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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am a single mum 19 and 14 years old.I am 54 high disable

Customer Question

I am a single mum 19 and 14 years old.I am 54 high disable but not in wheelchair. Living in first floor flat with 16 steps. Also difficult for me to have a bath because of my disability. I need an walk in shower. I suffer stress and distress and type 2 Diabeties. I am on the council housing waiting list with no luck because they put me in Band E. I asked to show me a ground floor place with housing association since they say not enough house to replace me.Still no help from Harringey council.hardly any solicitors to deal with council and can't afford to pay solicitors. What can I do? What is my wrights? Why am I in Band E? Thanks for your help
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you are in receipt of disability living allowance or any other form of similar benefit please? Have you been assessed by the council in terms of your needs for a property? Do they accept that you require an adapted or alternative form of accomodation?

Joshua :

When did they council make the banding decision roughly? Have you complained or appealed the decision?

Customer:

I receive DLA high mobility care component medium.I get full housing and council tax benefit.I receive Child/tax C/B and ESA .some adaptations been done to my place but with no satisfuction.I need a walk in shower.I have been in band E about 3 years.yes I rung lots of time to harringey council but all they say I dont have enough medical points to be in higher bands.I have been in council housing list just over a 4 years.i asked to help me to get housing help from housing association but that is been refused too.Basically I dont understand being High mobility disable yet I am on the lowest band E .couple of times they said lost my files than nobody knows who is my housing manager is.i gave up but not happy.I beleive something wrong in council.I can not afford to get upset since I am suffering Paratiroids and Diabeties, High blood pressure, stressed distress, high calcium and cholesterol on top of my severe back and leg pains

Joshua :

Thank you. Could you tell me roughly when they made the decision regarding your banding? From what you say you have restricted your complaints to date to telephone calls. Is that correct?

Joshua :

I am sorry to note that you have rated my service to you as poor. I am conscious I have not actually ben able to supply you with a response yet. Could you kindly confirm this was a mistake before I continue and that you did not mean to rate my service to you as poor?

Customer:

2012 area MP asked explanation from council in writing but answer was only for repairing things that needs to be done by landlord and I have 3 bedrooms flat which is enough for us to live and thats why I am in band E because no emergency in my situation.My argument is the 16 steps to get to my flat and bathroom that I find it difficult to get in to bathing because of my spine and discs problem I suffer.Plus one government office says I am high disable which I am but other government office says I am in band E . That doesnt make sense anyway.I deserve to be in Band B.because of my illness couldnt travel to council instead kept rining each time different people trying to help with no luck

Joshua :

Thank you. I am sorry to note that you have rated my service to you as poor. This may have been in error. I am conscious I have not actually ben able to supply you with a response yet. Could you kindly confirm this was a mistake before I continue and that you did not mean to rate my service to you as poor?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
Many thanks for the above. From what you say though I note that a MP has complained on your behalf, do I understand correctly that you have never submitted any form of complaint in writing to the council personally to date?
Customer: replied 2 years ago.

Did not complain in writing to the council

Expert:  Joshua replied 2 years ago.
Thank you. It is possible to appeal the councils decision formally. This required the council to formerly consider your complaint and respond to you and have the complaint considered by an independent officer which is more effective than informal complaints over the telephone which in practice can be largely ignored or disregarded.

An appeal should usually be submitted within 3 weeks or so of the decision you complain about but there is scope for the deadline to be extended where you can explain the reason for the delay in making a complaint - here for example it may be that you were not made aware of your right to challenge the decision.

If you are not satisifed with the outcome of your complain, if you consider that the council has failed to follow correct procedures in dealing with your deicision then you can refer your complaint to the local authority ombudsman which can independently review the matter and make a recommendation to the council in terms of corrective action. The council are not legally bound to observe the recommendations of the Ombudsman but typically do.

http://www.lgo.org.uk/publications/fact-sheets/complaints-about-housing-application/

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