Above picture with the blue box is the building waste ground of proposed house departed from the main Housing Development at the Glebe Kilmelford top picture.
I shall up date this weekly.
Files Family Weekly Countdown 109
11/03/11
This week our situation remains the same.
Workmen,Surveyors,Concrete lorries etc have been on the building site shoring up the banks of the river and digging out the foundations for the house as attached picture above.
This all looks promising and we are grateful that the house build seems to be underway.
Nothing more suitable to rent came onto the private housing market this week.
Angus
Files Family Weekly Countdown 108
04/03/2011
This week our situation remains the same.
Copies of the engineering plans have now been received by Planning in connection to the Building Warrant these seem to be fine.Hopefully approval shall follow shortly.
On the site Thursday yesterday, security fencing was delivered for securing the site ,which is now being erected as I write.
No other more suitable properties for rent came onto the housing market this week.
Angus
BELOW IS OUR ENDEVOURS OVER THE YEARS TO ACCOMMODATE GEOFFREY WITH US ,HIS FAMILY IN
A SUITABLE HOUSE WITH GRANT FUNDING MEANT TO BE AVAILABLE TO ALL BUT DISCRIMINATION AND PREVARICATION BY ARGYLL AND BUTE DISTRICT COUNCIL(ABDC) HAS BUGGERED THIS UP, THIS IS DESPITE OTHER HOUSES BEING BUILT FOR LOCAL FAMILIES WITH DISABILITIES OUTWITH AUTISM mmmm..
WE BECOME HOMELESS ON THE 4th Of December 2009 IN A CONSTRUCTIVE APPROACH ,WE DECIDED TO PROVIDE ABDC OFFICIALS ,et-al WITH A WEEKLY COUNDOWN E-MAIL UP TO ,THIS DATE AND AFTER UNTIL ,SUCH TIME THAT A HOUSE FOR G AND HIS FAMILY IS PROVDED TO MEET HIS NEEDS .60K IS THE SUM THE COUNCIL BAULK AT YET WE SAVE THE TAX PAYER YEARLY 220K (PLUS) PER YEAR IN RESIDENTIAL FEES IF GEOFFREY WENT INTO CARE. IF WE COULDNT COPE THIS FEE WOULD BE PAYABLE EVERY YEAR FOR THE DURATION OF GEOFFREYS LIFE... .. A COST ESTIMATED BY THE GOVERMENT TO BE AROUND 6 MILLION POUNDS FOR THE DURATION OF HIS LIFE.
Files Family Weekly Countdown 107
25/02/11
This week our situation remains the same.
This week ,further ground work ,topsoil shifting has been taking place on the plot (as picture attached above).
It is hoped that contracts with the builders can be signed this week based on successful receipt of the Building Warrant .
On receipt of the Warrant building work should progress after enforcing of the river bank with large boulders and leveling/removal of top soil is completed.
No other more suitable properties came onto the private letting market this week.
Angus
I shall update this weekly.
Files Family Weekly Countdown 106
18/02/2011
This week our situation remains the same.
I phoned WHHA this week .They said that a contractual meeting was to be held yesterday with a representative from the preferred building firm .
I believe that the only delay just now is the completion of the building warrant.
The surveyor has been back surveying the plot this morning (pictures attached /above) .
No other more suitable letting properties came onto the market this week
Angus
Files Family Weekly Countdown 105
This week our situation remains the same as it was 12 weeks ago since my last circular e-mail.
The planning permission has been granted 24/11/2010 but awaits final building warrant approval .
I did see a JCB, digger over at the site clearing ground and what looked to be like a "saturation test" for water with a couple of metal pegs/rods driven into the ground.All this flurry of activity a week before Christmas and two workmen on the house site on Christmas Eve,nothing since.
With the frost and snow now forecasted to be finished, this eliminates any unsurmountable weather problems for ground clearing concrete ,foundation ,block laying etc.Since the weather has now changed I shall resume my weekly up date until the house is completed and attach pictures of any development.
The waste ground has become more and more of a local tipping area and the kids(naturally) enjoy the area as a bike park with various 14 ft and 10 ft "cycle drops" on the rear bank jumps ,and ramps made up from dumped household rubbish(picture attached/above today)
Geoffrey perseveres on attempted escapes and fortunately we have averted losing him several times since and before Christmas,along with to many to list Autistic tendencies ,attempted floods etc , which the new house would certainly reduce or stop altogether.
No other more suitable properties came onto the private letting market over the festive period and just now except this week where a house in Tarbert(O.T.) came up but again not wholly suitable safety wise,distance etc .
Angus
.
Files Family Weekly Countdown 83
This week our situation remains the same.
Planning permission has been granted and we now await the Building Warrent.
A meeting has been set for the the 8th of December 2pm at the WHHA building.
No other more suitable properties came on the letting market this week.
Angus
Files Family Weekly Countdown 82
This week our situation remains the same.
The house plans and approval seem to be moving at pace hopefully matters will progress to build soon.
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 81
19/11/2010
This week our situation remains the same.
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 80
12/11/2010
This week our situation remains the same.
We have received a Draft tenancy agreement from West Highland Housing Association to consider and a meeting is arranged for the 24th of November .
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 79
05/11/2010
This week our situation remains the same.
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 78
29/10/2010
This week our situation remains the same.
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 77
22/10/2010
This week our situation remains the same.
We have now heard from SHELTER, who in turn had received a letter from Moira ABDC, that the planning application for the house was submitted on the 24th of September 2010(attached). We are really delighted about this and have seen the notice in the Oban Times last night. Many sincere thanks to all concerned.
No other more suitable properties came on to the private letting market this week.
Angus
Files Family Weekly Countdown 76
14/10/2010
This week our situation remains the same entering our 11th year of homelessness with a severely disabled low functioning son.
Self explanatory to see exchanges,replies, that have taken place this week far be it for me to take angle or several on it..
SHELTER letter attached .
No other private housing came on the market this week.
Blog for Geoffrey
Angus
Moira,
Many thanks for the e-mail. I attach a copy of a letter delivered to me by, the postman first thing this morning from SHELTER I assume you have received the same,I have been in Glasgow all day hence the late reply.
With respect,we have had no acknowledgement whatsoever, that the Council met on the 29th from you or anyone and all the details you list below is news,to us.This all looks great and we much appreciate the input.
So far as the people in Mull are concerned they had the planning, and the machines on site the government withdraw the funding,and it now seems major backtracking has taken place by the Government and reinstating the funding due to the furry vented by the population sadly I don't think I could whip up the same amount of compassion if our build went the same way.So its early days yet to assume that you can trust this government on anything these days and a surer way around the funding and build (all concerned 1st option until the Summer)would have let us raise the stake that the government are allegedly providing which we had a mortgage in place for.
Regards
Angus P.S.
Your last communication is as below
From: MacVicar, Moira
Date: 24/09/2010 16:23:26
To: 'A Files'; Robertson, Elaine (Councillor); Philip@westhighlandha.co.UK; Henderson, Julie; Devon, Mary-Jean
Subject: Meeting with Mr Files 30 08 2010 .docx
Dear All
Apologies for the delay in getting the minutes of our last meeting out to you all. Since then WHHA have had formal approval from the government and WHHA and the Council are meeting next week to sort out details of the project management.
As stated in the minutes emails will be provided to update all concerned on progress. If necessary a further meeting will be arranged.
Regards
Moira
From: MacVicar, Moira
Date: 08/10/2010 16:50:55
To: 'A Files'; Robertson, Elaine (Councillor); 'Philip@westhighlandha.co.UK; Henderson, Julie; Devon, Mary-Jean
Subject: Special Needs House Kilmelford
Angus
As previously advised the Council and WHHA met on 29th September to discuss the next steps.
WHHA are currently working with the solicitors on the draft tenancy agreement and when this is available we will arrange another meeting to go over it with you and formally advise you of the rent level which will be set for the property.
WHHA have instructed M&K Mcleod to apply for the planning and building warrants and you will be advised when these are obtained.
Unfortunately I cannot undertake to be able to provide you with weekly updates however I will ensure that you are provided with updates on progress when there is something to report. The contract progress will be monitored on a monthly basis by WHHA development committee.
I understand your frustration and concern given recent press articles about funding being withdrawn from other house building developments. However, this project has been agreed and is moving forward as planned.
I will contact you again to arrange a date for another meeting once I hear from WHHA.
Regards
Moira
Files Family Weekly Countdown 75
08/10/2010
This week our situation remains the same.
The wall of silence continues despite my requests of previous months for a weekly update.It seems that silence could be replacing the truth as the good people of Mull found out this week
Jobs go as unit put on ice .
So very similar to our own fiasco no wonder we have grave concerns about the integrity of our fantasy Autistic house build.
If the situation is so precarious with the Government is it not more sensible to cut ties with Scottish Government and let Lucy and I raise the stake the Government aren't going to provide based on the track record of this week .
No other private housing came on the market this week.
Blog for Geoffrey
Angus
Files Family Weekly Countdown 74
01/10/2010
This week our situation remains the same.
We received the following 16.23 on the 24/09/10 from ABDC
"Since then WHHA have had formal approval from the government and WHHA and the Council are meeting next week to sort out details of the project management.
As stated in the minutes emails will be provided to update all concerned on progress. If necessary a further meeting will be arranged."
Since then we have heard nothing, it seems that the build will be a reality and we can allow ourselves to hope that there will be actual visible progress in the not-too-distant future.
No other more suitable properties have come up for rent this week on the private market.
Blog for Geoffrey
Angus
Files Family Weekly Countdown 73
24/09/2010
This week our situation remains the same.
We are still in the same situation we were in 7 years ago when we registered with ABDC housing .
We have lived in private rented accommodation now for 10 years in total having no fixed abode .
We have had no permanent stable address for 10 years this means homeless for 10 years.
We have had not one property over the 10 year period fit for purpose to cope with Geoffrey and us.
We have in theory promise of housing but nothing else
We have no time frame for the theoretical build.
We have no further monthly meetings to discuss said theoretical build.
We have had no offer from any one in ABDC ,WHHA,or the Scottish Government of keeping us abreast of the situation as it /if it develops.
We have no central heating system,entering winter in this house (same as the last house ) that we can use or even if it worked could afford and a myriad of problems with this house and previous houses as detailed previously.
My one question is this: why the deafening silence ?
It would make a big difference to us to receive a weekly update by email even if, at times, the report is that "no progress has been made this week"? Is it possible for someone to undertake to keep us informed by weekly email?
No other more suitable properties came on the rented market this week.
Blog for Geoffrey
Angus
Files Family Weekly Countdown 72
17/09/2010
This week our situation remains the same obviously the Files family haven't suffered enough and we must be left to languish for a long time to come so it seems .The positioning, being adopted by the Council and WHHA is one of, no urgency and not to reply to my e-mails , with the monthly meeting cancelled Ill need a crystal ball at this rate to find out where and when I`ll have house to stay in fit for purpose.
Theoretically the house build is going ahead,in theory a grant from the Council has been awarded,in theory WHHA agree to all the terms this puts the ball back in the court of the Goverment.The facts are we are still in the same situation we were in 5 years ago ,no permanent stable address,no property fit for purpose to cope with Geoffrey and us,no time frame for said build,no further monthly meetings ,etc ..If the goverment are being so despondent,maybe the part buy route should be re opened?If we had followed that route as was being agreed previously all funds would now be in place and at the very least a planning application would have been lodged...of course to simple for some and we haven't suffered long enough.
Just to highlight the strain of living in rented properties that you can`t adapt in anyway to make a secure environment for Geoffrey this was brought home to us at the weekend past . Geoffrey escaped out through his bedroom window at 11.30pm luckily I was still awake and thought I heard a noise ,and sure enough he wasn't in his room when I bothered to check yet again (umpteen time that day night), I found the open window looked out of it and just seen him disappearing off down the lane,luckily I got him back by this time he was in the middle of the main road stepping on the painted lines heading to Lochgilphead in his pyjamas.If this had happened at the previous house we rented on that blind corner he would have been flattened as many a squashed Deer had been.
The house up the road from us is under offer the woman last week looked at our house and the one up the road luckily for us she has put an offer in for the other house, link here .To our relief another house on The Glebe has come up for sale which takes a bit of the pressure from us .
No other more suitable properties came on the rented market this week.
Blog for Geoffrey
Angus
Files Family Weekly Countdown 71
10/09/2010
This week our situation remains the same.
We had another viewing of our domicile this week .No progress from the Scottish Government which is strange as I remember from the meetings we had being told "that the Scottish Government turns these things decisions round in days" well not in our case it seems.
I was informed this week that "MacLeod’s have instructed their Architects to do the pre-application consultation with the planners, and also give them an indication of costs for preparation of drawings etc " this appears to be some movement is taking place .Although we welcome this movement it also is a bit of a disappointment as I had assumed that this pre-consultation would have taken place years ago based on the fact that I have seen various drawings with detailed plots surrounding the property we are meant to be having built this in turn means that all the drawings done to date are just pie in the sky and done without consultation with said planners.
I do get the feeling that prevarication, is at home sense and urgency seem to be sunning themselves on some beach somewhere ..can anyone hurry things along a bit please.
No other more suitable properties were available for rent this week.
Angus
Files Family Weekly Countdown 70
03/09/2010
This week our situation remains the same.
The meeting mentioned below took place( Monday the 30th at 12 noon ,WHHA building) WHHA and the Council are awaiting formal written agreement from the Scottish government.Informally everyone is hopeful that this shall happen.WHHA have also agreed to instruct the building firm to go forward with obtaining building warrant ,planning consent etc.
No other more suitable rentable properties came on the market this week.
Files Family Weekly Countdown 69
27/08/2010
This week our situation remains the same.
No news this week but just to confirm arranged meeting for this Monday the 30th at 12 noon ,WHHA building.
No other more suitable properties came on the to let market this week.
Angus
Files Family Weekly Countdown 68
20/08/2010
This week our situation remains the same
Nothing to report last week hence the absent weekly e-mail.
We received a letter this week confirming grant funding from the Council as attached which is self explanatory.Hopefully next week we will have some idea if, the Scottish Government are willing to support the funding plan proposed by WHHA ,ABDC and themselves, and an indication of when the build shall start if it will.
No other more suitable properties came on the market this week.
Angus
Files Family Weekly Countdown 66
06/08/2010
This week our situation remains the same.
Nothing to report last week hence the absent weekly e-mail.
The Strategic Housing Committee and the Councils executive members are to meet next Thursday the 12th hopefully we shall have good news from the meeting.
This week another viewing of the domicile we rent was arranged for yesterday at 3pm but at the last minute the viewer cancelled as below .
Dear Mr Files,
Please be advised that this appointment has now been cancelled.
I have left a message for Gary to advise of this.
Kind regards
Rachel.
No more suitable properties to rent have come on the private ,market this week.
