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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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PLEASE HELP ME AND MY FAMILY ASAP AND SAVE ME FROM BECOMING

Customer Question

PLEASE HELP ME AND MY FAMILY ASAP AND SAVE ME FROM BECOMING HOMELESS.
I am living in a temporary accomodation at***** Camberley since September last year with my wife and two young children aged 3 years and six years.
My case is as follows:
1. I was offered a 1st floor flat in Camberley by the SURREY HEATH BOROUGH COUNCIL on 31st August 2016.
2. I refused the 1st floor flat due to my wife deteriorating health condotion on 13th September 2016 and attached Doctor Blake (UPPER GORDON ROAD SURGERY, CAMBERLEY) letter dated 9th September 2016 highlighting my wife Mun:
azza Begum serious healt issue, it stated:
a. This letter is to certify that Munazza
Begum has been attending Upper Gordon
Road Surgery with ongoing issues of
Plantar Fasciltis. She has also suffered
from generalised pain in the knee and left
shoulder pain which at times has limited
her movement due to pain'.
3. I received a letter from Clive Jinman, Housing Services Manager, Surrey Heath Borough Council dated 21st September 2016 which stated:
a. 'I will be undertaking the review.
b. In order to do this I have written to your
wife's GP (DOCTOR PEMBAKIAN) to
request further information.
c. Following receipt of this information if
further clarification is needed I will take
advice from an independent medical
advisor.
d. WHEN I HAVE THIS INFORMATION I
WILL CONTACT YOU TO ARRANGE A
MEETING TO DISCUSS MY FINDINGS
BEFORE MAKING A FINAL DECISION'.
4. I again received a letter from Clive Jinman dated 3rd October 2016, which stated:
a. 'I have allowed the accomodation at
Darwin Court to continue but as you
have been advised if your review is not
successful it will be ended'.
5. On 10th October 2016, my wife had an appointment with her GP doctor Pembakian in which her GP mentioned about a letter from SURREY HEATH BOROUGH COUNCIL enquiring about her (Munazza Begum) medical condition. doctor Pembakian asked if SURREY HEATH BOROUGH COUNCIL offers a house to us will we accept it. To which I told doctor Pembakian we will not accept it as it is extremely painful for Munazza Begum to climb the stairs. Doctor Pembakian agreed to it. Doctor Pembakian had earlier during her knees treatment had told Munazza Begum that her right knee cap has gone and left knee cap is going thats why she has so much pain in her knees.
6. Doctor Pembakian further asked my wife Munazza Begum to book an appointment with the SURREY HEATH ORTHOPEADIC REHAB, THERAPY & TREATMENT SERVICE with regards ***** ***** knees. The appointment was booked on 7th November 2016.
7. Here I must mention that in four (4) years of Munazza Begum continuous knees pain treatment it was the very 1st time Munazza Begum was given a CORTISONE INJECTION (which relieves pain and inflammation and are given when other treatments such as medication and physical therapy are not working) into her right knee joint at UPPER HORDON ROAD SURGERY, CAMBERLEY by Doctor Lothe.
8. CORTISONE INJECTION is not a permanent solution but is effective for 2 to 3 months. Doctor Lothe told Munazza Begum it will be a continuous process and further told that her left knee will also be injected. CORTISONE INJECTION for knee pain can be helpful for various causes of knee pain including BURSITIS, TENDONOTIS, ARTHRIS, CARTILAGE TEARS and GOUT.They ate generally the best ways to reduce pain and improve function, but they generally don't cure the problem.
9. I reveived a letter on 20th October 2016 dated 18th October from Clive Jinman which stated that'I have to leave*****by 20th November 2016 as COUNCIL has no longer a duty to provide you with an accomodation'.
10. The worse thing is that Clive Jinman never contacted me, arranged a meeting with me to discuss the findings before making a final decision as brought out earlier in the 3rd paragraph of this letter.
11. I was expecting Clive Jinman to contact me before making a decision.
12. I am shell shocked, extremely upset and unable to understand as to why Clive Jinman didnot contact me and arranged a meeting with me to discuss the issue.
13. The only reason which I can think of Clive Jinman not contacting me is that people like me who are homeless do not matter to him.
I have a sick wife and two young school going children. I am extremely upset and dont know as what yo do and where to go?
CAN YOU HELP ME ASAP please?
I dont want to leave this accomodation and make my children homeless. Can I stay in this accomodation? Can I get a stay order of the court as not to leave the property? How can get a stay order ASP?
What happens if I refuse to leave the property?
My mobile number is *****
Mmy thanks for your support & help
Syed
Submitted: 17 days ago.
Category: Law
Expert:  Clare replied 16 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How did you first come to be homeless?

