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Housing Advice Please
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We have another post with a similar background: http://www.parentsofdisabledchildren.co....t-119.html What complicates the issue here is the need for adaptions to be made. Private rents are not really an option as to obtain funding you would need to be planning to stay there for 5 years and landlords would not allow you to stay for 5 years as you would have too many tenants rights and they advise against that in regards to tenancy periods,its not unknown but not very common. So really your issue is that unless the council offer you assistance your childs disability needs are not being met and it could be considered that your childs human rights are not being met. The human rights act Article 8 the right to family life is clearly not being met by the council so at this point the council are breaching your families human rights. Article 8 not only incorporates respect for the home, but should also be interpreted to mean that a person has a right to peaceful and undisturbed enjoyment of that home. This not only covers situations where a person has been deprived of her/his home but also where: eviction is threatened; occupation is prevented; noise pervades the property; occupants are subject to harassment or other nuisance; the health and safety of the occupants is put at risk. Human rights are often laughed at by the media but they are in place for cases such as yours but they get bad publicity through abuse. I actually think the human rights act in your case is something that you can use to force the council to assist you. ![]() Our Irish members can also use our new website for Ireland which is |
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#6
01-13-2010, 10:40 PM
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Daniel, thank you for saying what I have been thinking with regards to Human Rights. Especially with this new development going to be built.
So would you quote the above in a letter to Council/Housing Minister if you were me? I just want to scream out loud how ludicrous it seems. You meet all our criteria for one of our houses but you can't have it as there are too many of you. 1 month ago it was fine??? I have never asked for a mansion and that is what a 5/6 bedroom house seems to me. I would just like some equipment to ease the transfers of our daughter. |
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#7
01-13-2010, 10:51 PM
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The issue is if the council is seen to help you they cant move you to a house which isnt fit for your needs i.e you will be overcrowded.
The human rights act article 8 is very clear on these issues and i feel your right to family life is not being met and the council have an obligation to assist you. Why can they not knock two houses together for you on the new development? ![]() Our Irish members can also use our new website for Ireland which is |
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#8
01-13-2010, 10:59 PM
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Information is so vague out there so my apologies for all the questions by the way. But many many thanks for taking the time to reply to me.
I have not asked about the 2 houses being knocked together. I only asked about 1 house being made bigger. If they refuse is that acceptable, I mean is there something clear cut that I can say "You cannot refuse me as xyz says so" or is that where I would quote article 8? I did not realise the council had an obligation to assist me. |
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#9
01-13-2010, 11:12 PM
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Well the housing authority has to accept that private rents are out of the question because of the adaptions.
If your child cannot access the adaptions then there health is suffering. There may well be other breaches of the human rights act in regards to the health side of things aswell. I shall get digging first thing tommorow and see what else there may well be in your favour. ![]() Our Irish members can also use our new website for Ireland which is |
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#10
01-13-2010, 11:15 PM
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