Angus
Files Family Weekly Countdown 64
23/07/2010
This week our situation remains the same .
We have had no contact with anyone and have nothing to report .
No more suitable private letting's are available this week either.
Angus
Files Family Weekly Countdown 63
16/07/2010
This week our situation remains the same.
A meeting was held 12/07/10 in the WHHA building .It was announced at the meeting that various government ,Council bodies et-al have decided that a rent only route will be plausible for all bodies concerned in providing us with the house to be built at Kilmelford, and that the LIFT option is not an option that would provide us with a house suitable to our sons Autistic needs.We are happy if the build goes ahead as we were 3 years ago when Janet Crook first offered us this rent only option this will give us the proper house to manage our son.We understand that the official decision on our build shall be approved hopefully on the 12/08/10 by The Executive Committee Members of ABDC.
We had a viewing by an interested party of the domicile we live in(attached) and the viewer has expressed a keen interest in the house that we currently reside in .Technically this would give us 8 weeks to depart from this property if the interested viewer decides to purchase this property We have not heard back from our landlord whether the viewer is buying ,no news is good news .
No more suitable properties have dome on the local ,market this week.
Angus
Files Faamily Weekly Countdown 62
09/07/2010
This week our situation remains the same.
Our mortgage can go no further until we receive" Documentation regarding Governments contribution to deposit" and shortfall .
No other properties have come on the private housing market.
Angus
Files Family Weekly Countdown 61
03/07/2010
This week our situation remains the same.
Nothing to report back with ,and no change to report,to our housing situation than I had 5 years ago.
The housing private market remains the same and no alternative housing has come up for rent.
Angus
Files Family Weekly Countdown 60
25/06/2010
This week our situation remains the same.
The e-mails below are self explanatory ,between Donald Mac Vicar and myself copying in
Allan Reid MP, Jim Mather MSP, Kenneth Mac Coll, Secretary to Jim Mather MSP
This week ,which I never thought would be possible even more Council /Government bodies are being involved and asked for their tuppence worth (3 more this week)on our horrendous housing situation ,how much does this bureaucratic prevaricating process cost in wages and correspondence between all?I'm sure the bill for all involved over the past 6 years must eclipse the total build of my house.
No more suitable housing has become available on the private letting market.
Angus
From: A Files
Date: 25/06/2010 00:00:11
To: D Mac Vicar
Cc: Jim Mather; Mr Alan Reid MP
Subject: RE: RE: Strategic Housing Fund
Dear Mr Mac Vicar
Many thanks for your reply and for clarifying that this Housing Investment Manager works for the Scottish Government.
We have now been 6 years plus seeking a solution to our housing dilemma albeit you have only recently taken the reigns of the budget from your predecessor Mr Malcom Mac Fadyen .
I am very pleased to learn that our case is in some way under review by the Scottish Government,indicating a time scale for a solution we hope ,although the lead time for completion of this review does seem rather lengthy. By comparison when we explained our situation to our Financial Advisors and provided the details of our funding I.e. DWP interest paid on mortgage letter,Council Grant £84K, LIFT , plans, costs, location, build time-scale etc to our mortgage brokers they had a mortgage promise the very next day?
I just wonder why it takes the governments and Councils so, so long to administer a deal like this when 20 year olds on the end of a phone working for zero can broker £89k deals within 24 hrs.
Regards
Angus
-------Original Message-------
From: MacVicar, Donald
Date: 24/06/2010 13:40:04
To: 'A Files'
Subject: RE: RE: Strategic Housing Fund
Dear Mr Files
We should have a clear view on the review outcome in the week ending 9th July. As you may expect, I can’t really make any comment on HR issues in the Scottish Government.
Regards
Donald MacVicar
From: A Files [mailto:angusfiles@btopenworld.com]
Sent: 23 June 2010 22:52
To: MacVicar, Donald
Cc: Jim Mather; Mr Alan Reid MP; kenneth.maccoll@scottish.parliament.uk
Subject: RE: RE: Strategic Housing Fund
Dear Mr MacVicar
Thank you for your email. I am very interested in what you say about the new Housing Investment Manager. Am I right in assuming that she has been appointed by the Scottish Government ? (I.e. Not by Westminster). Also, was there any indication of how long her review of the financial package would take?
Kind Regards
Angus Files
-------Original Message-------
From: MacVicar, Donald
Date: 23/06/2010 11:05:18
To: 'A Files'
Cc: Jim Mather; Mr Alan Reid MP; Kenneth.maccoll@Scottish.parliament.UK
Subject: RE: RE: Strategic Housing Fund
Dear Mr Files
I appreciate your concerns but I am unable to amend the Council’s programme of committee meetings. The Government has recently appointed a new Housing Investment Manager for this area and she was involved in a discussion about your case last Friday and is reviewing the financial package. The outcome of this, from affordability and value for money perspectives will then shape the detail of the contribution that would be sought from the Council. I can assure you that every effort will be made to achieve an effective solution to your family’s housing needs.
Regards
Donald MacVicar
From: A Files [mailto:angusfiles@btopenworld.com]
Sent: 19 June 2010 10:44
To: MacVicar, Donald
Cc: Jim Mather; Mr Alan Reid MP; kenneth.maccoll@scottish.parliament.uk
Subject: Fw: RE: Strategic Housing Fund
Dear Mr MacVicar
Could you please reconsider bringing the meeting forward or calling a quorum as I have a most urgent need to move our housing situation forward. May I remind you that my family lives with the constant threat of homelessness should our present dwelling be sold and there is to be another viewing of the property we live in this week by a potential buyer.
We are at present in the middle of June so the meeting of the Council Executive is nearly 2 months away. This delay is critical especially in view of the fact that M & K MacLeod could have the house built within a maximum of 6 months if the funds were once in place. I cannot understand why an emergency meeting of your committee might not be convened.
Yours Sincerely
Angus Files
CC Allan Reid MP
CC Jim Mather MSP
CC Kenneth Mac Coll, Secretary to Jim Mather MSP
-------Original Message-------
From: A Files
Date: 18/06/2010 10:35:45
To: D Mac Vicar
Subject: RE: Strategic Housing Fund
Dear Mr Mac Vicar
Many thanks for your reply ,this is very disappointing .My case is very well known to everyone and nothing has changed over the past 5 years.
Would the resources not be better spent actually having the meeting brought forward .
Regards
Angus
-------Original Message-------
From: MacVicar, Donald
Date: 18/06/2010 10:10:35
To: 'A Files'
Subject: RE: Strategic Housing Fund
Dear Mr Files
I can confirm that the next Council Executive meeting is in August as there is a recess in July. I have arranged for a report on your family’s case to be considered by my senior colleagues in Community Services within the next couple of weeks in order that a report can be submitted to the Executive if required.
Regards
Donald MacVicar
From: A Files [mailto:angusfiles@btopenworld.com]
Sent: 17 June 2010 10:11
To: MacVicar, Donald
Subject: Strategic Housing Fund
Dear Mr Mac Vicar
Sorry for writting but I believe Mr Kenneth Mac Coll has wrote to you on behalf of Jim Mather requesting that the scheduled Strategic Housing Fund committee meeting be brought forward rather than keeping myself waiting until August for a decision on our request for funding.
Could you please advise if the meeting is being brought forward.
Yours Sincerely
Angus Files
Files Family Weekly Countdown 59
18/06/2010
This week our situation remains the same.
I have today received a reply from Mr Mac Vicar of the Strategic Housing fund that the meeting shall not be brought forward rather than the scheduled meeting in August and another Community Services reports is be going to be carried out ,as below.
Dear Mr Files
I can confirm that the next Council Executive meeting is in August as there is a recess in July. I have arranged for a report on your family’s case to be considered by my senior colleagues in Community Services within the next couple of weeks in order that a report can be submitted to the Executive if required.
Regards
Donald MacVicar
I have replied ..
Dear Mr Mac Vicar
Many thanks for your reply ,this is very disappointing .My case is very well known to everyone and nothing has changed over the past 5 years.
Would the resources not be better spent actually having the meeting brought forward .
Regards
Angus
Although we are very appreciative of the Councils appearing to be doing something and talk of generous grants nothing else has happened over the past 5 years as said to me by a government official "talk is cheap" and it seems that all concerned just prefer to talk,and talk and talk.
A few things that perplex me are for instance is a shared equity solution the owner does have to find at least 51% of the value. So for us that means £122,400. The difference between the amount on the mortgage promise, and the amount you need to raise could be made up by a loan from another source, including the Council. The DWP would meet the interest charges. The fact that the Council hasn't made a loan of last resort since the 1980's, doesn't mean they can't now. Rather than the Strategic Housing Investment Fund making a grant, it would be better making an equity loan - which would mean it would get the money back in due course. Another option, which could enable us to take out a loan from an ordinary lender for the full 122,400, could be if the Council was prepared to act as a corporate guarantor.
49% of the valuation would be circa £117k, and I cannot understand why the Scottish Government is not committing this level of funding under allowed exceptions. What is their logic for setting it at £80K? If they agreed the ordinary 49/51 split, and A&B are contributing £82K in private sector grant (which is a fantastic contribution) then in effect the shortfall is our shortfall in the requried equity contribution - in the region of £35k. Some creativity would then be needed to find ways of finding this sum (see 2 above). Scottish Government deciding to limit the equity stake to 41% seems arbitrary.
No further more suiatable Private rents have appeared on the market.
Angus
Files Family Weekly Countdown 58
11/06/2010
This week our situation remains the same .
A meeting was held yesterday in the WHHA building. At the meeting we learned that the maximum the Scottish Government will contribute to the financing of the house build is £80k which leaves a shortfall of £64k. In our opinion this offer is entirely inadequate amounting, as it does, to only 55% of the £144 000 required. The Scottish Government has been kept in the loop throughout the process of planning and costing this build. The amount of funding required can hardly have been a surprise and it is disingenuous and shameful on their behalf to offer such an ineffectual amount.
I am always hearing about lack of budget and lack of funds available. May I ask why it is that in last weeks Oban Times there was an article stating the ABDC can apparently airily write off £50k to the bankrupt Airport at Connel ? I quote from the article headlined
"Failed airline owes council £50,000" as follows ".....a spokeswoman said:'Of course we are concerned when any organisation which owes us money is in financial difficulty and potentially unable to pay. However,£50,000 whilst a significant amount, is only some 0.02 per cent of the council's overall budget and we are confident that we will be able to manage this situation.' " !!! Shameful!
I also believe the council bailed the airport out with 4 million pounds before this to get it up and running although I suppose this is beside the point.
If the Council can write off 50k at a blink why the prejudice against us ? Could the Council grant be increased to help cover the costs? After all we are only looking for "around 0.02 % of the budget" and the build could go ahead. We have given up our lives and well-paid careers to look after Geoffrey ,saving the Council 287k in full time residential care each year plus expenses for travel etc. Geoffrey was vaccine damaged for the better good of the population (governments' speak) so why aren't the same governments that caused the problem tripping over themselves to help...with housing, with medical care,etc when the opposite is what really happens ? I could go on....
This now leaves us to apply to the Strategic Housing Fund for the shortfall (attached page 2 box 2) so we have now gone full circle and are right back where we were 12 months ago having ticked only a few extra boxes along the way. The next Strategic Housing Fund Committee Meeting is not until August. I have written to Jim Mather MSP asking him to write to Mr Donald MacVicar who heads the fund, to request that an emergency meeting be convened possibly even the expeditious assembling of a quorum to make a decision on our application before the scheduled meeting.
The Scottish government have also stated to Philip Wilson WHHA "that they don't care where the remainder of the money comes from" No, I bet they don't!! To this end I was asked at the meeting to write to charities asking for help. I have done this before when I applied to 58 charities in total and I received 28 replies, some of which I have copied at the end of this e-mail and all of which say no. I shall, however, approach as many charities as possible again .
My mortgage application was discussed and I raised the issue in an e-mail to Moira during the week that it might be the scenario that we would have to apply for a "mortgage of last resort" from the council if for any reason my mortgage provider The Halifax withdraws their offer. An e-mail was read out from ABDC stating that they have not given a mortgage of last resort since the 1980`s and in attempt to lessen the spend of the Council it would not see a mortgage to us as an option. This is ludicrous just because the Council is short of cash (questionable since it can write of £50k to the Airport) doesn't lessen its responsibilities to us and others in the community.
I remind everyone concerned that at previous meetings I have been asked if I was pleased with the way things were going and at times individuals seemed annoyed and disappointed to get a less than enthusiastic response from me. Well the suspicion that matters would come to this is exactly why.
Can any of you imagine the psychological torture for Lucy and I of being involved in drawing up plans for a home that would make our lives unimaginably easier right down to actually having to pick floor coverings, only to be effectively told that it can't go ahead again?
Another meeting has been arranged for Monday the 12th of July 10.00am WHHA buildings.
No other more suitable properties came on the market this week for rent.
Angus
SOME OF THE REPLIES FROM CHARITIES REGARDING HOUSE BUILDING
Thank you for your email. I am sorry to hear about your problems but unfortunately the National Housing Federastion is unable to assist as we are not a grant-giving body and in any case our brief does not extend to Scotland. You are of course entitled to seek support and assistance from your local authority and it may well be that there are charitable bodies that would be able to help.
I hope you are successful in securing the best possible outcome for your son in these difficult circumstances.
John Bryant
070116
With regard to your recent enquiry, Leonard Cheshire has unfortunately never been an organisation that provides funding. Our resources are fully committed to supporting disabled people who use the services of Leonard Cheshire’s residential homes, care at home services, independent and semi-independent living schemes. Sadly, we are not in a position to consider requests for support from elsewhere. However, I have attached a list of addresses and publications that may be of use to you, the publications listed may be available in your local reference library.
I also recommend that you contact your local disability advice centre, who will be able to advise you generally on benefits and financial resources which may be available to you locally, and who can help you to make sure that you are getting appropriate levels of support from your local authority.
I am sorry that we are unable to help you more directly, but I hope that this information is helpful to you and I wish you every success in finding the support that you need.
Kind Regards
Mrs Loraine Syms
Information Resources Assistant
Leonard Cheshire
30 Millbank
Dear Angus,
Thank you very much for your enquiry.
I am sorry to hear about the trouble you have been having in
Building/purchasing a house. I understand it must be very frustrating
For you.
Unfortunately, Capability Scotland no longer has a welfare fund which
You could apply for, so I'm afraid we wouldn't be able to help you very
Much in this case.
I have done a Funder Finder search for you, the results of which are
Below. As you can see, most of the charities we have on our database
Only deal with relatively small amounts of money, instead of the one-off
Sum which you require, so I'm not sure how much help they will be.
I am also attaching some information on how to apply to trusts.
I wish you all the best in your search for funding.
