Housing Association - Not disabled enough to keep extra bedroom

[Miles159]

So I am currently looking after my niece, this was following the death of her mum in 2021.

My Niece, has Cerebral Palsy and Learning disabilities, she is still in special education because she can't read or write properly.

She was living with her mum in a small 2 bed flat when she passed away, her mum would basically care for her, as my niece has no concept of hygiene, choosing the correct clothes to wear, washing hair properly, cooking, and lots lots more.

My niece applied for the succession for the property which was granted however the said the flat was too big for her and she must apply for a one bedroom,

about 15 months I've been collecting her files, which all clearly say she has extra needs, however today, they have told her, she can't keep the 2 bedroom because she isn't disabled enough, they said unless she requires oxygen or bed bound then it's not possible.

I just want to know if this is correct because I have spoken to many intelligent institutes who have all advised me, she is entitled to live in a 2 bedroom property,

they also said that, if she applies for a one bedroom place, she will have to arrange her own social services care.

I really need some professional help, The whole system has failed to respond to my nieces needs and I really would hate her life now to just be special education and social care, she's only 21 and extremely vulnerable.

[Hidden]

Is your niece funded out of the Continuing Health Care funding (NHS budget) or is she funded out of a s75 Agreement pursuant to the NHS Act 2006 - else is she funded wholly from the LAs (Local Authorities) LD Adult Social Care budget?

Was her late mother able to complete the transition from child to adult services properly - by which I mean was it done at all?

Did the Housing Association inspect the flat before making their decision? The relevance of that is to establish if your nieces care needs arsing out of the learning disability with the co morbid cerebral palsy demonstrate any usage of the second bedroom as UPHOLDING the precept that the (now) second bedroom has any alterations having been made for your niece to assist her physical needs arising out of cerebral palsy?

Or similarly is the second bedroom needed to provide sleepover care by family members (yourself being an evident candidate) or else to store equipment for your nieces needs.

An ironing board won't suffice - but there MAY also be a way to give supporting utility to the (now) second bedroom in the meaning of her educational needs.

That will suffice for now if you please.

There are, however, clear ways to make the LA take notice and to join up the self evident fractured process that makes such bureaucratic decisions possible - be that an Housing Association or the LAs participation or lack of it.

Im a dad of an LD adult son.

[Miles159]

Thank you for reply, So, we are currently not using any health care at all now, we had so many issues with her care team after her mum passed, i decided she live with me during the week.

Regards to the adult social care, I tried to transition her after her mum passed away, however because she is still in education (college) they wouldn't take her under adult social care and she was to remain under the child services until she finishes college.

The housing association have made visits, however it's just been to say she's not entitled to the flat because it's better use would be to a small family. There was no amendments to the flat before and since her mum passed, however we did raise an issue with the small bath (getting in and out and water spilling through to the floor under her)this was raised with the child social care team, which was addressed this in her care plan. however because the housing association had said she wasn't able to keep the flat, we felt making changes wouldn't be an option.

The second bedroom was purposely for sleepovers, with her having no concept of hygiene and unable to cook for her self, and without the need of a social care team, i thought it essential that a family be there a few days a week, especially the days before she has college.

[Hidden in reply to Miles159]

I am assuming that the flat was tenanted to your late sister.

Does the niece have a named (personal name) inclusion in the (the original) tenancy agreement as a residency entitlement or is she implied by a reference to any implied child?

Does the tenancy agreement have a joint and several liability clause?

How long is left of the cycle of education? Is there an end date given?

I may need to ask more questions, however, you need to understand that the Housing Association CANNOT legally require your niece to vacate other than on a voluntary basis. If they try to implement that effect coercively without taking a due process of lawful eviction (your absolute refusal to move) then they will have to prove that they have no duties of care to the niece based on a known residence going back several years. No Magistrate would uphold any attempt to evict a person in your nieces medical and learning condition without establishing that another flat appropriately took reasonable consideration to her needs.

In that sense then it may be that in your position I would begin to facilitate a changed use precept and start to set down a threshold of what that changed use would be.

For example a bedroom to a learning room commensurate with her learning disability meaning and your expression (of her) poor literacy skills. Two beds becomes one bed and you get the sofa.

You will need to start citing the relevant Statute when you begin to make respondent emails or written letters to the request to apply for a one bed flat on a presumptive dial (my dial and your adopted dial if you can receive it) if they risk the eviction process.

On a side note (perhaps) I believe your use of the term 'succession for the property' which you say was granted MAY be indicative of the belief by the Housing Association having granted continuance, that other less complex considerations to their duties to tenant consulate with regulated housing provision will be more easily applied to the stated precept of a one bed and not a two bed -citing other families in need of housing.

Lastly, do YOU believe that it is in your nieces best interest to remain in the flat and does she agree with that and express that herself?

