Homelessness in Gravesham - Discrimination?

[Deleted User]

I have tried to get advice on this but don't seem to be able to find any one who is specialist enough.

We are currently homeless in Gravesham, two children diagnosed with ASD, we have a band C (low need) priority. My older son's social worker has written two official reports asking them to up our priority based on my older son's needs, I also have medical problems that you would normally expect to up our priority. But not in Gravesham apparently.

I've received this email from my housing officer:

You have a priority need under homelessness which gives you band C.

No medical priority is offered above homelessness priority.

You can view the Allocations Policy on https://www.gravesham.gov.uk

So if you are homless, you can't have higher than a C priority? But if not homeless you can (I do see properties offered to A and B priority people?

The housing office did tell me before I became homeless that I could be offered a A or B priority if I had a friend who I could go and live with (based on overcrowding). I don't have any friends (being investigated for ASD myself lol).

Seems like discrimination to me.., but I wonder if anyone else can refer me to legislation that clarifies this, or an organisation that offers advice on this type of thing. Shelter weren't helpful. IPSEA said they don't deal with housing issues.

phill99

On what grounds do you think you are being discriminated against? And you can't be homeliess as you have children so where are you living now?

bouicca21

Phill99, this is one where you need to look at the backstory. Deanna is currently in emergency accommodation.

pmlindyloo

deannatrois wrote: »

I have tried to get advice on this but don't seem to be able to find any one who is specialist enough.

We are currently homeless in Gravesham, two children diagnosed with ASD, we have a band C (low need) priority. My older son's social worker has written two official reports asking them to up our priority based on my older son's needs, I also have medical problems that you would normally expect to up our priority. But not in Gravesham apparently.

I've received this email from my housing officer:

You have a priority need under homelessness which gives you band C.

No medical priority is offered above homelessness priority.

You can view the Allocations Policy on https://www.gravesham.gov.uk

So if you are homless, you can't have higher than a C priority? But if not homeless you can (I do see properties offered to A and B priority people?

The housing office did tell me before I became homeless that I could be offered a A or B priority if I had a friend who I could go and live with (based on overcrowding). I don't have any friends (being investigated for ASD myself lol).

Seems like discrimination to me.., but I wonder if anyone else can refer me to legislation that clarifies this, or an organisation that offers advice on this type of thing. Shelter weren't helpful. IPSEA said they don't deal with housing issues.

Have you read Gravesham's housing allocation policy?

http://www.gravesham.gov.uk/__data/assets/pdf_file/0011/185879/Housing-Allocations-Policy.pdf

Councils can make their own policies as long as they follow certain government 'must haves'.

From a brief reading your council appears to have done so.

Looking at the information your best hope seems to be getting into band B if you can get more evidence from your doctor but, again from a brief reading the criteria seems very strict.

Is there anything else that could 'bump you up'?

[Deleted User]

They seem to be refusing to even reassess our priority. Saying that if homeless you are band C and that's it.

My son's social worker has already done a KAA report saying we need a higher priority. I have no problems getting GP and a consultant letter but I am hitting this brick wall of refusal to reassess our priority.

Yes I have read Gravesham's Housing Allocations policy. I may be not understanding it but I can't see a bit that says a homlessness priority overrides all other priorities, which is what the HO seems to be saying in his email. Can you see it?

pmlindyloo

You need to follow this procedure:

33 Complaints
33.1 Where a person is not satisfied with the service that the council has
provided, he/she has the right to seek redress. In the first instance, they
must put their complaint in writing to the Housing Operations Manager (Needs
and Improvements) who will investigate and seek to resolve the complaint.
33.2 If the matter cannot be resolved at the first stage, it should then be referred to the
Director of Housing and Regeneration.
33.3 Once these two stages have been completed, should the person still not be
satisfied, they have a right to appeal to the Chief Executive.
33.4 If after the 3 previous stages have handled the complaint, the person complaining
is still dissatisfied, they have the right to refer the matter to the Local Government
Ombudsman. Access is also available to the respective Ward Councillor and
Member of Parliament.
29
33.5 The Local Government Ombudsman
33.5.1 The Local Government Ombudsman investigates complaints of injustice arising
from maladministration by local authorities and other bodies. They can be asked
to investigate complaints about most council matters including housing.
33.5.2 If a complainant is not satisfied with the action the council takes, he or she can
send a written complaint to the Ombudsman. A complainant must give the
organisation an opportunity to deal with a complaint first, using its complaints
procedure (as detailed above).
The Local Government Ombudsman can be contacted at:
LOCAL GOVERNMENT OMBUDSMAN
PO BOX 4771
COVENTRY CV4 0EH

Can you get some help from CAB?