Did the Doctor confirm in writing that your wife could not cope with stairs?

how many steps were involved in the flat you were offered?

Customer: replied 16 days ago.
Thxs ClareThe accent housing association which has provided me temperory accomodation on behalf of SURREY HEATH BOROUGH COUNCIL has asked me to clear flat today by 1400 hrs.Doctor Blake letter dated 9th September 2016 which I sent to the SURREY HEATH BOROUGH COUNCIL stated:'This letter is to cerify that Munazza Begum has been attending Upper Gordon Road Surgery with ongoing issues of Plantar Fasciitis. She has also suffered from generalised pain in the knee and left shoulder pain WHICH AT TIMES HAS LIMITED HER MOVEMENT DUE TO PAIN.She has been undergoing treatment from the surgery to manage the pain and improve function.I have been asked to write this letter as she feels that the above problems may limit her ability to manage with an upstairs flat'.SURREY HEATH BOROUGH COUNCIL in their letter dated 18 October 2016 - Review of Discharge of Duty wrote that:'You refused this accomodation as you advised that your wife was unable to manage the stairs. In support of this you submitted a letter from Dr Blake.He made no housing recommendations about the suitability of the offer however did report that your wife felt that her issue may limit her ability with an upstairs flat.He is however hopeful that treatment will lead to increased mobility.I specially asked if ground floor accomodation was necessary and Dr Blake made no recommendation for ground floor accomodation. I asked if there was a difference between your wife being able to manage in a house that had external stairs or a ground floor flat and was advised that there would be no difference to these situations'My GP has two different sides to my wife she always acknowleged her mobility problem and told her there is no chance of improvement and further her right knee cap has gone and left will go.In the above reffered letter of doctor Blake in the first paragraph second sentence the doctor writes 'She has also suffered from generalised pain in the knee and left shoulder pain WHICH AT TIMES HAS LIMITED HER MOVEMENT DUE TO PAIN'.This is the clear evidence of my wife medical problem of movement acknowledged by a doctor.I still dont understand what further evidence is required and why doctor Pembakian has not told the truth to the SURREY HEATH BOROUGH COUNCIL about my wifes health.Lastly I dont remember exact number of stairs but there were alot of them and were very steep.Though I am living on a 1st floor flat and my wife finds it extremely painful to climb the stairs (these stairs are not continuous stairs there are stairs then landing then stairs leading to the 1st FLOOR). My wife normally for few days at a stretch doesnot come out of the flat and stays in the flat to avoid the stairs.The only reason I didnot tell my wife case to the SURREY HEATH BOROUGH COUNCIL was due to the reason that we will be staying in this flat for less time.Many thanks
Expert:  Clare replied 16 days ago.

What have you done about this matter since you received the letter of 20th October?

Customer: replied 16 days ago.
I am still in the accomodation and have refused to leave as I have no where 2 go
The housing assosiation/the council will go to the court now.
Expert:  Clare replied 16 days ago.

yes, but what did you do after you got the letter - did you appeal?

Customer: replied 16 days ago.
No I didnot appeal I think it was due to the reason I was not expecting this to happen.
Expert:  Clare replied 16 days ago.

How old are the children?

