Does the local authority have a duty of care to take into consideration that the person's son has been diagnosed with ADHD and needs his own room? | Lawhive - Solicitors & Lawyers Online
Does the local authority have a duty of care to take into consideration that the person's son has been diagnosed with ADHD and needs his own room?
I was wondering if anyone knows anything about housing laws? My sister in law has to leave her family home as she is under occupying by one room after her father passed away from covid. Although she does fit the cirtira for special circumstances to stay, ie was a full time career before her father passed, lived there nearly 28 years, and has supporting medical letters stating she is clinically depressed and has suicidal tendencies, her local authority refuse to let her stay. She did seek legal aid but there was nothing they could do, and was given a discretionary tenancy while she waited to be rehomed. This has been going on for nearly a year now, and in that time her son has been diagnosed with ADHD and CAMS have wrote a letter stating due to his violent out bursts, he needs his own room for his safety and that of his younger brother. Her son's new diagnosation should mean he is entitled to his own room as he is classed as having a disability. Does anyone know if the local authority has a duty of care to take this into consideration? And if they still refuse, can she appeal? She works full time, pays full rent and is really struggling mentally, financially and emotionally at the moment. Any advice would be gratefully appreacted.

Cecilia Cusack

12th March 2022

Top Answer
Asb officer - housing association Has she notified them of this change as yet for them to consider? If they are discretionarily offering her a home they may well take this into account when considering bed sizes eligibility.

Marie Johnson

12th March 2022

1 upvote

NQ HOUSING BACKGROUND….. It’s unlikely that her conditions would be taken into consideration when waiving the under occupancy penalty or even allowing her to stay in a property that is considered to big for her family. If her son needs his own room because of his diagnosis then she would need consultant, not GP, reports stating his case as to why his disability means he needs his own room.

William Hanson

12th March 2022

1 upvote

NQ but housing background- Housing association or council as their policy differs. If council care would be taken into account but if there had already been a previous succession then she will be handed a discretionary tenancy and if she is under occupying then yes she will be required to downsize. If her son requires a room due to medical issues. I suggest she get every report from medical professionals and make an appeal against there decision.

Deborah Roman

12th March 2022

1 upvote

Ex homelessness officer. Is she on the tenancy? Is it a secure or an assured tenancy? Or an assured shorthold? Would be very unusual for a local authority to evict a secure or assured tenancy for under occupying.

Janice Baker

12th March 2022

This page contains user-generated content and is provided for general informational use only. Unless otherwise indicated, answers are provided by non-qualified (NQ) lay members of the public. Please read our Terms for more information.

If you have feedback on this question please contact support@lawhive.co.uk

Get legal help the hassle-free way

We have expert solicitors ready to resolve any type of legal issue in the UK.

Remove the uncertainty and hassle by letting our solicitors do the heavy lifting for you.

Get Legal Help

Takes less than 5 mins