Help with council housing

24skins

I apologise in advance if this post turns into a long rant. . .

Here is my situation;
I am a single parent with two children, a girl of 8 and a son who is nearly 7. My son has autism with severe learning difficulties (mental age of around 18 months) and mild physical problems. I currently live in a two bedroom flat on the first floor of a block of flats. I am assessed by my local council as overcrowded because of my sons difficulties and I have 15 medical points (the maximum awarded by my local council). I am not currently a priority for housing but I will be in 13 months time when my son turns 8, because of the council's policy that children of different sexes should not share after this age. I have a slight problem with this as my children don't share a room, my son can be very violent so I can't leave him unsupervised with his sister. As a result my son has shared a room (and bed!) with me for the past 2 years. So, my first problem is; Do I inform the council that my kids dont share and son shares with me? Will I get more points (bearing in mind that I already have the maximum medical points) or will I be penalised when my son turns 8, ie I won't be entitled to points for kids sharing a bedroom because they don't?

Right thats the easy bit over with, now for the rest . . .

As well as this I have a problem with someone who I suppose you could call a 'neighbour from hell'. He has had a flat here for 6 years and has the dubious honour of being the first recipient of an ASBO in Aberdeen (July 2001). His ASBO is specific and only covers the playing of loud music, although the police are about to go to court to try and make it more general in light of some of his more recent escapades, which include; fighting in the communal lobby, throwing used syringes out of his bedroom window, having a 'garden party' (ie sitting outside with a load of his mates intimidating people who live here) etc etc I could go on for hours . . .so to cut a long story short basically when he is not in jail (where he is now) he turns the communal areas into no-go areas. BUT the council will not take this into account on my housing application because it is not directed specifically at me!!!!!!!!!!
I have been on to my housing assistant, senior housing assistant, chief executive of the council(!), local councillor and MSP about this situation and all I seem to get are letters assuring me that everything possible is being done and these things take time, evidence etc etc and that I should report as much as possible to the police.

So to my second problem;

Trying to be a good citizen I have been reporting as much as I can to the police, even though I am loath to do so because of my sons difficulties (he finds strangers in his house very upsetting, particularly when they are tall strangers with uniforms and hats on) and now I find that I have been cited to court to witness against my neighbour:eek: forgive my language but I am absolutely sh*ting myself, I cant believe the police have done this to me knowing the situation, basically I have to stand up in court IN FRONT OF HIM and explain how I phoned the police when he was breaking his ASBO.
The court date is on the 4th October, he will definetly be there because he is in jail on remand for drugs offences so there is no chance he wont turn up in court. The police are confident he is going to get a sentence for the drugs but I'm not so sure, what happens if he is let off on a technicality? I live in the same building there is no way I can avoid him. I asked about a discretionary move because of this and I could get one, but my council's policy on discretionary moves is like for like, ie I would have to take a two bedroomed flat and reapply for a 3 bedroom after a year, losing all of my medical/overcrowding points in the process. . . and anyway why should I be forced to move? Its not me causing the trouble

does anyone have any ideas? Sorry for rambling . . . .

lynzpower

Well if you *HAVE* to move for your own protection, chances are that this is a good thing, gets you away from mr asbo and probalby into a property that would suit your needs better. I cannot see how you can be moved into something else that does not meet your needs when they know damn well fine that you are overcrowded. plus your sons needs etc. I think this might well be the bit worthy of appeal/ negotiation.

I really dont know right now, Id need to sit down and have a good think ( i will be back though in the AM) but do you have a social worker? with your child having specific needs under the Children Act, he is classed as automatically in need and thus you should be allocated a worker to advocate and support you. Is there one, if so what are they doing? Do you have a care package of any sort ? Is there a review any time soon?

Ill think about this a bit more and come back in the morning, but another *off top of head* thought is that if you feel threatened by him if he does come back to the property, could you not apply for some sort of restraining order/ exclusion order.

Thoughts tumbling out here, will come back in the morning

HTH a bit
Lynz
x

24skins

Thanks for your prompt reply lynzpower:D ;
My son does have a 'disability social worker' but tbh I don't know what her purpose is. I do have a care package of sorts, a carer helps me for 4 hours a week, but I have never seen my social worker in connection with this.
I actually asked her to write a letter in support of my housing around 2 years ago and she refused, saying the council only takes medical opinions into account. Do you think I should ask again?

BobProperty

Lynz & OP, I think the OP is getting caught out by the technicalities. I think although she is overcrowed at present, it is by .5 (1 adult 1 child over 8 which LA counts as an adult and one child over 1 < 8 which will be .5 (All IMHO)). My guess is that they will allow .5 overcrowding but once it gets to 1 (younger child becoming 8) then they will give more priority to re-housing her. If she requests a move now, they will only do it on the basis of the current situation, therefore they will ignore/allow the .5 overcrowding and move her "like for like" to another 2 bed flat.
Have the councils in Scotland got similar powers to the English ones to evict the undesirable tenants who have convictions etc.? Is there a local tenants association who can pressure the council to move this person with the ASBOs?

dips_3

1) You don't need to inform the council where your son is sleeping because it won't make any difference to the overcrowding problem. As far as I am aware council accomodation is as suitable for a certain number of people - it doesn't matter where they sleep.

2) I don't want to sound harsh here but it sounds like your social worker needs a good kick up the @rse. She may feel that the Housing only listen to medical advice but the Housing have a duty of care to you and there is nothing to stop your social worker writing a very strong letter to the housing department pointing out a) You are getting no sleep because of the overcrowding and that it is not appropriate for your son to have to sleep with you (even if it isn't technically overcrowded. b) The stress of the court case and anti social behaviour is not acceptable given your circumstances c) It is not appropriate (or safe) for your son to be in a first floor flat nor should a child with his problems be couped up without outside place to let of steam and play.

3)If this doesn;t work have you tried the National Autistic Society? or the Scottish equivalent - they do have support workers and case workers who can write on your behalf.

4) Try your GP and see if they can write again highlighting the stress you and your family are under.

5) Don't give up - the council have discretion and they have a duty to ensure your accomdodation is approprite to your sons needs.

6) I don't believe the councils policy is correct - as far as I am aware they are not allowed to move you somewhere (eg new tenancy) if it is overcrowding - you should check this with shelter because a move could make you intentially overcrowded - as I say check this out.

7) Personally I would have a word with the police and say that if they can not ensure your safety then you won't give evidence.

I was in a similar situation to you and I did get moved after a lot of pushing so don't give up.

chugalug

Shelter are specialists in these types of situation. If you have a local housing aid centre near you they can allocate you a caseworker who will work with the council on your behalf. Or call their freephone number. Their site is https://www.shelter.org.uk

24skins

Thanks for your replies Bobproperty, dips and chugalug, there were loads of things I hadn't thought of. I have contacted Shelter and the National Autistic Society as well as my sons social worker, just waiting for them to get back to me (its a local holiday weekend up here). Hopefully someone will be able to help me.
Just to clarify; my council claim they only do 'like for like' discretionary moves, so whatever my situation I could only get a 2bed flat. I asked why this is and was told it was to stop 'people like me' jumping the housing queue!

lynzpower

Your social worker will be employed to undertake reviews in terms of the care component that is provided, if you havent had a review of your carer to see how its going, or what other suport you need. Ask for this.

Actually thinking about it, Bobs probably right, and in fairness, no itr doesnt matter who sleeps where its the amount of rooms to the property thats the issue.