Customer: replied 15 days ago.
My children are 3 years and 6 yrs (was 6 years on 20th November).
Customer: replied 15 days ago.
My view pt is that the doctor statements provided to the SURREY HEATH BOROUGH COUNCIL with regards ***** ***** wife medical condition were wrong and were not factual.
The 9th September DR BLAKE letter stated
1.She has been undergoing treatment from the surgery to manage the pain and improve function.
2. 18th October 2016 letter of Clive Jinman, Housing Services Manager letter to me stated:
1. HE (DOCTOR) is however hopeful that treatment will lead to increased mobility.3. But my wife was reffered to the SHORTS (SURREY HEATH ORTHOPAEDIC REHAB, THERAPY & TREATMENT CENTER) by doctor PEMBAKIAN on 10th October 2016.The appointment was booked for 7th November 2016. On 7th November 2016 my wife was given a CORTISONE INJECTION in her right knee by Doctor Lothe.Here I must bring it out that the CORTISONE INJECTION is only given once medication and physical therapy is not working. It is one of the best ways to reduce pain and improve function, but generally dont cure the problem.It is given for different causes of knee pain including BURSITIS, TENDONOTIS, ARTHRITIS, CARTILAGE TEARS & GOUT.My wife as per her then GP Dr Pembakian has ARTHRITIS and CARTILAGE TEARS (right knee cap has gone and left is going).This proves the point that SURREY BOROUGH COUNCIL findings provided by the GP were totally wrong which stated 'he is however hopeful that treatment will lead to increase mobility'.Because if that would have been the case then CORTISONE INJECTION should have not been administered because by going for CORTISONE INJECTION it proves that other treatments such as medication and physical therapy did not work on my wife.
It is given in order to relieve pain and inflammation.Thxs
Expert:  Clare replied 15 days ago.

Have you spoken to the doctor and obtained a clearer report?

Customer: replied 15 days ago.
other GP of the same Surgery but she said that she works with her is her colleague therefore cant write.
Expert:  Clare replied 15 days ago.

Have you actually arranged to go back to the same doctor - that is crucial

I still also need to know how you ended up in the temporary accommodation

Customer: replied 14 days ago.
No I have not gone back to the same GP i.e. Doctor Pembakian because CAB advised me not to do so & change my wife GB which I did. I went to a different doctor @ the same surgery. She told me that she worked @ the same Surgery and Doctor Pembakuan was her colleague and further she was not a specialist so she cant give it in writing to us.
I was renting a flat the owner told me she is going to sell it so I had to move.
I had not enough money for a initual deposit to rent a new flat as I couldn't afford it.
I contacted my Council and as there was no immediate COUNCIL ACCOMODATION available there4 the COUNCIL put me in a temp accent Housing Assossiation accomodation.
Expert:  Clare replied 14 days ago.

The first step is to go back to the SAME doctor and ask if he is willing to clarify the position and confirm that it is essential that your wife is accommodated in a ground floor flat.

You will then need to appeal the decision - and ask for that appeal to be considered even though the time to appeal has passed

The appeal process should be described in the letter you received.

You should also be able to get help from the Charity Shelter

http://england.shelter.org.uk/get_advice/homelessness

You must treat this seriously as you WILL be evicted and this could lead to the children being taken into temporary care

Please ask if you need further details

Customer: replied 12 days ago.
Thxs
Customer: replied 12 days ago.
If the doctor says she is not willing to clarify the position and cfm that my wife should be accomodated in the 1st floor flat.
Can I still appeal keeping in view the facts which I have provided to you?
Will they accept my late appeal?
Then what should I do?
Expert:  Clare replied 12 days ago.

I am sorry but unless the Doctor (or a hospital consultant) will confirm that your wife cannot cope with stairs then you have no basis for an appeal

You shoudl contact Shelter as a matter of urgency to see if they can assist you in makeing a humanitarian appeal based on your misunderstanding of your position

Customer: replied 12 days ago.
ThxsBut I thought change to CORTISON injection meant the normal medical treatment didnot work.I thought it reinforced my wife genuine knee problem. Because it couldnt b treated there4 the GP had to go 2 the next level.U no law infinite times b8r than me will the judge not look @ this point of change of medical treatment 2 CORTISONE (put fwd by me )in the court case hearing.Will the JUDGE not ask if my wife was healthy enough to climb the stairs and the medical treatment had a chance of improvement then why GP had to switch over to the next level of medical treatment.Will this aspect not go in my wife favour.Thxs
Expert:  Clare replied 12 days ago.

I am sorry but the fact that she needs Cortisone treatment does not mean that she cannot manage stairs

It is simply the next step in treatment - many people have this treatment and still manage stairs

Customer: replied 12 days ago.
Thxs
In 9th September ltr of Dr Blake to the Council, he wrote:
'She has also suffered from generalised pain in knee and left shoulder pain
which at times had limited her movement'.Does this doen't stand & count for my wife medical condition?
Expert:  Clare replied 12 days ago.

It does not mean that it is bad enough that she cannot manage stairs ever again.

That is what you need a report to say.

Customer: replied 12 days ago.
Thxs
Expert:  Clare replied 11 days ago.

I hope all goes well

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