Many thanks,
Avril Conacher
ASCS Advice Worker
Dear Mr Files,
I am sorry to hear of your difficult life – my best friend has a 14 year old severely autistic son, so I do have some idea of the enormous difficulties you are facing. I am sorry to say, though, that we are not able to help you. Firstly this Trust is not a grant giving organisation and secondly, we can only provide rental housing for ex-Service people in housing need. Although you have Service connections, you don’t appear to have been in the Services yourself, therefore you would not be eligible to apply to us for housing.
I do wish you all the best in trying to achieve the shortfall you need in order to buy your own home. Have you thought of getting your local paper to do a feature on you – you never know, the Oban community may help raise the shortfall.
I am sorry not to have been more positive in my reply.
Yours sincerely
Anna MacLeod
Dear Angus Files,
I acknowledge receipt of your e.mail dated 13th January 2007 concerning funding for property ownership.
Help the Aged gives grants to community groups, not to individuals, and does not give financial advice so cannot help you with this query.
You may like to contact the following two organisations who may be able to assist you :-
Charity Search
25 Portview Road
Bristol BS11 9LD.
Tel. 011798 24060
Thank you for your email and I apologise for the delay in replying. I regret that Outward is unable to offer you and your family assistance. We are a registered charity (not a housing association) based in north east London and only work with adults. I wish you all the best in your search.
Dear Mr Files ,
I am sorry to tell you that Golden Lane Housing would not be able to finance the shortfall presented in the example you have presented below ..
Currently we do not house families nor are we are grant giving charity ..
GLH is part of the Mencap Group of Charities and currently we do not work in Scotland .
You must be aware of Enable http://www.enable.org.uk/ that operates in Scotland .
They may be a source of grants or help that you are looking for .
Yours sincerely ,
Brian Shortall
Golden Lane Housing Ltd
Housing Consultant
Golden Lane Housing
Mobile : 07796 155 28
Dear Angus,
I would like to thank you for the information we have received regarding your plans.
Despite the obvious merit of your activities, we do not accept unsolicited proposals or requests for funding. ARK researches themes and geographical areas where we are able to have the most impact. We then work with one or two organisations, developing long-term programmes.
We sincerely appreciate hearing about your plans. We are always interested in learning about the work being done by others also looking to improve the lives of children.
We wish you the best of luck in finding funding.
Yours sincerely,
Victoria Martin
Victoria Martin
Programmes Assistant
ARK
020 7395 2050
15 Adam Street, London, WC2N 6AH
Your previous letter reached me by a roundabout way and I must introduce myself. I am Trevor Spencer, Registered manager for a supported living service in Glasgow. While I can fully understand your difficulty and am sympathetic to your plight we are unable to be of any direct assistance at this time given the age of your son. I deal with adult services and would be happy to help in the future and in any other way I can to help you plan ahead.
At present my only advice to you would be to look at the possibility of sending your son to Daldorch residential school. As for funding, the power of the parent is very strong and it is the local Authorities duty to ensure that provision is made if that is the route you so choose. The only other advice can offer is that you approach lcal businesses that may help in exchange for a little publicity.
Please don't hesitate to contact me if I can be of any assistance in the future
Regards
Trevor Spencer
NAS
0141 221 8090
Hello Angus
Thank you for contacting The Guinness Trust. However, I regret to inform you that we do not cover Scotland.
Regards
We are writing regarding your recent enquiry. We have checked various sources of grants for individuals in need but are unable to suggest any such organisation who might be able to assist you in raising the shortfall required to obtain a mortgage.
You may wish to consider an application to Home Argyll which is a partnership of housing associations in Argyll. You only need to complete one application and, as your property is unsuitable for your son's needs you will receive extra priority. Their website, for further information, is www.homeargyll.co.uk or you can contact any one of the housing associations. Alternatively you can contact the homelessness officer at Argyll & Bute Council, for information.
If we can be of further assistance please contact us.
Phone: 08456 123808
Fax: 08456 123809
Dear Angus,
Thank you for your enquiry to The National Autistic Society.
I am sorry to hear about the difficulties that you have experienced with getting suitable housing. I am afraid we do don't provide grants for housing development costs.
I believe that my colleague sent to you previously information for funding for home improvements which I hope you found useful. In Scotland there are Home Improvement Grants that are available from the Housing Authority to help with adaptations if you are a homeowner or private tenant.
There is a mandatory improvement grant to provide the standard amenities to meet the needs of people with disabilities. Examples of these amenities are providing a washbasin with hot and cold running water, a toilet and a fixed bath or shower with hot and cold water supply (if the house does not already have one). If the house already has these standard amenities but they don't meet the needs of the person with the disability, then you may still get this grant.
There are also discretionary home improvement grants of up to £20,000 that are available to people with disabilities. Similarly to the DFG, you will need to show that the person with the disability will be living in the house for at least five years following the adaptations.
You should ask your local authority for a copy of the booklet titled, 'Housing Grants' which is produced by the Scottish Executive. If you are a council tenants or Scottish homes tenants you should approach your landlords for help with adapting their homes.
If you are unable to get this grant you could also write to the chief executive of your local authority to voice your concerns and also contact your MP.
I hope this is of help
Kind Regards
Paula
Helpline Adviser
NAS Autism Helpline
0845 070 4004
autismhelpline@nas.org.uk
www.autism.org.uk
Files Family Weekly Countdown 57
04/06/2010
This week our situation remains the same.
We have received a "mortgage promise " from the Halifax this is available to us until 4th of December 2010.
All being well I would hope that we can now make an application to the Scottish Government for funding approval.
No other suitable housing is available to rent on the private housing market.
Angus
Files Family Weekly Countdown 56
28/05/2010
This week our situation remains the same.
We have received ABDC grant approval from Mr Ian Davidson this week as attached.
I am now in the process of confirming a mortgage and amount realisable.
No other more suitable rented properties have become available.
Angus
Files Family Weekly Countdown 55
21/05/2010
No change to our situation this week.
We have nothing to report back with after last weeks submission to ABDC and WHHA for funding.
No other more suitable rented properties have become available either.
Angus
Files Family Weekly Countdown 54
14/05/2010
This week our situation remains the same.
Our application for grant funding was also handed into Kilmory last Saturday the 8th .
Our Ownership Options mortgage financial adviser Gail,is on maternity leave "baby due date imminent" I am seeking other mortgage solutions just incase we need them quicker than Gail can provide them.
No other more suitable private lets have come on the housing market this week.
Angus
Files Family Weekly Countdown 53
07/05/2010
Our situation remains the same.
Our meeting was held 06/05/10, 10.00am in the WHHA buildings.
Present Councillors Mary Jean Devon,Elaine Robertson,Julie Henderson,Marie Mac Vicar,Ian Davidson ,and Phillip ..
Costings from the builder were presented and were approved by all with flexibility to adjust either way.
This in turn allowed us to submit costs to a mortgage financial adviser based on the figures provided, to our Ownership Options Mortgage Financial Adviser.
I await a response from the Financial Adviser and whatever further detail if any, they, may require further than has been supplied so far.
I also hand delivered in the afternoon 06/05/10 2.00 PM my completed LIFT application F.A.O. Phillip ,pending mortgage valuations.
I await Mr Ian Davidson's grant fund application form not received yesterday in the post 06/05/10 .
No other more suitable properties have come on the private sector market to let.
Angus
Files Family Weekly Countdown 52
30/04/2010
One year on since we started posting on here and our situation remains the same (Week 1 copied at the end of this e-mail.)
This week matters have remained the same and I have no new developments to report.
No new houses have come onto the private rent sector more suitable than the one we are in just now.
Next Thursday May the 6th (election day) a meeting has been arranged for 10am WHHA buildings.
Angus
COPIED FROM WEEK ONE BELOW
Subject: Weekly count down 1
This week we have received six replies which give the general pro-active ,measures so far, .
1/5/2009 The first from J H OT saying a meeting was being held with WHHA , regarding another matter J is involved in and she would raise our on going predicament with them .
4/5/2009 A reply from J M MSP saying he was forwarding details of our situation to K MacC Chairman WHHA/NHS Highland, The Communities Minister and The Public Health Minister in attempt to put officials together to achieve optimal outcome for all concerned .
5/5/2009 An acknowledgement from D H `s secretary of forwarding our e-mail to M Mac F ,for his attention.
5/5/2009 A reply from J C , with the points, "Our technical officer G S had already carried out an initial assessment of the proposed costs which M has. It looks as if the contribution required would be of the order of £50-£60,000" " and also, "..we met M MacF last week and (information has been) put forward to him information he requested concerning your case". "Gordon is on leave this week but on his return he will do a full detailsed calculation and send it onto M."
7/5/2009 A reply(attached) from Mr B M ACHA referring us back to ABDC / Homeless Services attached.
8/5/2009 And last but not least, today from M Mac F confirming J C position above. On Tuesday of this week I made an appointment with the ABDC Homeless Services dept, for Monday of next week at 11.30am, after taking advice from SHELTER, .According to SHELTER we should have been on the Homeless List from the start as we have been living in accommodation not suitable to our needs and below the tolerable standard pointed out to all on various visits by housing officers and in e-mails.
Many thanks to all involved and we look forward to the coming weeks with a bit more hope than we had last week.
A and L
Files Family Weekly Countdown 51
23/04/2010
This week our situation remains the same.
We had a meeting with G`s OT yesterday and all the detail that we could further detail was detailed to the best of our ability this is to be sent to the Architect and the builder..
We never seen any more suitable properties this week available for rent.
Angus
Files Family Weekly Countdown 50
16/04/2010
This week our situation remains the same,
A potential purchaser of the house was expected to view our domicile yesterday but cancelled at the last minute,which was a relief for us .
The week has been spent adjusting the OT's advice/recommendation as required on things like:
Is safety glass needed over and above the standard places - if so, then the OT & us need to spell this out which we shall do..
For things like door hinges etc. - all we /OT should need to do is what we've already done I.e. State that all doors in the property need to be very securely fixed into the door frames.
I've also attached for everyone's information a guide for housing providers on housing people with autism - just launched a few weeks ago by
Glasgow City Council.
Angus
Files Family Weekly Countdown 49
09/04/2010
This week our situation remains the same.We had a meeting with Mr Philip Green(WHHA ) Moira,Julie and Elaine yesterday and appreciate the effort being put in on our behalf.
Moira confirmed that the government department concerned has given an assurance that this project can be contained within the programme, which is good news.
The out come from the meeting was that the detail has to be more detailed which is fine for all concerned but effectively puts us back to where we were in August 2009 when detail was asked for ,a way back then .Why a Bill of Quantities wasn't drawn up at that stage leaves me somewhat confused as that is what is effectively being asked for now and the task being put onto the OT and myself and not a qualified Estimator/Quantity Surveyor which if its a legal document and such minute detail is required a qualified Estimator/Quantity Surveyor should surely be a prerequisite.
The ground still has to be valued by the District Valuer previously priced at 30K.
A house price comparison also has to be done a typical house compared to the adapted house .
The house plans will have to be more detailed .
A Bill of Quantities shall have to be drawn up detailing the specific items of the drawings types of locks,shuttering etc.
The downside is the time it will take to acquire the detail estimated by Mr Green to be achieved" before October" (2010 I assume) .After this the house detail would be sent for government and Council approval and who pays for what, determined.All being well planning consent on top of "a build time of 5 months " best we will still be homeless in over a years time based on the time scale discussed yesterday with Mr Green.
Another meeting has been arranged for May the 6th at 10am WHHA offices.
We never seen any more suitable properties this week available for rent.
Angus
Files Family Weekly Countdown 48
02/04/2010
This week we have received costings for the house from our OT via the architects.The ground has to be valued later then funding will be sought from all the different government departments and ourselves.This is encouraging and gives us a step forward again.
No other more suitable properties came onto the private sector renting this week.
Angus
Files Family Weekly Countdown 47
26/03/2010
Frustratingly enough our situation remains the same despite daily e-mails from the OT to the firm of Architects attending to the costing all falling on deaf ears.Can anyone suggest a way round this as its blatant negligence by the architects for not attending to this costing with more expedience.
A viewing took place of our domicile last weekend by a lady whom is interested in buying it whether this comes to fruition or not I don't know as she has a property to sell first.Needless to say we took the lease up on the 9th of September 2009 which means we could be looking for a property again with eight weeks notice if she or anyone does decide to buy the property .
No other more suitable properties have come on the market this week more suitable to our needs.
Angus
Files Family Weekly Countdown 46
19/03/2010
This week our situation remains the same .Sad to say the speed in obtaining the drawings is now being lost due to the costings not being done.We have people coming round on Saturday to view the domicile we live in just now.
No other properties on the private rented market are more suitable than the house we rent just now.
Angus
Files Family Weekly Countdown 45
12/03/2010
This week our situation remains the same and shall do until such time we receive the costings .All is being done to receive these costings and the matter is out with the control of the Council OT et-al .At our meeting this week with Mr Mac Fadyen it was discussed that funding shall be partly organised through WHHA this we welcome.
No other more suitable properties have come on the market for us to rent.
Angus
05/03/2010
Files Family Weekly Countdown 44
This week our situation remains the same with no further news to report.
No other more suitable properties have come on the market for us to rent.
Angus
26/02/2010
Files Family Weekly Countdown 43
This week or situation remains the same.
We had a meeting with Geoffrey's OT to discuss plans for the house at Kilmelford. Following this meeting several e-mail exchanges took place between the Architects and the OTand, remarkably, a finalised plan was agreed within 7 days and sent off for costing. Many thanks to Julie Henderson who has been extremely efficient, thorough and quick.
We look forward for the return of the costing which will enable us to go forward again a step forward.
No other properties have become available on the private rented market that are more suitable to our needs than the property we currently rent.
Angus
19/02/2010
Files Family Weekly Countdown 42
This week our situation remains the same with no news to report.
No other more suitable properties have come on the market for us to rent.
Angus
12/02/2010
Files Family Weekly Countdown 41
Over the past week we have had two potential purchasers of our domicile our landlord to date has received no offers"and we will be the first to know" if he does.
I had my monthly meeting with various members of ABDC to discuss the way forward .
For the first time in a while I am heartened to say that matters seem to be progressing towards the individual build coming to fruition.
WHHA have agreed for the drawings to be amended and details have been forwarded from us to the OT for inclusion in the revised plans to be drawn up by the architects.
Many thanks to Mr Mac Fadyen and his team , councilors and all involved.
Angus
05/02/2010
Files Family Weekly Countdown 40
This week our situation remains the same.
We have just had the OT out and a revised drawing of the plan for the house shall have to be done with various adaptations,different sizes of rooms,windows etc,the square meterage of the house shall remain the same .The design of two storey shall remain which is cheaper than a bungalow square meterage price saving on roof ,foundations,trusses etc compared to the sprawling bungalow costs.