Miss_Samantha

For medical conditions:

• Band A - High medical priority will be recommended where the applicant or one of the household has a life threatening condition which is seriously affected by their current housing. Band A will also be appropriate where current housing conditions and/or other circumstances are having such a major adverse effect on the medical condition of any applicant of the household as to warrant emergency priority. All recommendations for placement in Band A on medical grounds are made by the Housing Operations Manager (Needs and Improvements), the council’s medical advisor, or through the council’s Joint Stock Referral Process.

• Band B - Medium medical priority will be recommended where the current housing conditions are having a major adverse effect on the medical condition of the applicant or one of the household.

• Band C - Low medical priority will be recommended where the current housing conditions are having an adverse effect on the medical condition of the applicant or one of the household that creates a particular need for them to move.

If you want to move up the priority list you must show that the current accommodation has at least "a major adverse effect on the medical condition".

However, Band A for homelessness is:

Homeless households owed the main re-housing duty by Gravesham Borough Council placed in Bed & Breakfast or short term temporary accommodation where the only prospect of meeting the households’ needs is in permanent accommodation in the social housing sector (e.g. the applicant has severe medical, disability or vulnerability needs).

So perhaps their argument is that the social housing sector isn't "your only prospect".

missbiggles1

deannatrois wrote: »

They seem to be refusing to even reassess our priority. Saying that if homeless you are band C and that's it.

My son's social worker has already done a KAA report saying we need a higher priority. I have no problems getting GP and a consultant letter but I am hitting this brick wall of refusal to reassess our priority.

Yes I have read Gravesham's Housing Allocations policy. I may be not understanding it but I can't see a bit that says a homlessness priority overrides all other priorities, which is what the HO seems to be saying in his email. Can you see it?

I don't think I'm reading this the same way you are. The email you received said,

"No medical priority is offered above homelessness priority."

which I took to mean that you personally don't qualify for additional medical priority, not that nobody who's homeless can get anything more.

I could easily be wrong but I just thought I'd offer a different pov.

[Deleted User]

Oh dear, my head is just whirring. I'm trying to absorb what is being said but its not going in.

I did get some free legal advice, they said what the council is doing isn't discrimination.

I guess they don't have to reassess us. I'm not sure if I am understanding though.

pmlindyloo

Homeless Households
15.1 Homeless applicants will be included under the Special Priority List. If an
applicant is homeless or threatened with homelessness they will need to make
an appointment to see the Housing Needs Team who will make an assessment
as to whether the Council has a duty to offer permanent housing.
15.2 If an applicant is accepted under the provisions of the Housing Act 1996 and
Homelessness Act 2002, they will be placed in Band C and applicant/s will be
able to bid for a suitable property through Kent Homechoice.
15.3 There is a maximum twelve week time limit (starting from the date at which the
applicant was first awarded homeless priority points) during which
time applicants can bid in their preferred areas and for their preferred property
type. After the time limit has expired the Council's Housing Needs Team will
automatically place a bid for the applicant for every suitable property that
becomes available (up to a maximum of three bids per bidding cycle).
15.4 Applicants in this situation are entitled to a review of the suitability of any
subsequent direct offer.


I know you have been offered one house already but it was unsuitable. From this part of their policy they will have to keep bidding on your behalf.

As you have found you can ask for a review of the suitability of any offer.

So, it looks like there may not be any suitable properties available.

Since the bidding is being done on your behalf, are the housing team (or whoever is doing the bidding) able to bid for all properties or just the ones that are for band C?

Have you asked them this question?

Can't think of anything else you can do unless you can persevere with being moved up a band due to severe medical, disability or vulnerability needs (see Miss Samantha's quote)

phill99

bouicca21 wrote: »

Phill99, this is one where you need to look at the backstory. Deanna is currently in emergency accommodation.

OK, acknowledged