[Miles159]

regards to your last comment, Yes I do, However I haven't really seen what could be available to her with regards to applying for a 1 bedroom. however they have made it abundantly clear, if she doesn't apply for a one bedroom (Catch 22) they will evict her and my niece has made it clear to me, she does want to keep the property. first off the location is perfect, she isn't far away from close friends and family. so as far as vulnerabilities go, she would be safer.

Honestly, the legalities of succession and continuance, I really am unsure about all of it. however, she applied for the succession, they said her succession was approved, however the flat was too big for single occupancy and would need to down size. hence my fight for the extra bedroom, she is able, but she needs prompting, like all the time.

where would I start with a learning room? this would be a fantastic idea.!

with regards to siting statue, i have no legal knowledge, this is where I get confused over can's and cant's

Again with eviction, I don't want to make a decision that could adversely effect my niece, I believe she needs an extra room for her needs however I would hate to go down the solicitor route and fail her.

It's just all very stressful

[Hidden in reply to Miles159]

You said that for the last 15 months you have been collecting your niece's 'files'. But your comment arising out of that was somewhat weak other than to say that your niece has 'extra needs'.

There are clearly numerous positions you need to reestablish, as well, to formalise properly.

Your prior reaction to the poor care given after your sister passed MUST be resisted because it is likely that the same level of care existed for some time before that. What may have been distinct is that the means to manage the extraneous consequence of poor care were removed when your sister passed - because your ability did not have time to take shape due to an uncertainty of the formal position of your niece's standing in law. .

And whilst it is perfectly understandable to have taken that position of removing your niece from a formal framework of social care in the way you seem to have done, that kind of reaction is unhelpful in the end.

I sincerely do not say that to burden you, and I especially DO say that you also need to understand your own reasonable feelings to events seemingly beyond your control such as how we feel when there is no structured control (administrative) that we can easily attach to and where another party gives a sense of how to go forward (myself).

In short, best foot forward and smile. Don't become passive. Be assertive and don't hold back in your view of anything said to you by us.

I would like to forward my personal details to you in a private message and disclose myself in my legal capacity and name a colleague of mine who can help with the safeguarding issues involved here.

I will administrate the legal considerations myself and share the pastoral issues with named parties upon disclosure and open a file to manage the details and to keep them focused.

There will be two email addresses in that PM (should you consent and subject to the first journal entry advised (below), and if you do consent as your niece's present informal carer and closest family member, where your niece also consents to our support and involvement in your shared circumstance then you MAY have a way to go forward.

Just to be clear with you.

The details you have provided here raise all manner of risks that need to be assessed properly and due to that it is not possible to continue on a publicly facing forum.

Begin by starting a journal.

First entry annotating a conversation with your niece that outlines this thread, if possible read it directly off screen and explain it to her. Then timestamp the entry and sign it.

IF the private message is consented to (see below comment) then you must also read that and encourage her to the best of her ability to read it with your supporting help.

Then journalise that also.

There is NO cost to yourself and you do not have to disclose anything beyond some basic material facts having regard to legal matters and details that WILL disclose both yourself and your niece in person to myself and those who will help.

Is that acceptable to you?

If it is, I will send the PM in a few hours after speaking with others and raising the generality of the case to them. You can expressly begin by speaking with a senior manager privately with myself in conference, in a public facing and publicly funded body in education commensurate with the standing of your niece's present educational position. His legal duty is subject to s149 of the Equality Act in his day to day work (Public Sector Equality Duty) and that will give some traction to the direction for anyone who is also subject to the same instrument.

There is no benefit to provoking an hostile litigant outcome - the ambition is to build safe bridges to the relevant bodies and to establish a basis for a negotiated outcome in your niece's best interest.

Please advise to the private message in your own time.

Shall I disclose myself in a PM or not?

In the next stage (private disclosure in PM if consented to), explain things to your niece and journalise as I have suggested above.

If you do consent to a private message in the detail I have suggested you will immediately see what the basis for my offer is - with no future basis for a sudden change of direction by either ourselves, nor, and especially to matters of money.

There will be NO money sought, either charitable or commensurate with services - and NO change to that whatsoever into the future.

So please do NOT offer any either. Thank you.

Shalom

[Hidden]

I noted your like to the relevant comment but could I ask you to read the post again and decide if you wish me to further my stated intention before I close my involvement.

I realise that this kind of formality is difficult in a peer to peer forum, but I cannot proceed in private in the way described without a CLEAR acknowledgement amounting to permission to act - even in a private capacity on a public forum. You can PM your response if you wish,

I did alter the post to try and make it more clear and so I assume that you may have missed my correction - including several typographical mistakes.

[Miles159 in reply to Hidden]

Yes would be good to speak in private,

Thank you for your help.