The potential buyer for our domicile 14 The Glebe was meant to take place during the week this was cancelled due to the weather the potential buyer is waiting for the weather to clear before travelling down from up North to view the house.We have another potential buyer for 14 The Glebe coming round this Saturday at 4pm as arranged via a phone call from our landlord on Tuesday.
No other properties have been available this week on the private housing to let market.
Angus
29/01/2010
Files Family Weekly Countdown 39
This week our situation remains the same.
Mr Mac Fadyen seems to be waiting to hear back from the OT and report the OT`s findings at the next meeting .To expedite the process now,if it is necessary to wait for each meeting to get documents approved maybe we should revert to fortnightly meetings. I think group e-mails would suffice what we are doing just now.
Our Landlord at 14 The Glebe has people coming round to view this property next week we shall let you know how that goes.
No other properties have come onto the rented market suitable to our needs.
Angus
Files Family Weekly Countdown 38
22/01/2010
This week our situation remains the same
Various e-mails have come back and forth and the Council et-al seem to be checking and re-checking various options that were highlighted in our previous application.This is all to the good so far as I can see and welcome the approach being shown by Mr Mac Fadyen and Moira Mac Vicar.
No other more suitable private lets have come onto the market.
Angus
Files Family Weekly Countdown 37
15/01/2010
This week our situation remains the same.
I attended the site meeting at Kilmelford and had the meeting with Mr Mac Fadyen et-al on the Tuesday .The professional outcome being , the houses at Kilmelford lacked privacy ,size and other important detail.
Mr Mac Fadyen has decided to go back and inform the Government of this weeks developments and seek a way forward from them for "a detached house of some description".
The next meeting has been arranged in the Library on the ground floor of the WHHA building on the 9th of February at 10.30am anyone wishing to attend please do.
No other more suitable private rents have come on the market this week.
Angus
Files Family weekly Countdown 36
o8/10/2010
This week our situation remains the same .
We have a viewing arranged for the houses at Kilmelford as below arranged by Moira Mac Vicar
"
We have managed to arrange with the OT and the Social work Manager that they are available to visit the site at Kilmelford on Monday 11th January at 11.30am and hope that you will be able to join us to see if there are options which could be developed to meet your family's housing needs. I have obtained copies of plans and house types from West Highland Housing Association and will bring them along."
Attached is the previous drawings and costs agreed by WHHA,Scottish Government, et-al only balked at by ABDC .The attached designs which it is reasonable to say bear no resemblance to the houses at Kilmelford being built by WHHA at present and for viewing and adaptation suggested by ABDC.
The house designs for sale St Kilmelford can be seen on line by clicking
Here .
We also have a meeting with Mr Malcolm Mac Fadyen on the 12th of January at 12 noon.
Anyone wishing to attend the above meetings please do.
No other properties have come onto the private sector for rent this week.
Angus
Files Family Countdown 35
02/01/2010
Happy New Year.
This week our situation remains the same.
No suitable properties have come to our attention on the private market.
Angus
25/12/2009
Files Family Countdown 34
Happy Christmas to all.
This week our situation remains the same.
No other more suitable properties have come to our attention.
Angus
18/12/2009
Files Family Countdown 33
This week our situation remains the same.
I attended a meeting yesterday with Mr Mac Fadyen ,
The houses currently under development at the Glebe , are to be explored again . This does take us right back to our starting point a few years ago when we first asked WHHA to consider us for accommodation in one of the houses in the new build Kilmelford.
Our original request was for one of these new builds taking into account Geoffrey's autism based on the myriad of reports from Child Care Professionals of his needs.. We were told after the offer from WHHA that this was not to prove a viable proposition and it was WHHA who suggested then that a house be purpose built on the piece of ground lying at the cul-de-sac between house numbers 19 and 20 The Glebe but at the same time ask ACHA to whatever spare grounds might be available from the newly transferred housing stock.This involved looking at a site in Kilmore,(land locked)Croft Road Oban , Bonawe, North Connel ,Dunnollie Oban, we accepted Croft Road in Oban but ACHA stated that the size of plot required for Geoffrey was out with the Governments guidelines for individual houses and the return in rent would not generate the income required for his plot.Needless to say WHHA hit the same scenario when they tried to include us in the the houses currently under development at the Glebe .Kindly M&K offered the site between house numbers 19 and 20 The Glebe for a price of 30 k (a house plot for 30k in Argyll & Bute un heard of) building plans ,costings ,had been previously agreed by the Scottish Government ,WHHA,et-al and the only balking point is and was ABDC .
It appears that we have now gone full circle and are about to round the mulberry bush once again ,.
Angus
-------Original Message-------
11/12/2009
Files Family Countdown 32
This week our situation remains the same.
A meeting has been agreed with Mr Mac Fadyen for the 17th in Oban but no time venue,or agenda for the said meeting being confirmed to date by Mr Mac Fadyen.
No other suitable properties have come up to rent.
Angus
04/12/2009
Files Family Countdown 31
Today at 12.30 noon we would have been required to vacate Home Farm Kilninver our previous private let this is the extension date we brokered (Family Weekly count down 3).
To date the Council have still not supplied any suitable accommodation and only argue on reasonable offer.
If we had not taken on the private lease at Kilmelford we would now be on the streets while a pot of money of 11 million pounds,(Strategic Housing Fund) sits and does nothing controlled by Mr MacFadyen! How negligent is that?
Attached and copied below is our appeal decision. This is typical of the council, to continue argue reasonableness of the offer then contradict themselves in the last paragraph by stating they will allow two more offers. So, in effect they are agreeing that the first offer is not a reasonable one due to possible helicopter noise, but not actually admitting it. Anyway, the outcome, however it was handled, appears favorable and that they owe a duty to us for two further offers.
No meetings have been confirmed with Mr Mac Fadyen who puts the delay down to his colleagues' tardiness in replying back to him with dates that they are available.
No other properties have come up that are more suitable than the house we live in just now.
Angus
Argyll and Bute Council Comhairle Earra Ghaidheal agus BhOid Community Services Director: Douglas Hendry Community Services WHHA Building, Crannog Lane, Oban PA3I 8ST Telephone: 01631 572184 Fax: 01631 572190 Our Ref: Your Ref: If phoning or calling please ask for: Moira MacVicar E-mail: moira.macvicarargylI-bute.gov.UK Council Website: wNw.argyII-bute.Qov.UK
24th November 2009
Dear Mr Files
Review of decision, Section 35(a) Housing(Scotland) Act 1987, amended by Housing(Scotland) Act 2001 I refer to your letter dated 22 October requesting a review of the decision made on your application under the terms of the above legislation.
This review complies with the requirements of Section 35 (b)of the l-Housing(Scotland) Act 1987 in that is has been carried out by an officer senior to the person who made the decision. I have fully considered the information provided by you in support of your appeal against the suitability of the offer of 1 Ardtornish Place, Glenshellach, Oban by West Highland Housing Association.
It may be helpful if I explain the context within which this review of the appeal decision is being considered. In terms of the Code of Guidance on homelessness issued by the Scottish Government, the local authorities’ duty to secure accommodation for unintentionally homeless people in priority need would be fulfilled by a single offer, provided that the offer was a reasonable one. However, Argyll and Bute Council, as a full partner within the HOME ArgyII common allocation policy has agreed that homeless applicants will be treated on the same basis as other applicants and receive two offers.
In determining whether or not an offer is reasonable I am required to take into account the the circumstances and needs of the particular applicant.
Your application and the special needs of your family were fully considered prior to West Highland Housing Association making you the offer of 1 Ardtornish Place. In deed in terms of the waiting list,positive discrimination was exercised in order to provide you with an offer which, although not fully
Meeting your family’s requirements in its present form, it was felt that with adaptations. It presented the best possible solution in the context of what is available currently within the social rented sector.
Within this context, it is extremely unlikely that a more suitable property will be available for you in the foreseeable future. The original decision on your letter of appeal explained that the areas of concern which you expressed were fully considered. These were outlined in the written response and for the avoidance of doubt I would repeat the issues which were considered • The height of the fencing surrounding the property — it is acknowledged that the current fencing is not adequate but the recommendations contained within the Community Occupational Therapist report dated 22 June 2009 would address these issues. • The lack of garden space — the recommendations within the Occupational Therapist report suggests that some of the slabbing could be lifted and re laid as grass. The size of the garden in comparison to other available social rented housing in the Argyll area is favorable. • Close proximity to neighbours — the proposed adaptations would maximise your privacy and resolve the issue with the neighbour who has the patio. All other solutions to your housing situation would involve you being located near to other houses. There are very few remaining properties in the social rented sector which are not in close proximity to other houses. • You have concerns about the location of the house and its proximity to ‘2 dangerous roads’. If the necessary adaptations are carried out to the property both internally and externally if should provide Geoffrey with a safe environment in which to live. The key issue is that Geoffrey has a safe and suitable home where he can enjoy being outside and able to play in the garden. If he was to get out of any garden or house he could be at risk. The solution which is offered at 1 Ardtornish Place is the best option, currently available, which can be provided by the social rented sector in Argyll & Bute. • Location — you have established networks in Kilmelford. We appreciate that this may be the case but we believe that Geoffrey attends school at the Primary School Campus in Oban so may have friends and networks in the Oban area. There are no suitable housing solutions currently available in the Kilmelford area which will address your housing needs so it was deemed reasonable that Oban may be a viable option for you. • layout of the property — you have concerns about the fact that there is no upstairs/downstairs separation to the property. It may be more appropriate to have the property on one level as there would be no noise issues at night if some members of the family had gone to bed and the parents were still up. The occupational therapist has confirmed that the property is a ‘reasonable’ offer.
Argyll & Byte Council has a duty to secure permanent housing for you,
the offer of the property 1 Ardtornish Place was carefully considered taking into account all relevant information available at the time, about your family’s special needs and the limited availability of socially rented accommodation within the Oban area to adequately address those needs and it is therefore considered a reasonable offer. In considering this appeal the Council has sought advice from the Occupational Therapist who has confirmed that the house offered is a reasonable offer providing the recommended adaptations are carried out In addition to the fore-mentioned areas of concern you have raised two additional factors in your subsequent request for a review of the appeal decision.
It is not normally competent to introduce additional factors at this stage in the appeal process however it is acknowledged that the property is in close proximity to the hospital and the helicopter landing area and this may adversely affect your son.
Notwithstanding the foregoing, and in acknowledgement of the very limited housing options likely to be available to address the particular needs of your family, the Council will consider you eligible for two further offers in terms of your homeless application.
Please contact Ailsa Kelly, the Area Homeless Officer for Oban, Lom & the Isles to discuss your housing options.
For independent housing advice please phone 0800 731 8337 or contact your local Citizens Advice Bureau.
If you have any questions about this letter please contact me on 01631 572184
Yours sincerely
Moira MacVicar
Community Support Development Manager
27/11/2009
Files Family Countdown 30
Dear Mr Mac Fadyen
When the Council plays Chinese Whispers …
Remember the old party standby called Chinese Whispers? That's when you whispered something to your friend, and she/he passed it to the next girl/boy, and by the time it got to the last girl/boy at the party, "I smell bacon" had become, "I love Satan." It seems that you the Civil Servants employed by the Council play Chinese Whispers too. Except it's no game ..
Below is our reply to the letter written by you Mr. Mac Fadyen( MMcF)
Quote from someone I talked to this week .. “ If these people at ABDC were in the health service we’d all be dead waiting for them to reply and make a decision.”
Our Ref
Tuesday, November 24th, 2009
Your ref 12 November 2009
Dear Mr Files
HOUSING OPTIONS
1. MMcF writes I am writing to confirm that the Council and its housing partners are fully aware of your current housing difficulties. Specifically, the Council recognises that although you have recently moved from your former home at Kilninver to The Glebe at Kilmelford, the latter property remains inadequate relative to your needs.
We reply Countdown e-mail week 26/30/10/2009,I said
Our domicile at 14 The Glebe is only temporary and we are continuing to look for a larger and safer property in the Kilmelford area for Geoffrey although it must be said that "The Glebe" is in no way worse than our previous accommodation endured over the past 5 years. Please confirm you accept this fact .
2. MMcF writes In view of this, the Council is continuing to consider your household to be Homeless with Priority Need.
We reply It must be noted that we were only registered as Homeless (see Family Weekly Coundown 1, 15/05/2009) after an appointment was made with the ABDC Homeless Services dept as advised from SHELTER. Over the past 5 years nobody from ABDC made us aware we should be registered as homeless, this advice was not forthcoming from the Council.
3. MMcF writes This means that the Council, working with its partners, will continue to do all that it can to secure a sustainable housing solution for you as soon as possible.
We reply My family needs suitable, permanent housing because of the special needs of our autistic child. The social services department is subject to particular statutory obligations regarding the needs of disabled children but it does not possess a stock of housing. The housing department, on the other hand, has a stock of housing but is not subject to a like statutory obligation in respect of the needs of disabled children.
Disabled children, with their special housing needs, cannot be permitted to fall between these two stools. Section 27 of the Children Act 1989 provides that the requested authority must comply with the request if it is compatible with its own duties and does not 'unduly prejudice' the discharge of its own functions.
4. MMcF writes In undertaking this task, a meeting has recently been held to review the various options that may be available while working within the context of the present financial and legislative climate.
We reply I have to say that the meeting referred to and its outcome are disappointing. The meeting was held on a Thursday; Mr Mac Fadyen knows that Councillor Mary Jean Devon and Councillor Roddie McCuish, who have been actively supporting our case, attend Mull every Thursday. Even if they had been invited to the meeting they would not have been able to be present. We were not invited at all and many of the other people involved in our case were also not invited. In fact it came as a shock to realise a meeting had taken place at all. Margaret Kaprisky SW and Councillor Elaine Robertson were both invited to attend and came back to us with reports as instructed by Mr Mac Fadyen. We were told that “….. The impasse has been passed” but “.. don’t expect a Rolls Royce of a house”. We were also told that a far more positive attitude had developed to finding a solution to our housing dilemma and that one of the action points was to be to seek an independent OT report. It all seems a bit surreal! Did the meeting take place? Why has the mood now changed back to no change in attitude and approach, no help available and a basic regurgitation of everything that was being said and all the options available 5 months ago. Very curious!!
5. MMcF wrote ….a meeting has recently been held to review the various options that may be available while working within the context of the present financial and legislative climate.
We reply The relevant authorities are obliged to cooperate with each other to comply with the request. If such a request is made the housing department, much pressed as it undoubtedly is, must nonetheless take note that the department responsible for safeguarding the welfare of children, amongst others, has decided that this/my family needs better housing. The housing department will by law wish to consider the practicability of accelerating the provision of accommodation which at least in some respects is more suitable and permanent for the acute needs of the child and family .
