.

You can bring JR for 3 reasons, namely that a decision is :

1. ultra vires, which means that it was outside the legal powers of the decision maker;

2. procedurally unfair; or

3. irrational, otherwise known as "Wednesbury unreasonable". To do that, you have to show that no reasonable decision-maker, taking account of relevant information and not taking into account irrelevant information, could have acted in the way in which the decision-maker actually acted.

You can only bring a JR if you have first exhausted your other remedies, including internal appeal within the council, and appeal to any relevant tribunal. An application for JR has to make clear (unless it is absolutely obvious) that this is the case, for example:

In these circumstances, it does not appear to that the Home Office’s failure to comply with that to which they had agreed can be dealt with in the AIT. The AIT agreed with this at the directions hearing on 16th July 2008. We have therefore no other domestic remedy other than judicial review.

We consider the breach of the consent order as procedurally unfair, but the main thrust of challenge is that it was Wednesbury unreasonable.

In other words, the Claimant submits that no reasonable Secretary of State could hold out a legitimate expectation to a Claimant that she would be dealt with in a certain manner, by way of a consent order, and then go back from that promise in the way in which she has.

neverdespairgirl

SLK1984 wrote: »

Shelter are concerned with the fact that after 11 months of the council saying we can move and have medical priority that they have now back tracked and are saying the arrears are an issue, these arrears occured between July and September 2007, i already had a payment plan and was paying the arrears by the time our application with priority was accepted and put on to their system in Sept 2007, .

Shelter certainly aren't completely off the wall with this one - did they mention the phrases "legitimate expectation" or "conspicuously unfair" to you, by any chance?

SLK1984

Hanniebis wrote: »

SLK1984,

Firstly, I'm sorry to hear about your situation. It sounds like a nightmare.

Anyway:

1. Have you read up about the Local Government Ombudsmen? They review a council's actions and are able to overrule decisions based on what they see to be maladministration - and it seems this can include "injustice", such as "distress" or "financial loss". There are strict criteria, but it seems like it may at least be worth contacting them.

2. Continue to make a fuss to your council. As another member has suggested, WRITE to them. Set down all of your evidence; all the dates for decisions about rent, arrears, benefits, etc. Send all the evidence with your letter (but keep multiple photocopies) and state your case clearly. Seriously - doing this will have a much greater impact than any number of phone-calls. And keep doing it. *Don't* let anyone forget about your case.

3. I would seriously consider doing what another member has suggested and go public about this. Kick up a fuss. Just because there has been a mix-up and you still have arrears, this does not mean your council should point blank refuse help to someone who is a young carer to a disabled person and also has a child! There are always exceptions. So if you and your OH feel at all able to generate publicity or sell your story locally, do it.

4. Have you thought about a Disabled Facilities Grant? They're for up to 25k for improvements like stair lifts, easy entry showers, ramps, etc and you can get them based on a social care assessment regardless of whether you're actually registered as disabled at the time, although being registered can help speed certain things up. I know this isn't ideal, but maybe it's something to think about if the only major issue turns out to be the fact that you are not living on the ground floor - or if (God forbid) you aren't able to move out.

Good luck. Please keep us updated.

Thanks, we have considered the facilities grant, the specialist housing services also inspected whether they could make any changes to our property to make it easier for us but they like us feel that there just isnt room for a stairlift, the stairs are very narrow and when you get to the bottom the front door cannot be opened unless i do it whilst stood on the bottom step as it opens right into the wall there just isnt the room the door would catch on the stairlift and not open properly although a shower that could have some sort of seat in it is something for us to try for. I intend to take this as far as i have to.

Do get advice on a further appeal to the Social Secutiry Commissioners - based on what you've said, you would have a good case.

I also am still trying hard to get the dla sorted out for my husband the reason we were given at his tribunal was absolutely ridiculous, we immediately wrote to them asking for a statement of reasons as we were advised to do by our case worker but we never received them the office said they had never received my letter (unlikely the mail service may not be fantastic but things do generally get where they need to be). I had to write to the commissioner and get his permission to have these reasons because the time limit had passed because they said they never got our letter, and we found out yesterday that we will have the reasons within 2 weeks so hopefully if they have done something wrong in law then we can get another appeal, if they havent which our case worker says is very unlikely considering the circumstances then we have to reapply and hope they will treat it as a new claim and new evidence.

Shelter certainly aren't completely off the wall with this one - did they mention the phrases "legitimate expectation" or "conspicuously unfair" to you, by any chance?

I am still waiting to talk to them again our local office was shut all day yesterday, like i said earlier i just took the word of shelter on the judicial review if they don't think this is neccessary and that there is a quicker solution then great, all i want is to be treated fairly. I have since found out that the council are not going to allow me to appeal the decision they have made, even though they made it on the 2nd August
they are stating that because i applied in September and this should have happened then my appeal should have happened in September, they are leaving me no choice but to take it further they cannot tell somebody 11 months later oh you should have been suspended from the system in september and given the chance to appeal in september but we didnt do that so now you can't.

Dithering_Dad

Good luck with sorting this out SLK1984. I just wanted to say that I think you have been appallingly treated by one contributor on this thread, but you shouldn't take it to heart. People say all sorts of things on anonymous forums that they would never say face to face. The person in question could be a 14 year old spotty youth for all we know or have some sort of mental/behavioural issues that are apparent in real life, but not on the internet. Perhaps s/he would even receive our pity if we saw them ranting like this on a street corner?

Take comfort that the more level headed posters, and the silent ones who have read the thread will all be behind you and hoping that you get the better facilities you deserve and the benefits you are entitled to.

I for one do not begrudge any of my taxes going to deserving cases like yourself. Better that than to line the pockets of MP's in their expense accounts or gilt-edged pensions.

Take care,
DD

SingleSue

ged1980 wrote: »

I agree 100% but we all know system is crap


I see people who drive DLA cars get full DLA and should have been knocked back at the first hurdle


Then i see real people who so need it and should be getting it having to fight it all the way

That is so true, I have recently given up the battle for my son's DLA (very unlike me but the fight went out of me in the end) for his aspergers, bowel disorder, gross food intolerances and slight brain damage causing a problem with his understanding. This was mainly because of all the hard work we all put in, he has improved slightly...although the hard work still goes on to keep him that way, without all the hard work, he would revert back! Yet I see others claiming for and getting DLA when they have less problems than I have (and I don't claim for myself because I believe my problems/illnesses are not DLA worthy) .... it is all very annoying and tiring.

Dithering_Dad

SingleSue wrote: »

That is so true, I have recently given up the battle for my son's DLA (very unlike me but the fight went out of me in the end) for his aspergers, bowel disorder, gross food intolerances and slight brain damage causing a problem with his understanding. This was mainly because of all the hard work we all put in, he has improved slightly...although the hard work still goes on to keep him that way, without all the hard work, he would revert back! Yet I see others claiming for and getting DLA when they have less problems than I have (and I don't claim for myself because I believe my problems/illnesses are not DLA worthy) .... it is all very annoying and tiring.

Hi Sue,

Has your son been statemented at school? This was one of the major reasons in us getting DLA for our daughter, who sounds to have very similar problems as your son. Getting her statemented was a major battle but the DLA was pretty straightforward for us. We also got support from the school SENCO and statements from the many health professionals involved in her case. It all helps to build up a body of evidence that prevents them from just dismissing the DLA application.