brother-in-law homeless....

mandy_moo_1

Hi
not sure if i'm in the right place, but just wondered if anyone could help me please?

My brother-in-law is currently classed by the local council as homeless and they put him in a B&B in December, until a flat became available for him. He suffers really really badly with anxiety and nerves, which his doctor is treating him for.

However, he's just been told today that he can only stay at the B&B until the 15th (nxt wk) and then he has to be out (the council's words) cos the building's been sold.

They've made him 1 offer on a high rise flat...even though his own doctor has told them that he is too unstable to be put somewhere like that.they've basically said 'tough...you go where we put you'

i'm so worried about his safety, and his state of mind, i just don't know where to turn for help/advice.

I've just left a msg on the ansafone with our local MP to see if she can help, but i don't know where else to go for someone to 'fight' his corner.

I suppose if he was a druggie, or an asylum seeker, he wouldn't be treated this way...he's just had a really rough time of things lately, and he wants somewhere permanent to live so he can concentrate on getting better.

Can anyone offer me any advice,please?

lynzpower

Right, yes I can! I work in social services and this sort of thing is *bread and butter* to me.

Firstly, dont worry. Take a deep breath.... and relax.

Firstly, when was he offered the high rise? This week, last? Further ago than that?
In any event, for any local authority to offer accomodation, they have to establish whether its "reasonable" for that applicant to live there ( reasonable to occupy). If your brother has a diagnosed medical condition and his GP or other medical professional has written support for your brother in law refusing the property as on medical grounds its not "reasonable for him to occupy"

One of the things that *could* happen is that the local authority could find him intentionally homeless, on the grounds that he has refused accomodation that is reasonable to occupy. What his job is, is to prove that its not reasonable to occupy that flat shuld this arise, and a letter from his GP should manage this.

If the council say "tough, you go where we put you" they are breaking the law, as they have to take account of the reasonableness to occupy test. For example if you were a wheelchair user and they offer you top floor of a high rise with no lifts, its NOT reasonable for you to occupy. He should make an official written complaint about this if he can noting the name of the staff member who said it.

Where are you guys living? I might be able to help a bit more. If you want to do this by PM, no problem!
EDIT to say that if he was an asylum seeker he would be treated a hell of a lot worse, believe me.

moozie_2

Hi there

I am sorry to hear about your brother's situation. It can be resolved so don't panic.

It sounds like the Council have agreed that they have a statutory right to resolve your brother's homelessness (known as S184) but they have not had sufficient proof that he has medical needs that prohibit him from living in high rise accomodation.

Your brother has the right to appeal and while the appeal is going on, the Council have to provide temporary accomodation for him.

He/You need to find out what medical evidence the Council will accept as proof of his unsuitability for certain types of accomodation and then obtain it.

Keep us posted on how things go. Best of luck and keep your chin up, the law is on your brother's side

Bestthingsinlifearefree

Hi,

Sorry to hear about your brother in laws situation.

Probably a silly qu, but could he not stay with you or another family member until he gets back on his feet ?

mandy_moo_1

Thanks for your help....
he can't stay with me cos i'm claiming benefits for me & my 2 children, and where i live, they are really quick off the mark if you're found out to be having someone staying with you...my neighbours even reported me to the DSS when i had my own Mum and Dad to stay for a week at Xmas!!

I live in Redcar, Cleveland where there's a lot of unemployment and the Council REALLY look down their noses at people in difficult situations

The council told me on the phone earlier today that he has to be out of the B&B by the 15th...they havent even had the decency to write to him to tell him this...he only found out cos i rang them to hurry them along with the offer of a property. They told me that they can't help him anymore cos they have no flats available and the B&B has to be vacated by everyone by nxt Thurs.

I've rung his doctor to se if he can help, but i'm waiting for him to return my call

sandanista

Your brother has a right to a statutory review of the suitability of any interim accommodation that is offered under s.202 of the Housing Act 1996. He should contact the law society on 0870 606 6575 and find out about housing solicitors in his local area.

Just a point of note. Asylum Seekers are generally given the housing nobody else wants, or our exploited by Rackman like landlords. Don't believe everything you read in the Daily Mail, etc, etc

I wish your brother-in-law the best of luck

mandy_moo_1

I didn't mean any offence about the asylum seekers, i just feel like everybody's against him. they seem so sure of themselves ( the council) and i'm doing my best to help him but i don't know where to turn.

thanx guys xx

sandanista

With good medical evidence and sound legal advice and assistance, he stands a good chance. But he's gonna have to fight. You're dealing with petty beuracrats when it comes to some housing officers (i said 'some'). The best way to deal with such is to always challenge them.

mummytofour

Is there no private rentals that he can get? council may help with deposit.

Sorry didnt quite get what his problems are, does he have mental health problems? if so worth calling local MIND as they have been very helpful in the past with info for me.

Another option is contact shelter and see what they say, also social services CAB anybody who will listen, do the council have no other temp accomadation? or private landlords they can put you in contact with? Also H/A can be useful some will take self referals, for ppl in need.


YOU MUST KICK UP TO GET HELP!

mandy_moo_1

I've read all your advice, and i've made a list of things i can try to do to help him out.

I'm gonna make some phone calls tomorrow and hopefully get on the way to getting it sorted. I just have to try and be a bit more forceful,i know!

Locana

Remember, he can only submit the review (s.202) within 21 days of the decision letter given to him by the council. Do it asap..