Homelessness case successfully settled for elderly disabled lady
28 Sep 2023 | Muna Adam
Table of Contents
Ms X, whose details are anonymised to protect her privacy, had been living in a privately rented one-bedroom flat for over ten years. Her landlord passed away and the property was to be sold.
Over the years, Ms X’s health had sadly deteriorated and she suffered from multiple physical and mental health conditions. Ms X could only walk a short distance on double crutches and relied on adaptations within her home, such as grab rails. She could not manage any stairs at all. She was also reliant on her local support network for daily activities such as buying groceries.
Ms X was served a possession order and directly made a homelessness application to her local authority in June 2022. The local authority accepted an initial duty to take steps to help relieve her homelessness and provided her with a Personalised Housing Plan. Ms X carried out all the steps on her housing plan.
Ms X approached us in September 2022, after she had made numerous attempts to contact her local housing authority about her homelessness application, without success.
We wrote two letters, with detailed information and supporting evidence of her medical needs, to the local housing authority. We requested that it make a final decision on Ms X’s homelessness application and accept a main housing duty to her. A main housing duty is a duty to provide suitable non-temporary accommodation.
In November 2022, the local housing authority advised that Ms X’s original housing officer had left the local housing authority. Nobody had previously told Ms X this or reallocated her case to a different housing officer. Her case was reallocated and a main housing duty was accepted.
In mid-November 2022, Ms X was served a Notice of Eviction requiring her to leave her home in the first week of December 2022. We wrote directly to the local housing authority advising that they urgently needed to provide level or lifted-access accommodation for Ms X, within borough and again referred to all the evidence of her needs. Over the next week or so, Ms X had a telephone assessment and was asked to fill in a detailed medical assessment form, which she did. Numerous housing officers were now involved in her case, none of whom had previously been involved.
Approximately two weeks before her eviction date, Ms X was offered temporary accommodation. The housing officer who made the offer could not tell Ms X whether there were any stairs up to the property and said she had not seen any of the medical evidence Ms X had previously provided. The rent was also more than the local housing allowance rate, meaning it was unaffordable for Ms X.
We wrote urgently to the local housing authority asking it to withdraw its offer and urgently find accommodation for Ms X that was suitable for all her needs. Over the next week we sent several letters and had numerous phone calls with the legal department as well as taking steps, such as instructing a barrister, to issue an urgent claim for judicial review.
Less than a week before her eviction date, the local housing authority finally made a suitable offer to Ms X – a one-bedroom flat in a new-build block of flats, with a lift, within borough. Her landlord would be a social housing association, meaning that she could stay there for life. Ms X happily accepted the offer. The local housing authority provided assistance with the move. One particular highlight for Ms X is that the building has a roof garden, and she can now independently and freely access fresh air.
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"It is clear the firm put the interests of the client first at all times."
"There’s a real sense of team ethic. It’s clear that internal communication and case recording are strong because if a solicitor handling a case is away the person covering is fully up to speed, has the necessary documents available to them and nothing falls through the cracks."
"If a short deadline comes up on an urgent case, solicitors are active in collaborating to ensure it can be met."
"The practice is ‘undoubtedly one of the best in the business‘ and has a strong reputation for complex disrepair cases and possession claims against local authorities and housing associations."
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This is a very high-end law firm, which treats its legal aid clients with the same seriousness and respect as its privately paying clients.
Very strong team – incredibly knowledgable with good cross-over knowledge in mental capacity and community care. Thorough, dedicated and very professional. Clients will feel they are getting a gold standard service.
At the top of the social housing tree. Their team provides high quality advice and great client care. They can offer a holistic approach, so where a housing problem also requires community care or other aspects, this can be provided.
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"The team at Osbornes is inspired by its leader Will Ford, a truly first-rate, modern lawyer’s lawyer. The team have blossomed under his Will and are now packed with conscientious, dedicated and excellent lawyers who always give their clients 100%."
"Alex McMahon – thorough and committed. Very easy to work with."
"A committed and well-organised team with a good knowledge of the law and who work hard to secure a good outcome for their clients"
"Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers."
"Osbornes provide an incredibly high-quality service to their clients. The firm treats its legal aid clients with the same respect and commitment as if they were important private clients, which is rare and admirable. Their housing solicitors are also highly skilled and knowledgable."
"This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."
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"Osbornes team is noted for cross-practice expertise in areas such as housing and community care, which it brings to bear in disrepair, possession and homelessness cases involving vulnerable adults, individuals with language difficulties, the elderly and those with no recourse to public funds."
The social housing team is friendly, approachable and genuinely care about its clients.
A broad knowledge places the social housing department one step ahead of others when it comes to community care knowledge.
The social housing department always go the extra mile.
The social housing team has a strong track record in representing tenants in claims against local authorities and housing associations, with particular expertise in complex disrepair and possession cases.
Osbornes is commended for its 'rare level of commitment'.
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