6. MMcF wrote This exercise was carried out in full awareness of your preference for a new build solution.
We reply This gives a false impression of the nature and manner of our request for suitable accommodation. See e-mail 1, below to Janet Crook Communities Scotland 22/01 2008 , of us accepting a house build at Kilmelford “We (the Files family) would be delighted with the Kilmelford location providing a suitable house can be built” We were told of the Kilmelford build by friends and contacted both WHHA and M&K MacLeod, the developers for the site at Kilmelford. We asked to be considered for one of the properties currently under construction explaining that our son is severely autistic and asking if certain considerations in respect of this could be taken into account if we were allocated a house. West Highland Housing and the builders, M & K MacLeod, took the view then that these properties were not suitable and could not be made suitable hence the suggestion of the new purpose-designed build we are pursuing now in the plot ring-fenced in the Cul-de-sac of the main build at the Glebe for the build. I have various e-mails detailing this from WHHA and M&K .
It is not at all fair to imply that we simply have a spoilt preference for a new build solution. -
MMF wrote Regrettably, however, having consulted with the Government’s Housing Investment Division, who are the principal funders of housing associations, this is not viewed to be a realistic option.
.
We reply We would appreciate the documentation to support your claims as I can only find information to suggest the contrary. That is to say that more money is being pumped into the Argyll area this year than in the previous year.
This is a complete turn around this from Janet Crooks e-mail number 2, below dated 08/05/2008 where the money was provided up front, specifically for us,, before the housing went ahead at Kilmelford, so where has the money gone for our build?
“We agreed to make funding available to enable them to take forward the development of a property for you at Kilmelford, if necessary in advance of the rest of the project for affordable housing there”.
7. MMcF wrote This is mainly due to the fact that given the envisaged downturn in the Affordable Housing Investment Programme, they are of the view that it would be difficult to confirm the availability of resources for such a project over the next 2 years.
We reply MMcF’s link to document written by MMcF.. This is in direct contrast to what MMcF has said to us.
http://www.argyll-bute.gov.uk/moderngov/mgConvert2PDF.aspx?ID=43027
Page 233 Agenda 16 ARGYLL AND BUTE COUNCIL EXECUTIVE COMMITTEE
DIRECTOR OF COMMUNITY SERVICES THURSDAY 20 AUGUST 2009
SCOTTISH GOVERNMENT’S AFFORDABLE HOUSING INVESTMENT
PROGRAMME 2009/2010
“4.2 Through the programme, the intention is that whenever technically
feasible, properties will be developed to the lifestyle standard.
This is with a view to addressing the requirements of special
needs groups. Development to this standard also tends to reduce the level of disruption when considering future adaptations.”
I did have to rub my eyes when I read the following “properties will be developed to the lifestyle standard” whereas what is being conveyed to us by MMF is that no property will be developed to any lifestyle standard. Then the real Jewel in the Crown from MMcF is “This is with a view to addressing the requirements of special needs groups” So what heading do we come under with our severely autistic son? Please enlighten us all? Furthermore, over and above this increase of funding for houses in Argyll detailed in MMcF’s 2009/2010 programme, there is also the eleven million pound Strategic Housing Fund that MMcF is also in charge of. To be sitting on this huge financial resource and apparently doing nothing with it while a family with priority need remains homeless compels the word negligent to spring to mind.
Finally in point 7 MMcF quotes a 2 year time span to make the necessary financial resources available. This 2 year time span was quoted months ago by MMcF 04/07/2009 (Shelter Letter ) and was detailed in the Files Family update e-mail 16 21/08/2009 . If MMcF had acted to start the specific build on the 04/07/2009 we would, today, be nearly 6 months down the line .of his 2 year guesstimate. Is this not negligent to not have implemented the build?
8. MMcF writes They also went on to advise that this is only likely to prove possible in the event of slippage arising in their investment programme over this period and this cannot be guaranteed.
We reply Again I refer to document above-mentioned, written by MMcF and same below..
http://www.argyll-bute.gov.uk/moderngov/mgConvert2PDF.aspx?ID=43027
4.1 The Scottish Government’s Affordable Housing Investment
Programme for Argyll & Bute largely reflects joint priorities that
have been negotiated with the Council via the Local Housing
Strategy. It also takes account of the priority objectives for
housing set out within the Single Outcome Agreement, Community
We are recognised as having priority needs so if we are in one document a priority but not in the next a priority where is the substance in anything that is written by MMcF. For instance the most recent letter from Shelter to MMcF (Files Family weekly countdown 28) asks how the decision to decline our Strategic Housing Fund Application is reconciled with the Disability Equality Duty. SHELTER is also querying the means by which effective compliance with this Duty in has been ascertained in our case. It seems that a Disability Equality Impact Assessment should have been conducted before the decision was taken and SHELTER wishes to see a copy of this Assessment. If no such Assessment was conducted then SHELTER wants to know why.
9. MMcF writes As a consequence of the foregoing, and as the Council has an ongoing obligation to address your needs as a Homeless household, regrettably we will have no option but to Cont...
Page 2 Look at alternative solutions in the shorter term.
We reply We have taken care of the short term with our 6 month short assured tenancy and it is the longer term that must be addressed. I note the eagerness to “ look at alternative solutions”. The approach should be “This family has secured short term accommodation so let’s now start the build..”
10. MMcF writes In this regard, I have been made aware that you have turned down the offer of the tenancy of the property at An Grinan, Oban which you received from West Highland Housing Association.
We reply M McF has known that we declined the property An Grianan since July 09/07/2009 23:55:27 (Subject: Family Weekly Countdown 10) . He has no tjust , as he seems to imply, only just been made aware of this.
11. MMcF writes While you have set out your reasons for this, it is the Council’s view that this remains a reasonable offer and I have been advised by the housing association that the property remains available.
We reply An Grinan is NOT still available, we believe it is going to be put to use by Dunstaffanage College when the move from the SAMS site at Dunstaffanage to Glenshellach is made by the College. The sooner the pursuit of a long-term accommodation for us moves on from this unsuitable house the better for all concerned. An Grinan is referred to in terms of reasonableness but not suitability which is the argument here. An Grinan has been detailed by us et-al as highly unsuitable for my family due to running costs, noise levels, and lack of security and privacy. We have sent to you recently (Files Family Coundown 25) details of our appeal to Mr. Whyte disputing this offer and drawing attention to the glaring omitted fact of helicopter noise from the hospital flight path night and day which becomes even worse when armed forces are on exercise. I have had the area described to me at such times as “Vietnam”. Geoffrey has severe auditory sensory problems documented by every Professional who has dealt and his sensitivity has in no way diminished. We had an ongoing problem at Home Farm which was on an MOD training flight path . As a result we were frequently subjected to over- passes from low-flying jets, helicopters and much larger planes as well. I wrote many many letters to the MOD complaining about this and have a full record of all letters and reponses. It is an absolute priority that Geoffrey does not live on a regularly used flight path for any low-flying aircraft at all.
Gas and Electricity running costs at Ardtornish Place are approximately £1200 per quarter. We could not support such costs.
12. MMcF writes You should note that prior to securing this offer of tenancy for you, the Council took advice from the Community Occupational Therapist who considered it to be an acceptable solution subject to delivery of the necessary adaptations.
We reply The Community OT, in point of fact, wrote two reports regarding Geoffrey’s accommodation needs. The first report detailed Geoffrey’s accommodation needs on their own merits, in isolation from consideration of any particular property and was accepted by SW, WHHA and ACHA as an entirely fair and accurate assessment of Geoffrey’s needs and ours and as being entirely fit for purpose. The second report, requested by MMcF, made a case for the suitability of An Grinan subject to several adaptations and ignored or ran counter to many of the salient points in the original report. In the second report (referred to above) the OT does not unequivocally state that An Grinan is suitable. I refer to my Files Family Countdown E-mail 21 on the 25/09/2009. Furthermore it was agreed at the recent meeting between MMcF, Dougie Dunlop and Margaret Kaprisky both SW and Councilor Elaine Robertson that an independent OT report should be sought. We were informed of this by Margaret Kaprisky and Elaine Robertson yet there is no mention of this at all in the letter from MMcF.
13. MMcF writes I have been advised that this was fully explained to you during your visit to the property.
We reply No such explanations were ever given at the property. I can prove this as I forgot to switch off my camcorder when I filmed the house from the outside prior to the meeting and my camcorder remained running all the time in its bag and recorded the conversations we had. The OT and SW were both of the opinion at the time that it was not suitable while ACHA was simply of the opinion it was the best offer they had. ..
14. MMcF writes While the Council could attempt to secure an alternative tenancy elsewhere within the social rented sector, realistically we do not expect to be able to improve on the quality of this option.
We reply This is not news to us. It is because of this lack of availability of a suitable tenancy within the social rented sector that WHHA, ACHA, ABDC, Communities Scotland, RHOG, et-al decided to go down the specific build detailed above and it would not be reasonable to offer us a house from the housing stock..
15. MMcF writes We would also not be in a position to guarantee when an alternative tenancy is likely to become available.
We reply This is precisely why the new, purpose-build option has been pursued so earnestly hitherto. WHHA, ACHA et-al all recognised that this is the only realistic way to provide suitable accommodation for our family.
16. MMcF writes ,In the interim, the Council has been exploring the possibility of one of West Highland Housing Association’s new build properties at Kilmelford being extended to address your family’s needs. This work is still ongoing to establish whether such an approach would be technically feasible.
We reply As stated above this option has already been explored. We were told of the Kilmelford build by friends and then made enquiries of WHHA and M&K MacLeod, the developers. We asked WHHA to consider us for one of the houses taking into account Geoffrey’s autism and, in particular stressing the need for as private a site as possible to allow for privacy both for Geoffrey and for immediate neighbours. West Highland Housing Association and the builders, M & K MacLeod, took the view then that these properties were not suitable as accommodation for Geoffrey and could not be made suitable hence the suggestion of the new build we are pursuing now in the plot ring-fenced for the build. I have various e-mails detailing this from WHHA and M&K( two below). I find it somewhat curious, that 3 years down the line the Council hasn’t even got the simplest of facts correct .
17. MMcF writes In the event of this not proving possible the only other alternative would be to try to establish a suitable property elsewhere within the private rented sector.
We reply We have pursued and are still pursuing this objective ourselves. 14 The Glebe is a stop-gap but it is only a short-term solution. We have pursued every line of enquiry not only checking on all properties as they come up for lease in estate agents but also making use of our extensive network of friends in the area and the village grapevine to ensure that we are aware of all properties that are likely to become available and that prospective landlords have us uppermost in their minds. I can assure anyone that, contrary to the apparent belief that there is a plethora of suitable properties for let in the Kilmelford area, this is absolutely not the case. In fact in the wider area of a 25 mile radius of Oban there is nothing available that is more suited to our needs or in any way an improvement on 14 The Glebe. This has been our situation over the past 5 years since we constantly checked the letting market because of the unsuitability of Home Farm. It is exasperating in the extreme that we are no further on even after thousands of pounds being spent by WHHA, ABDC, ACHA , SW Communities Scotland,et-al in consultations all of which give the end result of pointing to a new build. MMcF alone is baulking at this option and trying to re-visit solutions that have been investigated and discarded as being unachievable.
18. MMcF writes This letter highlights the various options that the Council and its partners have been investigating to secure a sustainable housing solution for your family. We have to undertake this work within the context of what is realistically affordable and deliverable.
We reply The Council must comply with its duty of care and to date it has not. What is realistically affordable and deliverable is a new build in the plot ring-fenced for this purpose in Kilmelford. Detailed Costs of this falls within the Governments guidelines contrary to what MMcF says,
19. MMcF writes While this is the case, we are anxious to address your needs as fully as possible so would appreciate the opportunity to meet up with you to explore the way forward. Such a meeting may be arranged by contacting me on…. .
We reply I do not detect any anxiety on the part of MMcF in his conduct of matters since he became involved in our housing predicament. In fact all I can detect is prevarication and even negligence in his determination to reject the option of a purpose build, to dismiss or ignore the detailed reports and consultations previously carried out and to continue to explore options that have been explored at length and discarded for sound and valid reasons.
We do wish to have a meeting with MMcF and so do several of the people involved in this case. To this end I would appreciate receiving from MMcF details of the dates when he is available for a meeting and length of time of his availability on those dates so I can circulate this information to all involved and arrange a suitable meeting date for all.
Angus Files
E—MAIL 1
From:
A Files
Date: 22/01/2008 20:54:00
To:
Janet.Crook@communitiesscotland.gsi.gov.uk
Cc:
Lesley McInnes;
Gregor Cameron;
Kenneth.MacColl@scottish.parliament.uk
Subject: Re: Autism Awareness housing needs
Many thanks for responding so quickly, it is really appreciated. I have forwarded on your e-mail to some of the families concerned and will pass on any of their comments or responses to the questions you raised when I receive them. Alternatively, they might contact WHHA or yourselves directly.
We (the Files family) would be delighted with the Kilmelford location providing a suitable house can be built .This is because Kilmelford and Kilninver, where we live at present, function as one community with Kilmelford being the focal point for community activities and events. We now have a number of good friends in Kilmelford who know Geoffrey as we take him to most of the functions that are put on locally for the children, so we feel that the community would be tolerant and understanding. Geoffrey, moreover, has lived all his life in rural locations and walks on the hill and along the shoreline are very much a part of his structure and daily life; he thoroughly enjoys these activities and they are beneficial to him and the family giving him the chance to expend some of his abundant energy. While there would be undoubted benefits to living in Oban we do feel that, in our case, Kilmelford certainly meets Geoffrey’s needs and the needs of the rest of the family.
You say that the development at Kilmelford is unlikely to be completed until “around spring/summer 2009, provided no major difficulties are encountered.” I have seen other local developments constructed by McLeods where some of the residents moved in before completion of the entire development. This is something we would consider provided we were able to erect a suitable fence to enable us to contain Geoffrey. Please could you also give consideration to the fact that a plot well back from the main road and with the minimum number of neighbours (so maybe an end house) would most meet our needs.
As you say “While making sure that we get value for money from our investment in affordable housing is always an issue for us…” it is an issue for us to be able either to own or part-own the property because on a practical level it makes us more suitable for the various grants available for adaptations. In theory it shouldn’t but in the past we have applied for various grants and been refused to the point that we don’t apply any more for house adaptation grants. It seems so discriminatory but not owning or part-owning seems to be the only reason as we have seen many families qualify for these grants and the only difference is they own or part-own the property everything else being the same.
Last week I contacted M & K McLeod and expressed an interest in the property development at Kilmelford. We then received a phone call from the estate agents, Alexander Dawson, explaining to us that beyond outline permission for 40 houses the development is completely blank sheet. If (with a view to identifying a suitable site on the development) you wish me to contact M&K McLeod, with whom I have had past working relations, with please let me know. Kenny phoned in our interest to Alexander Dawson’s himself so it seems fair to say they are also eager to get moving on it.
