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Autism/ MH Problems and Housing rights / Homelessness help ?

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I suffer from severe depression, psychosis and autism. I am currently having problems from my noisy neighbours in a block of 3 flats, and also there is anti-social behaviour. Having loud domestics in the communal area slamming doors. Playing loud music.Due to my autism I cannot stay in my flat at anytime in fear of sudden loud noises. There also knocking on my door at 3am in the morning threateing me. .I am in fear of staying there at any time it's making me also psychotic.
I have considered soundproofing but most of the noise is out in the communcial area and my ceiling is already too low to have work done. because of my height...
I have applied to my local autoritys social housing scheme to move.They band applicants in 3 categoriges below for health conditions
Gold
applicants with a serious and enduring illness whose health and/or well-being is significantly compromised by their home or environment
Silver
applicants who have a health or well-being issue, which will be removed or improved by moving

Bronze - no award

The problem is they allededly can only award the above if it's the property itselfs causing the problem and they have rejected my application on the grounds it's a " neighbour dispute". They also advised I could stay there and gather evidence with a diary they sent.And try and get them evicted. But it can over a year to get them out. I struggle to manage everyday life as it is and couldn'nt go through the proccess like a normal person can.

Are they breached my human rights or failing to provide a duty of care to vunerable people.
Basically I have been advised I will be going to be classed as intentionally homeless myself for not staying in my own property. But I am not doing anything to deliberatly worsen my circumstances it's not my fault I am so Ill and cannot stay.

Any advice would be great to hear :) ?

I found this but unsure if my situation fits
Human rights act
Article 8: failure to provide suitable accommodation or the right to 'physical or psychological integrity

Comments

  • pinkshoes
    pinkshoes Posts: 20,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have perfectly adequate housing so no issues with human rights.

    Just noisy neighbours.

    Why not wear white noise headphones to block any noise out, so that you then won't hear any loud sudden noises?

    Could you not move in with your parents or something? Or rent privately in the middle of nowhere?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • toniq
    toniq Posts: 29,340 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you tried to see if you can get a swap? that might be the easiest way.


    Maybe see you doctor and see if they will write to housing dept stating how it is making your health worse.


    Good luck


    x
    #JusticeForGrenfell
  • sal_III
    sal_III Posts: 1,953 Forumite
    Fifth Anniversary 1,000 Posts
    It doesn't sound like they are ignoring you, just not giving you a priority. I kind of see their point in terms that there is no guarantee you are not going to face the same noisy/disruptive neighbours in the new property.

    Instead of trying for far fetched ideas like they are breaching your human rights, I would suggest you look into ways to manage your condition irrespective of the property you live in. Like noise cancelling headphones which you should be already familiar with as an autistic person having problems with noise.
  • There won’t be anywhere they can house you where they can guarantee no noise, so moving is not likely to be a quick solution.

    I agree with the above poster that what you need is coping mechanisms. Go to your GP, or your CPN and ask for help coming up with some..
  • FreeBear
    FreeBear Posts: 18,195 Forumite
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    The problem is they allededly can only award the above if it's the property itselfs causing the problem and they have rejected my application on the grounds it's a " neighbour dispute". They also advised I could stay there and gather evidence with a diary they sent.

    You have the right to appeal of any decision the housing dept. make. You'll need to write to them and ask for documents covering the process. While you wait for a response, get your MH team involved (possibly getting them to write a report stating how the issues are affecting your health). Certainly keep the diary to hand and note dates/times of any disturbance and how it affects you personally.

    It may also help if you contact your local councilor (look on the council web site to see how to contact the right person). If the issues are serious enough, the councilor can put pressure on the housing dept and encourage them to speed up the process.
    Her courage will change the world.

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I hesitate to appear unsympathetic, but the Human Rights leglislation originated after the 2nd world war as a result of nazi atrocities and similar.

    The recent habit of individuals to plead 'human rights' whenever something goes wrong in their lives is not comparable.

    Having said that, I accept that
    1) the legal definition has broadened over the years, and
    2) you clearly do have a distressing situation - though not one covered by the Act.

    Given that councils have a desparate shortage of housing, they have to have strict policies of who to prioritise and allocate. And if that policy looks at the housing the applicant is currently in but not the neighbours, then that is what it is.

    Indeed, there is no way they could realistically take neighbours into account. They could move you to a 'quiet' block next week, and a week later the neighbours from hell might move in upstairs....

    As suggested
    * coping mechanisms? With support from relevant professionals?
    * Property swop?
    * Family?

    Sorry not to be more postive.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 September 2019 at 12:22AM
    I have autism, both my children have it and we are all sensitive to sound. We all have noise cancelling wireless headphones. Personally I listen to TV programmes I like but still wear them on the odd occasion I'm not listening to anything.., just feel more secure somehow. It helps if its something you like listening to although I'm not actively listening half the time, its background/distracting noise.

    They have helped me live next door to constantly barking dogs, and on a sink estate over an alleyway where drunks and drug addicts would congregate, with assorted screams/arguments etc. Unpredictable noise at its best.

    They make a heck of a lot of difference. I tend to buy Sennheiser RS120 - 190 headphones, they last a few years (although I buy them from their outlet site to cut the cost a bit.)

    I'm afraid Housing often aren't sensitive to special needs/MH needs. I've had some yukky experiences with repairs and being homeless. You could try and get some help from your MP but understanding might be a bit short there too (I had my MP round, first thing he did was insist he would only talk about private matters outside next to the kids play area because I had dogs - who were shut out in the back yard area, it went downhill from there lol). However, its worth a try.

    If you google search for a local law centre, they might be able to advise whether you have any legal arguments but legal aid is very limited nowadays, that will probably be your main problem even if there is a legal argument for your situation.
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