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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have an autistic son and we live in a ground floor council

Resolved Question:

I have an autistic son and we live in a ground floor council flat. My son can be quite loud because of his Autism. My upstairs neighbour bangs on her floor when my son is loud and it is really stressful. I phoned my housing officer to tell her about it and she told me that I would have to keep my son quiet so my neighbour wouldn't get upset. I just wondered if that is even legal? We have been trying to move since last August or September but have been unable to find anyone to swap with via the Homeswapper site, no one seems to want flats. The council wont move us.
Appreciate any help I can get
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have the name of the person who said that to you
Clare
Customer: replied 2 years ago.

Hi,

My housing officer's name is***** told me I had to keep my son quiet. The person in charge of anti-social behaviour is Sarah Godfrey.

Hope that's what you needed

Wendy

Expert:  Clare replied 2 years ago.
Hi Wendy
have you been offered mediation to enable you and your neighbour to discuss the matter?
Clare
Customer: replied 2 years ago.

Hi

Yes and she wouldn't do it. Could you just tell me if what the council is doing is legal please?

Thank you

Wendy

Expert:  Clare replied 2 years ago.
Hi
What was said was clearly inappropriate and I believe amounts to disability discrimination
You should report it as swiftly as possible using the council's complaints service which should be detailed on the website.
The treatment you are subject to from your neighbour amounts to harassment and you are entitled to demand that the Council as your landlord deal with it robustly.
If your neighbour has refused Mediation then the council needs to take the next step of issuing a formal warning.
In addition the fact that they are not prioritising your need for housing suitable for a child with your child's disabilities may also amount to discrimination.
You local Law Centre may offer a service such as this one
http://www.justanswer.co.uk/law/8no32-autistic-son-live-ground-floor-council.html
If not then Shelter certainly should be able to find a local service that can support you
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,


 


do you think I would have a legal case against the council? I contacted the C.A.B for advice and they are sending me a list of legal aid Solicitors in this area.


I also wrote to my MP who got in touch with the Chief Executive of Arun District Council and he also said that I would have to talk to my son about being quiet. But unfortunately can't help us as we are in "suitable" accommodation. I can't take this much longer, it is really upsetting.


 


Thank you,


 


Wendy

Expert:  Clare replied 2 years ago.
Hi
Yes I believe that this is discrimination at its worst.
I suggest you seek assistance from the National Autistic Society
http://www.autism.org.uk/
Clare
Customer: replied 2 years ago.

Hi,


 


I tried to phone the Autism,org that you told me about but they were busy, will try again tomorrow.


 


I tried rating your service but not sure if it went through, could you let me know if you get it please? It says I have to pay another £47, is that right? You have been brilliant and I really appreciate all the information you have given me.


 


Thank you again,


 


Wendy

Expert:  Clare replied 2 years ago.
Hi
No need to rate again - it is all done thank you
Clare
Customer: replied 2 years ago.

Hi, ok great


 


I received 10 emails today asking for me to rate your service

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Never mind, thank you so much


 


Wendy


 

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