We look forward to taking this forward at the earliest convenience and as you mention if Lesley/Gregor can get back to us maybe we can move onto identifying a suitable site at Kilmelford.
Sincerely
Angus Files
EMAIL --2
********************************************************
From:
Janet.Crook@scotland.gsi.gov.uk
Date: 08/05/2008 16:49:52
To:
angusfiles@btopenworld.com
Cc:
lesley@westhighlandha.co.uk;
philip@westhighlandha.co.uk;
juliafitzpatrick@btopenworld.com
Subject: RE: RE: Shared Equity property - Kilmelford
Thank you for copying me in to this. I am sorry to hear of the problems you are experiencing with Geoffrey.
Along with colleagues I met West Highland on 30 April to discuss their overall programme.
We agreed to make funding available to enable them to take forward the development of a property for you at Kilmelford, if necessary in advance of the rest of the project for affordable housing there.
By copy of this email, I would ask Philip to let you know when the meeting with the developer referred to by Gregor below is planned, and when he expects to be able to meet you to discuss the next step.
20/11/2009
Files Family Countdown 29
Our situation remains the same.
We have now received our copy from Mr Mac Fadyen of a letter summing up the housing options which seem negligent.
The letter, copied below, makes no mention whatsoever of The Strategic Housing Fund application, indeed, Mr Mac Fadyen appears to have decided, arbitrarily, that the matter of our application is closed.
This is negligent under the Disability Equality Duty not properly applied to our application by Mr Mac Fadyen and regarding which SHELTER has written to Mr MacFadyen and still awaits a response and proof of application.
I Ardtornish Place still remains under appeal ,and until such decision is made it is negligent of Mr Mac Fadyen to write arbitrarily ,that the matter is closed .
Despite Mr Mac Fadyen's tacit implications and determination of matters to be closed,I shall reply in detail to Mr Mac Fadyen's letter below next week.
A couple of negligent misrepresentations by Mr Mac Fadyen are drafted below which will be in my reply next week.
M M F states " This exercise was carried out in full awareness of your preference for a new build solution."
This is quite simply NOT the scenario as it happened. See e-mail 1, below to Janet Crook Communities Scotland 22/01 2008 , of us accepting a house build at Kilmelford “We (the Files family) would be delighted with the Kilmelford location providing a suitable house can be built” We were told of the Kilmelford build by WHHA. M&K the developers for the site at Kilmelford were contacted but it was one of these properties being built just now that we originally asked for and West Highland Housing and the builders, M & K MacLeod, took the view then that these properties were not suitable and could not be made suitable hence the suggestion of the new build we are pursuing now in the plot ring fenced for the build I have various e-mails detailing this from WHHA and M&K
MMF states "Regrettably, however, having consulted with the Government’s Housing Investment Division, who are the principal funders of housing associations, this is not viewed to be a realistic option. "
.
A complete turn around this from Janet Crooks e-mail number 2, below dated 08/05/2008
We agreed to make funding available to enable them to take forward the development of a property for you at Kilmelford, if necessary in advance of the rest of the project for affordable housing there.
.
Letter from Mr Mac Fadyen
12 November 2009
Dear Mr Files
HOUSING OPTIONS
I am writing to confirm that the Council and its housing partners are fully aware of your current housing difficulties. Specifically, the Council recognises that although you have recently moved from your former home at Kilninver to The Glebe at Kilmelford, the latter property remains inadequate relative to your needs. In view of this, the Council is continuing to consider your household to be Homeless with Priority Need. This means that the Council, working with its partners, will continue to do all that it can at secure a sustainable housing solution for you as soon as possible. In undertaking this task, a meeting has recently been held to review the various options that may be available while working within the context of the present financial and legislative climate. This exercise was carried out in full awareness of your preference for a new build solution. Regrettably, however, having consulted with the Government’s Housing Investment Division, who are the principal funders of housing associations, this is not viewed to be a realistic option. This is mainly due to the fact that given the envisaged downturn in the Affordable Housing Investment Programme, they are of the view that it would be difficult to confirm the availability of resources for such a project over the next 2 years. They also went on to advise that this is only likely to prove possible in the event of slippage arising in their investment programme over this period and this cannot be guaranteed. As a consequence of the foregoing, and as the Council has an ongoing obligation to address your needs as a Homeless household, regrettably we will have no option but to Cont...
Page 2 Look at alternative solutions in the shorter term. In this regard, I have been made aware that you have turned down the offer of the tenancy of the property at An Grianan, Oban which you received from West Highland Housing Association. While you have set out your reasons for this, it is the Council’s view that this remains a reasonable offer and I have been advised by the housing association that the property remains available. You should note that prior to securing this offer of tenancy for you, the Council took advice from the Community Occupational Therapist who considered it to be an acceptable solution subject to delivery of the necessary adaptations. I have been advised that this was fully explained to you during your visit to the property. While the Council could attempt to secure an alternative tenancy elsewhere within the social rented sector, realistically we do not expect to be able to improve on the quality of this option. We would also not be in a position to guarantee when an alternative tenancy is likely to become available. In the interim, the Council has been exploring the possibility of one of West Highland Housing Association’s new build properties at Kilmelford being extended to address your family’s needs. This work is still ongoing to establish whether such an approach would be technically feasible. In the event of this not proving possible the only other alternative would be to try to establish a suitable property elsewhere within the private rented sector. This letter highlights the various options that the Council and its partners have been investigating to secure a sustainable housing solution for your family. We have to undertake this work within the context of what is realistically affordable and deliverable. While this is the case, we are anxious to address your needs as fully as possible so would appreciate the opportunity to meet up with you to explore the way forward. Such a meeting may be arranged by contacting me on 01546 604412.
Yours sincerely
HEAD OF COMMUNITY REGENERATION
Cc: Councillor Elaine Robertson
Councillor Mary Jean Devon
Councillor Roddie McCuish
Dougie Dunlop, Head of Children & Families
Moira MacVicar,
Community Support Manager
David Dowie, Scottish Government
Angus
13/11/09
Files Family Countdown 28
This week our situation remains the same..
I attach (copied below) my copy of a letter sent by SHELTER to Mr Mac Fadyen asking how the decision to decline our Strategic Housing Fund Application is reconciled with the Disability Equality Duty. SHELTER is also querying the means by which effective compliance with this Duty in has been ascertained in our case. It seems that a Disability Equality Impact Assessment should have been conducted before the decision was taken and SHELTER wishes to see a copy of this Assessment. If no such Assessment was conducted then SHELTER wants to know why.
We have now received an acknowledgement of reply from Mr Douglas Whyte referring to our appeal on his decision which has now been passed to Moira MacVicar for reappraisal .
Nothing else has been received in writing with reference to the meeting between Malcolm MacFadyen, Margaret Kaprisky, Elaine Robertson and Dougie Dunlop.
Angus
From
—
http://www.shelter.org.uk/
To
Malcolm McFadyen ___ Head of Community RegenerationArgyll and Bute Council Kilmory Lochgilphead Argyll and Bute PA31 8RT
9 November 2009
Dear Mr McFadyen
Re: Angus Files
We write further to your letter 5 October 2009.
Thank you for providing us with a copy of the Council’s Equality and Diversity Scheme 2009-2012, along with an Equality Impact Assessment Form.
We note from your letter that you confirm “the Council’s Local Housing Strategy has been subject to an Equality Impact Assessment and that the Strategic Housing Fund operates within the context of this”
We are concerned that Argyll and Bute Council hasn't given due regard to promote Equality of opportunity for this family due to the acute housing needs of Geoffrey Files. In addition, that the Council hasn’t given due regard to his disability, and the complex factors that arise from this. Especially when considering the availability of housing that prevails in your area.
The general Disability Equality Duty requires you to consider disability equality in relation to everything you do and impact assessment is the means by which you can ascertain how effectively you comply with the duty. Please can you indicate how you have had due regard to the need to promote disability equality in all its elements in your decision to Decline the Strategic Housing Fund application for the Files family. Also, in particular can you send us a copy of the disability equality impact assessment you conducted before taking this decision. If you have not conducted such an assessment, please indicate why not.
Thank you for your attention to this matter, we look forward to your response.
Argyll and Bute Council Comhairle Earra Ghaidheal agus BhOid Community Services Director: Douglas Hendry Community Services Dairiada House, Coichester Square, Lochgilphead, PA3I 8ST
Telephone: (01546) 604785 Fax: (01546) 604 557 Our Ref: Your Ret:
If phoning or calling please ask for: Douglas Whyte
E-mail: argyll-bute.gov.UK
Mr Angus Files
6th November 2009
Dear Mr Files
Review of decision, Section 35(a) Housing(Scotland) Act 1987, amended by Housing(Scotland) Act 2001
Thank you for your letter dated 22’ October 2009 which requests a review of the decision contained in the letter dated October 2009 which was sent to you. In order for this review request to comply with the requirements of Section 35 (b)of the Housing(Scotland) Act 1987 it has been passed to an officer senior to the person who made the decision on the 7th October.
Your review request has been passed to Moira MacVicar, Community Support Development Manager for consideration. For independent housing advice please phone 0800 731 8337 or contact your local Citizens Advice Bureau. If you have any questions about this letter please contact me on 01546 604 785.
Yours Sincerely
Douglas Whyte
Service Officer Homelessness
Family Countdown 27
06/11/2009
This week our situation remains the same.
We have had no replies from anyone to our previous communications .
No other more suitable accommodation in the Kilmelford area has come onto the market that would be better than we are in at the moment.
Angus
Family Coundown26
30/10/2009
This week our situation remains the same.
We understand that a meeting has taken place and the "stalemate "situation has been overcome. We we are delighted to hear of the positive and active intention to although to date we have have not received written confirmation of this or any details of how matters are to be progressed. We understand that Mr MacFadyen is to write to us and have been advised to expect his letter by the end of next week.
Our domicile at 14 The Glebe is only temporary and we are continuing to look for a larger and safer property in the Kilmelford area for Geoffrey although it must be said that "The Glebe" is in no way worse than our previous accommodation endured over the past 5 years.
Besides perusal of all properties currently advertised for let we have made enquiries about various properties that could fall vacant for let within the next few months. Nothing, however, is available at present that is more suited to our needs.
Angus
Files Family Countdown 25
This week our situation remains the same .
I have appealed Mr Whyte`s decision of a reasonable offer as below.
Angus
Mr Douglas Whyte
Community Services
Dalriada House
Colchester Square
Lochgilphead
Your ref
7th October 2009
E-mail and Post 22/10/2009
Dear Mr Whyte
Review of decision, Section 35(a) Housing(Scotland) Act 1987, amended by Housing(Scotland) Act 2001 dated 7th of October 2009
I refer to your letter dated 7th of October replying to my letter of 24th September in which I requested a review of the decision made regarding our application under the terms of the above legislation.
I hereby appeal against your decision as I believe your decision is flawed and,you have not given full consideration to various key issues raised or to all our supporting correspondence including: SW reports, Educational Reports , Occupational Therapist Reports, Housing Assessments, Correspondence from WHHA. This correspondence stretches back over several years and amounts to approximately 3000 pages which can be made available on cd if you would like to have a copy.
You argue on “reasonability” of the offer but not the suitability .Was it reasonable for us to accept the offer , the offer of 1 Ardtornish Place when the needs of Geoffrey were comprehensively outlined in a catalogue of assessments over a long period which detailed his very specific housing requirements. With those assessments in mind, we believed the offer was not reasonable.
May I draw your particular attention to the following proven case in law and the following issues?
Hanlin v’s Nithsdale DC, (1994) the court indicated that a decision letter should contain proper and adequate reasons, and should deal with the substantial questions at issue in an intelligible way. The decision should leave the informed reader and the court in no doubt what the reasons were for the decision, and what material considerations were taken into account when reaching it. Any written notification of a review must provide the reader with no doubt that the points raised have been comprehensively considered.
Helicopter Noise levels 1 Ardtornish Place.
Nowhere has it been mentioned that the Oban hospital helicopter flight path exit route is directly above 1 Ardtornish Place(AP). After talking to hospital staff I learned that the helicopter lands and takes off from the Hospital at least 3 times per day “and more at the weekends” On this advice I then witnessed the noise levels with a decibel counter which exceeded 110 decibels on the road outside Ardtornish Place when a helicopter passed overhead.
As it takes off from the Hospital it is still gathering height and is very low over 1 Ardtornish Place and very, very loud. I have been told by sleepover staff that during one night recently at AP the helicopter landed and took off at least 3 times during the same night keeping the whole house awake all night. This was following earlier disturbances from the main road “carnival “of young people congregating at the bus stop. Furthermore I have been told by my sister and my brother-in-law (who stay 10 meters from Ardtornish Place) that this somewhat rowdy gathering of youngsters is a regular occurrence at weekends from Friday until Sunday mornings more often than not.
Our previous rented house, Home Farm, Kilninver, was on a flight path for low flying RAF jets, helicopters and big cargo/transport planes. This caused Geoffrey immense fear and distress and he would run into the house terrified, screaming and in obvious pain from the noise of the low-flying aircraft's. He would then remain in a state of fright usually for the rest of the day, refusing to go back out and play on his swing and trampoline. During our 5 years at Home Farm I took to complaining about these jets with the help from Jim Mather MSP. I complained about these aircraft every time they flew low over the house (29 times in one month, see some of my complaints attached). Eventually the MOD changed the flight path when I highlighted the fact that due to Geoffrey’s condition these low-flying passes constituted an assault (please see attached law cases). I must make it clear, therefore, that on the grounds of the exceptionally high noise levels Geoffrey would be regularly exposed to from road traffic and air traffic , that the offer of 1 Ardtornish Place is in no way reasonable one . We also understand from Police Reports that the road to the Glenshellach Industrial Estate is a magnet for youth especially the bus stop which is at the rear of Ardtornish Place. Unfortunately some of the bedrooms are at the rear of the property and we have been told that all of the residents in 1 Ardtornish Place had to be moved from the rear of the property (where the bedrooms are only a few meters from the main road and the bus stop) to the front of the house from Friday night until Monday or nobody can get any sleep including the overnight carers. We understand that the noise from the “Carnival experience “ is appalling and only stops when the police disperse the crowd of youths. Even then the hospital helicopters frequently have to fly at night and the noise from these flights also regularly wakes the residents up.
Is it really possible to believe that this property is a reasonable offer for a family with child who has some acute auditory sensitivities?
To quote Geoffrey’s educational psychologist “Although Geoffrey’s hearing is normal he is very sensitive to certain sounds. These sounds cause him considerable distress and he will often be seen to cover his ears in an attempt to protect himself. Geoffrey’s visual acuity is also reported to be satisfactory but he finds artificial lighting disagreeable, especially fluorescent light, and he is much more comfortable with natural daylight.”
Heat and Light 1 Ardtornish Place.
Gas and Electricity costs are around £300 per quarter for electricity and £800 per quarter for gas. These bills are currently being divided between the 3 residents to be paid from their benefits…. The staff at AP cannot afford to heat the whole house using the benefits of the three residents and have to heat only the room each physically disabled resident is in at the time. Even so the costs are still as above. So how are we meant to heat and light the house based on one family’s benefits. We understand that that the present 3 residents are being moved into more affordable accommodation in the new build Glenshellach and, despite the fact that each individual will have their own property, this will be a more cost effective option than continuing to reside as a group at AP. So there we have my second point which is we would not be able to afford to run 1 Ardtornish Place in terms of electricity and gas.
The Garden Play area 1 Ardtornish Place.
. …As agreed by all present on the day we viewed 1 Ardtornish Place (Ailsa Kelly, Margaret Kaprisky and Julie Henderson) a large portion of the garden would be unusable as a play area for Geoffrey. I refer to the long strip of garden ground to the rear of the property which backs onto the main access road to the industrial estate, is beside the bus stop, and at one end borders with the next door neighbours. The whole is also overlooked from the main road which is actually several feet above the garden. This rear strip of garden ground was deemed unsuitable as a play area on the day of viewing AP and was to be designated a utility area only (accommodating the fuel storage tank, drying area, bin area) to be fenced off accordingly.
This leaves only the triangle shaped bit of ground measuring approx less than 340 square meters (as attached plan) for all of Geoffrey’s play equipment.
This “garden ground” is also overlooked by the Bus Stop, and is adjacent to access roads on two sides. It would be impossible to make the garden private and screen Geoffrey from the public. Then there is the matter of the space available. The garden play equipment that Geoffrey uses at home is a 14ft in diameter trampoline, a swing 17 feet long 8ft High and 6ft wide, a climbing frame which is 18 foot long 18ft wide and 6ft high, and (in warm weather) a paddling pool around 10ft in diameter. For Geoffrey these items are not luxuries but therapeutic necessities helping to alleviate his high levels of stress and anxiety and to channel his huge reserves of energy. The play equipment would not fit into the area with enough pedestrian clearance around each item and there is no scope to upgrade to playground specification equipment which will be needed as Geoffrey grows bigger and reaches adulthood. We also have grave concerns about privacy from the rest of the scheme as outlined previously.
ABDC have missed many points raised by the Occupational Therapists report’s dated 27/11/2008 and 22/07/2009.
The latter report falls a long way short of saying The Occupational Therapist(OT) thinks 1 Ardtornish Place(AP) is suitable or ,even that it can be made suitable yet ABDC read this to mean that the report supports it as a reasonable offer? Below is a comparison between the original OT report and the re-jigged OT report. There are also extracts from the sec 23 assessment.
Occupational Therapy Environmental Assessment
An Grianan, Ardtornish Place, Oban PA34 4RT
Locality
Residential area, close to local amenities.
Rear of property adjacent to main road which leads to further residential areas and industrial estate.
Original OT Assessment Report said
“House not to be sited on a busy road.”
SW Assessment Report said The family have highlighted that they are continuing to be in the same position on being offered housing as no accommodation that they have been offered now or in the past can meet Geoffrey’s disability requirements.
Access
Large monoblock driveway from pavement to front door.
Original OT Assessment Report said
“ Car Parking • Separate car parking area that is not within garden area. • Access to car from a secure area.
• House not to be sited on a busy road. “
Accommodation is on one-level and comprises:
Living room
5 bedrooms
Office/boxroom
Shower-room
Bathroom
Kitchen/dining room with conservatory area.
Laundry-room
Access hatch to un-floored loft.
BUT
Original OT Assessment Report said
“• Accommodation over two levels, to allow demarcation of the upper floor as an area for sleeping and the lower floor as an area for activity.”
1. Living room
Dual aspect, overlooks parking area and small section of rear garden but not an area that would be suitable for play.
Original OT Assessment Report said
“• Rooms and upper and lower floors to have clear demarcation to aid understanding of activity versus rest areas.”
Carpeted.
Gas fire.
Radiator
Pendant lights.
Recommendations
Gas fire controls would need to be secured or alternatively fire removed and additional radiator provided.
Existing radiator may present a hazard or a surface on which to climb.
Original OT Assessment Report said
“• Underfloor heating with controls to be in a locked cupboard.”
2. Bedrooms/Office
All have built-in wardrobes and are of adequate size.
All carpeted.
Pendant lights.
Recommendations
Rooms identified for rest/play to have:
Alternative easy clean flooring provided.
Existing built-in storage cupboards within these rooms to have doors altered with safety hinging and child safe locks.
Tamper proof light switches.
Recessed lighting.
Soundproofing of bedroom only if property is acceptable as a long-term solution.
Discrete isolator switch to all power sockets in bedroom.
Original OT Assessment Report said
“• Easy clean flooring. • Storage to be built-in with smooth, solid panel doors, child safety hinging and child safe locks. • Lighting switch to be tamper proof. • Recessed lighting. • Soundproofing to be fitted. • Discrete isolator switch to all power sockets in bedroom.”
3. Shower-room
Spacious wet-floor shower-room.
Shower requires repair.
Storage cupboard
Slip-resistant flooring.
Recommendations
Shower repairs to be undertaken.
Basins to have overflows that can cope with waterflow.
Secure cistern for WC.
If property acceptable in longer-term, limiters and isolators to be fitted to water supply.
Establish if anti-scald valves already in situ for shower and whb.
4. Bathroom
Requires some up-grading and removal of tracking hoist.
Storage cupboard.
Slip-resistant flooring.
Recommendations
Upgrading to be undertaken and removal of tracking hoist.
Basins to have overflows that can cope with waterflow.
Secure cistern for WC.
If property acceptable in longer-term, limiters and isolators to be fitted to water supply.
Establish if anti-scald valves already in situ for bath and whb.
Original OT Assessment Report said “• All sinks and basins/bath to have overflows that can cope with waterfiow from taps. • Box in cisterns for WC’s.
• Taps in bathroom and WCs to have limiters to restrict amount of water dispensed. • Anti-scald valves to hot water taps and appliances. • Limiter for shower temperature. • Fit isolator/cut off for water supply to taps to sinks.”
5. Kitchen
Large open plan kitchen diner opening into conservatory.
Kitchen has access via conservatory onto garden.
Overlooks garden to side of property.
Electric hob and electric double oven.
Limited kitchen storage.
Kitchen units are flimsy and damaged and would not be sufficiently robust.
Vinyl flooring.
Large area for dining table.
Recommendation
There is an alternative access point to garden.
Kitchen units would require to be replaced and have secure locks on all doors/drawers.
Consideration to be given to using hall storage area as potential lockable larder to house fridge and freezer.
Electric hob/ovens may require to be replaced to provide non-heat conducting surfaces with tamper-proof controls.
Confirmation that anti-scald valves are already in-situ.
Fit isolator for water supply to taps at sink.
Original OT Assessment Report said
“Self-contained kitchen that does not have access to garden or acts as a thorough-fare to other parts of the house.”
Original OT Assessment Report said
• Dining area off kitchen, to demarcate between the two activity areas. • Lounge
Original OT Assessment Report said
“• Lockable larder to be large enough to house fridge and freezer. • Kitchen cupboards to have locks on all doors/drawers. • Cooker controls to be secure and tamperproof. • Units to be of robust type to withstand wrenching of doors/drawers. • Anti-scald valves to hot water taps and appliances. • Fit isolator/cut off for water supply to taps to sinks.”
6. Laundry
Would allow washing machine and dryer as well as chemicals etc to be made secure.
Recommendation
Tamper-proof lock to be fitted.
7. Storage
Extensive storage throughout property.
Recommendations
All storage areas would require secure, tamper-proof locks to be fitted.
8. Windows
Double glazed, window locks present but no keys for same.
Windows Original OT Assessment Report said • Window locks, tamper proof and consistent throughout property.
Recommendations
Establish if keys could be provided to lock windows.
9. Doors
Recommendations
Internal and external doors would require appropriate tamper-proof locks.
Exit sensors or similar to be fitted to external doors.
Landlord to be made aware that doors, plasterboard and other finishings may sustain damage during period of tenancy.
Doorstops where required.
Original OT Assessment Report said
“Doors • Main access doors to have exit sensors or similar fitted. • Specific rooms to have the ability to be locked to restrict access other than in emergency. • Door locks to be keypad type or similar. • Where keypad locks not fitted eg WC, bathroom, locks to be openable from outside. • Provide doorstops to prevent damage to walls. • Reinforce door frame fittings to withstand wrenching and slamming. • Minimise areas of glazing in doors. • Key locks for all external doors, stores and storage cupboards. • Internal door handles to be consistent design throughout and designed to withstand tampering or wrenching. • All doors to be solid core with additional/reinforced hinges. “
10. Heating/Smoke detector
Calor gas heating system.
Some existing radiators could potentially provide a surface that could be climbed upon.
Hard-wired smoke detector in situ.
Recommendation
Consideration of replacement of existing radiators.
Verification of high costs associated with this heating system, based on current tenants usage.
Original OT Assessment Report said
• Under floor heating with controls to be in a locked cupboard
11. Lighting
Recommendation
Communal rooms and play/rest area pendant lights to be replaced with recessed lights.
12. Exits
3 exits to property
Main entrance onto monobloc driveway with no barrier to pavement and residential road.
Door adjacent to laundry and bathroom – exits onto side garden.
Double doors from conservatory – exits on to side garden.
Recommendation
Exit sensors or similar to be fitted to all exits.
Side garden requires to be secured with gated access (with appropriate locks) to back garden only.
14. Garden ground
Small gravel area and monobloc driveway to front of property – no fencing.
Boundary fence between property and adjacent property is inadequate.
Path leads to rear garden which has inadequate fence overgrown partially by beech hedge, rear garden area contains bin storage and has limited scope as a play area. Rear and side gardens back on to main road to industrial estate with traffic noise evident.
Rear garden leads to side garden which is laid partially to grass with the remainder slabbed. Fencing inadequate.
Calor gas tank in side garden.
Side garden would allow for some play equipment.
Recommendation
Alternative secure fencing to be provided to side garden and section of rear garden.
Fence to seperate side and back gardens which would result in bin area being outwith play area, restrict access to back garden which is not easily viewed from inside property and remove need for altering boundary fence between this and neighbouring property.
Gate in fencing to have secure, tamper-proof lock.
Potential for fencing to front of property to be discussed further.
Calor gas tank to be secured with appropriate fencing or feasibility of it’s re-location if property acceptable as long-term solution.
Some slabbing to be lifted and re-laid to grass.
Establish if pipes and drains can be secured.
Original OT Assessment Report said
Garden • Large enclosed garden area to accommodate play equipment for Geoffrey (trampoline/swing etc). • Garden to be visible from main working areas of house eg dining room and kitchen. • Secure high fencing with smooth internal surface possibly with overhang at top, gate to have tamperproof lock. • Pipes, drains etc to be tam perproof. • Lockable storage shed for larger play equipment
ABDC,SW 23 Assessment Report said”
He will try to run away without any insight into his own personal safety. The family have related that the only way that they can effectively ensure that Geoffrey is safe is to have an eight foot fence around the garden. Mr and Mrs Files have to constantly supervise and observe Geoffrey . In keeping with this constant monitoring Geoffrey does not have appropriate social boundaries and will urinate or pull his trousers down where he is unless an adult is available to redirect him.
All of these mentioned issues are a problem for his dedicated parents to manage and Geoffrey is now approaching puberty. As a rule these behaviours for children in the spectrum are exacerbated during adolescence.
despite this he has managed to escape, inclusive of a recent escape from school, again another venue where Geoffrey is closely monitored
Summary
This environmental report is based solely on the views of the Community Occupational Therapist and does not incorporate any views that the Files family may have with regards to this property.
This property would require adaptation, as highlighted above, to meet the short-term needs of the family, further adaptation would be required should this property be acceptable as a long-term property. The property’s longer term acceptability given it’s location would have to be determined with the family.
Original OT Assessment Report said
“During the assessment and subsequent discussions it became apparent that there are hgh levels of risk to Geoffrey’s safety and a major impact on the emotional and psycho’ogical well-being of his parents and siblings as a result of the current environment not meeting the substantial needs Geoffrey has as a result of his condition”
ABDC,SW 23 Assessment Report said” In my assessment of Geoffrey in relation to his disability I fully support the reasons that the family express that the accommodation that is presently being offered is not able to meet Geoffrey’s needs.
ABDC ,SW Assessment Report said” Assistance is required to enable the family to be awarded suitable housing, being mindful of Geoffrey’s profound disability
The OT environmental report I Ardtornish Place above makes no reference to key points about AP, house layout viz: whether or how it could be adapted to allow an effective split of functions.
No advice or recommendation is given on what would be needed to split up the kitchen/dining/conservatory area into areas that could be separated off;
Or to separate the living and sleeping areas.
There is no mention of costs to make the necessary alterations but it is obvious that these would be considerable and would involve costly and time consuming planning applications . It appears to us that the cost of adapting 1 Ardtornish Place would be equal to if not greater than the amount required to make up the shortfall for the new build at Kilmelfords. It seems curious and somewhat self-contradictory for Council, who is essentially driven by costs, to be willing to “throw money” as one individual put it into improvements and adaptations to a house that will never be suitable for the most fundamental reasons. It is even more inexplicable that this is the preferred course of action to providing the shortfall in funding for a new build, purpose-designed and guided by WHHA and the cost of which would probably be equal to if not less than the cost of adapting 1 Ardtornish Place! We feel the Council should have made much wider inquiries into the details on our established networks in Kilmelford /Kilninver and the impact on family life and the long term detrimental effect this may have if we had to move from this Kilmelford close nit community ,which we do not have in Oban despite Geoffrey going to School in Oban.
With those assessments in mind, we belie the offer from ABDC was not reasonable .
Angus
Files Family Countdown 24
This week our situation remains the same.
SHELTER have now received a reply concerning assessments etc mentioned below.
I have also received a reply from Mr Whtye rejecting our appeal ,I intend to appeal against this quite simply imperative detail has been missed,curiouser and curiouser.
Angus
Community Services
7th October 2009
Dear Mr Files Review of decision, Section 35(a) Housing(Scotland) Act 1987, amended by Housing(Scotland) Act 2001 I refer to your letter dated 24th September requesting a review of the decision made on your application under the terms of the above legislation. This review complies with the requirements of Section 35 (b)of the Housing(Scotland) Act 1987 in that is has been carried out by an officer senior to the person who made the decision. After reviewing the case, I can advise that the offer of 1 Ardtornish Place, Glenshellach, Oban by West Highland Housing Association has been deemed a reasonable offer. Your letter of appeal highlighted various areas of concern and it would be appropriate to address these areas :- • The height of the fencing surrounding the property — it is acknowledged that the current fencing is not adequate but the recommendations contained within the Community Occupational Therapist report dated 22’ June 2009 would address these issues. • The lack of garden space — the recommendations within the Occupational Therapist report suggests that some of the slabbing could be lifted and re laid as grass. The size of the garden in comparison to other available social rented housing in the Argyll area is favourable. • Close proximity to neighbours — the proposed adaptations would maximise your privacy and resolve the issue with the neighbour who has the patio. All other solutions to your housing situation would involve you being located near to other houses.
• You have concerns about the location of the house and its proximity to ‘2 dangerous roads’. If the necessary adaptations are carried out to the property both internally and externally if should provide Geoffrey with a safe environment in which to live. The key issue is that Geoffrey has a safe and suitable home where he can enjoy being outside and able to play in the garden. If he was to get out of any garden or house he could be at risk. The solution which is offered at 1 Ardtornish Place is the best option, currently available, which can be provided by the social rented sector in Argyll & Bute. • Location — you have established networks in Kilmelford. We appreciate that this may be the case but we believe that Geoffrey attends school at the Primary School Campus in Oban so may have friends and networks in the Oban area. There are no suitable housing solutions currently available in the Kilmelford area which will address your housing needs so it was deemed reasonable that Oban may be a viable option for you. • Layout of the property — you have concerns about the fact that there is no upstairs/downstairs separation to the property. It may be more appropriate to have the property on one level as there would be no noise issues at night if some members of the family had gone to bed and the parents were still up. Argyll & Bute Council has a duty to secure permanent housing for you and the offer of the property ‘An Grianan’ was carefully considered taking into account your family’s special needs and the limited availability of socially rented accommodation within the Oban area to adequately address those needs. In considering this appeal the Council has sought advice from the Occupational Therapist who has confirmed that the house offered is a reasonable offer providing the recommended adaptations are carried out.
Please contact Ailsa Kelly, the Area Homeless Officer for Oban, Lorn & the Isles to discuss your housing options. For independent housing advice please phone 0800 731 8337 or contact your local Citizens Advice Bureau.
If you have any questions about this letter please contact me on 01546 604 785.
Your sincerely
Doug Whyte
Service Officer Homelessness
Subject: Files Family Countdown 23
This week our situation remains the same
We have received no further responses from ABDC we are not surprised such is the lack of concern for the disabled in Argyll by ,ABDC.
I attach above and copied below the text from the Oban Times article 26/02/2009 instigated by Carol Evans of
The National Autistic Society "Argyll and Bute Council has been criticised over the support it gives adults with autism".
I have been in touch with the Council over the past months since the article was printed ,this week and nothing has moved forward such is the apathy exuding from the Council .I for one know that if the Council don't know how many disabled people (children and adults) it has in its area(and it doesn't) it does not have to budget for such statistics Shelter waits for a reply to in my previous circular below ... Never mind a house to put them in.."ABDC Trips In Neverland" sounds about right..And monies that is meant to be spent on the help for disabilities can be spent elsewhere Airports that only the privileged use ,bingo for the privileged , rather than helping people such as ourselves.
"impact assessments"
"equality for disabled persons"
"Disability Equality Scheme "
"Council’s disability equality impact assessment".
Angus
Thursday 26 February2009 -
http://www.obantimes.co.uk/ Argyll and Bute Council has been criticised over the support it gives adults with autism. The council has been ranked one of the worst local authorities in Scotland alongside Dumfries and Galloway by the National Autistic Society (NAS).
The report outlined the progress made over the past 12 months by Scotland’s 32 councils in two areas: whether they had a clear number of how many adults with autism Are in their area and whether they had named a person in charge to meet their needs. Argyll and Bute Council is one of two local authorities to show no evidence of progress in those areas according to the NAS report.
The study formed part of the charity’s ‘I Exist’ campaign. A council spokeswoman said: ‘Argyll and Bute Council is committed to providing high quality services including those to people with autism. ‘The learning disability service is being reviewed and the council will look at what data we hold in relation to service users with autism.’ She added: ‘Contrary to claims in the report Argyll and Bute Council does have a named contact with responsibility for autism and the National’ Autistic Society Scotland were made aware of this in early November well in advance of publication.’ Carol Evans NAS director for Scotland said: ‘Autism Is much more common than most people think. There are more than 50000 people in Scotland with autism — that’s one in every 100. Ignored ‘Most adults with autism in Scotland are isolated and ignored and unable to access the support they require.’ She added: ‘Our research revealed than more than 90 per cent of local authorities do not keep a record of how many adults with autism there are in their area.’ Autism report criticises council
Files Family Weekly Coundown 22
02/10/2009.
Our situation remains the same .
Copied below a letter sent on the 16/9/2009 from ,
SHELTER on
"impact assessments"
"equality for disabled persons"
"Disability Equality Scheme "
"Council’s disability equality impact assessment".
To date no surprise ...no reply from ABDC ...
Angus
SHELTER
Housing Aid Center
First Floor Suite 2
Breckenridge House
274 Sauchiehall Street
Glasgow
G2 3EH
Malcolm Mc Fadyen
Head of Community Regeneration
Argyll and Bute Council
Kilmory
Lochgilphead
PA31 8RT
16 September 2009 Dear Mr Mc Fadyen
Re: Angus Files Home Farm Kilninver Oban PA34 4UT
Mr and Mrs Files are seeking advice from shelter on their housing problems. You may recall we have corresponded with you previously on this matter, and so signed consent from the family has already been provided to you. We are aware of communication on this family’s case from other sources to you and during this you have made the Council’s position clear in regards to the recent application made on behalf of the family to the Strategic Housing Fund. Having sought legal opinion on this matter ourselves we would ask that further information be provided to us. In particular, we seek information on Argyll and Bute Council’s arrangements for assessing the impact, or likely impact, of its policies and practices on equality for disabled persons. We note that there is specific duty requirement upon your Authority to conduct impact assessments which provide a mechanism for you to ensure due regard is given to disability equality in decision-making. Subsequent to the above, we would ask that you provide us with Argyll and Bute Council published Disability Equality Scheme which includes any statement on the Council’s arrangements for assessing its impact. Furthermore, please provide confirmation on whether you feel that due consideration has been given to the circumstances of the Files family in line with the Council’s disability equality impact assessment. Thank you for your attention to this matter, we look forward to your response.
Yours Sincerely
Wendy Malloy Senior Housing Advisor Bad housing wrecks lives
Files Family Weekly Countdown 21
25/09/2009
This week we replied and appealed against the"formal offer" received some 8 weeks after viewing from WHHA the property " 1 Ardtornish Place Oban (copied weekly update 19)Another interesting slight of hand "evident by absence" in the "Formal Offer" letter from WHHA was the absence of the appeal process in the " formal offer letter "which everyone and anyone offered a house by the Council is entitled to appeal against ...curious from a Council who seemingly apply so stringently to the guidelines . When this was brought to the Councils attention by
SHELTER ABDC then stated that the time limit of appeal was waived and we are allowed to appeal whenever...so kind!
Our reply and appeal is as follows...Mr Whyte has confirmed receipt of this by e-mail,yesterday afternoon (copied below).
Mr Douglas Whyte
Service Officer
Homeless Persons Section
Argyll & Bute District Council
Dalriada House,
Colchester Square,
Lochgilphead,
Argyll,
PA31 8ST,
E-mail Post signed for
Thursday, 24 September 2009
Dear Mr Whyte
We received a formal written offer for the property 1 Ardtornish Place Glenshellach Oban dated 31st August 2009 from Iona Smith (WHHA attached /enclosed) . It is a surprise to receive this letter nearly seven and a half weeks after our formal viewing on Thursday the 9th July 2009 accompanied by Ailsa Kelly - Argyll Community Housing Association (ACHA) Homeless Officer, Margaret Kaprisky - Social Work Department (SW) and Julie Henderson - Occupational Therapist(OT)
At the viewing we declined the offer and explained at length that our primary reason for doing so was that the property and location were totally unsuitable. To receive your formal written offer nearly two months after viewing and declining the property indicates that, despite the fact that we declined the offer and explained our reasons for doing so, WHHA adheres to the belief that 1 Ardtornish Place Glenshellach Oban is a reasonable offer.
Subsequent to the above I am requesting a review of the offer under the terms of The Housing (Scotland) Act 1987, as amended, section 35A (2)(d). In reference to the Act when considering offers of permanent accommodation, a local authority cannot fulfil its accommodation duties to a homeless household through the provision of accommodation that: Section 32(5)(b) does not meet any special needs of the household. Section 32(8) ensures that accommodation provided for such a person’s occupation is suitable for occupation by such children, so far as consistent with their best interests.
We are especially concerned about this written formal offer as in the time that has elapsed between the viewing and the date of the letter, 31/08/2009, nearly 8 weeks have passed. 8 weekly updates by e-mail, moreover, have been issued to WHHA and the many other people involved detailing our continuing search for suitable accommodation and, most recently, 21/08/2009 weekly update number 16, advised WHHA that we had taken up a short assured tenancy on a house in Kilmelford. We were essentially forced into this action as we saw December and our future homelessness fast approaching with no-one from the local authority or other housing provider having made any contact with us to explore other alternatives, despite our informing you, WHHA et-al, of the unsuitability of 1 Ardtornish Place Glenshellach Oban on the day of the viewing.
As you know, and your letter does not make this clear, we were offered the property 1 Ardtornish Place , Glenshellach, Oban on the 25/06/2009 when WHHA approached us through the medium of a phone call from Ailsa Kelly (AK). Ailsa Kelly outlined the offer on 1 Ardtornish Place saying that it "should" be coming up for rent in September 2009. We advised AK that we thought the property was a very unsuitable property for us and Geoffrey. We based this on our prior knowledge that the housing on the Glenshellach housing estate is extremely restricted in terms of the height of fencing due to emergency access problems , the lack of garden space to house Geoffrey's play equipment, which is a therapeutic necessity, close proximity of neighbouring houses with lack of privacy both for Geoffrey and from Geoffrey, and one of the most important issues being of course the location, pincered between two dangerous roads: one going to the Industrial Estate and the other the main through route to one half of the Glenshellach scheme; there is, furthermore, a bus stop directly behind the house within 18 feet of the back window. This hardly meets required criteria for safety and privacy for an autistic child with a School-assessed mental age of 2 years with an actual age of 12 years? No matter how much money were to be spent, the issues associated with the location could not be addressed by any adaptation.
We were then advised to view the property under threats of withdrawal of support. Based on the above pressure to view the property we did so at Glenshellach
(You Tube) on Thursday the 9th July 2009 accompanied formally by Ailsa Kelly Argyll Community Housing Association (ACHA) Homeless Officer, Margaret Kaprisky ,Social Work Department,(SW) and Julie Henderson Occupational Therapist(OT).
We made the following observations, of which we now remind the Council and WHHA , of the key risks and needs for Geoffrey. These relate to the building aspects of the house, location, and accessibility of essential social and support networks for Geoffrey and the family. All these aspects need to be considered, and in many respects the latter aspects of the housing needs assessment must be given a higher weighting than others.
The location is away from the social networks in Kilmelford that we have made and supports us in a way that is not available in Oban for us Geoffrey and our other children. These supports are critical to us all and not least Geoffrey with his needs for 24 hour support and supervision and his significant need for physical outlet, and to us as family carers who need to respond to this. The house is undoubtedly very large but the layout is rambling and it is hard to see how we could demarcate and close off areas for specific use as stated in the original OT report. It is also on one floor which makes it far harder to close off the night/sleeping area from the day/living area. The house does not incorporate an upstairs and a downstairs as stated by the OT which would act as a demarcation point upstairs for sleep, downstairs for play and lockable. None of the OT`s recommendations are covered by this house. The whole house would have to have exterior and interior walls knocked down to enable viewing of Geoffrey while he is outside. The costs for the re-build would be immense, and time consuming – around two years to quote Mr Mac Fadyen of the Councils planning timescales for projects and in any case, this would not address the physical location issues.
The floor space of the house is very large and a lot of wasted space is in the bed sized corridors obviously to let the previous occupants beds and them, to be moved around in with ease. Geoffrey is not physically disabled. The central heating system is LPG Gas with the gas cylinder situated out in the garden hidden by a hedge - which Geoffrey brought to my attention even on a brief visit as he loves gas and flames. We could never afford to heat the Glenshellach house in gas or even a cheaper form of heating because of its design. Unfortunately, It is fair and reasonable to say that some factors clearly stated in the OT Housing assessment are quite simply non- negotiable and cannot be compromised on, such as "rural locality ,no main roads" etc. If these requirements are not on site to start with they cannot be amended or factored in .If key features of privacy, safety and access to our current locall available supports not in place it would make our life intolerable, never mind the multitude (without digging deep) of other factors (see below) below missing with this house which the Council seem to think are open to compromise or can be skipped over.
The OT report stated r.e. Location of the house "House not to be sited on a busy road."This house sits between two roads with the proposed play area for Geoffrey flanked on one side by Glenshellach Bus Stop and the arterial road to Glenshellach Industrial Estate and Creag Bhan Housing Scheme. On the other side it is flanked by the most heavily used direct road to enter the other half of the Glenshellach estate. This poses both an extreme danger and extreme sensory problems for Geoffrey. The fear of where Geoffrey will escape to when he escapes is a huge and intolerable worry for us and more or less decides which house we can view. Geoffrey wouldn't get a second chance if he wandered on to the road going to the industrial estate if there was a feather, a bit of spat out chewing gum in the middle of the road he would be after it whether a car or a 40 ton lorry was hurtling towards him.Lack of PrivacyThe property is surrounded by houses, We would most certainly feel that we would be left feeling that we would have to try and control Geoffrey's behaviour because of the noise to immediate neighbours; and have to control Geoffrey's out look in life "it’s hot Ill take my clothes off now" scenario. On one side a house not more than 10 feet away where the owners have constructed a lovely patio with table and chairs - how nice it would be for them when the new neighbours move in and they have Geoffrey jumping up and down stark naked until 11.50 PM while they and there friends have a meal outside. We are also aware of various anti-social problems occurring at night and weekends which is escalating as the scheme becomes bigger, resulting for instance in the play park being closed down and when we finished our viewing two young lads were having a punch up outside the house. With haste I pulled out the camera but by the time I got it rolling I was shouted at to stop filming the kids. We consider there is a very real risk of Geoffrey becoming a target for harassment and abuse by these anti-social elements on the scheme. Indeed we already have experience of this happening when he has been in the scheme. Lack of garden
The OT report stated "Garden - Large enclosed garden area to accommodate play equipment for Geoffrey (trampoline/swing etc). Garden to be visible from main working areas of house e.g. dining room and kitchen. Secure high fencing with smooth internal surface possibly with overhang at top, gate to have tamperproof lock. Pipes, drains etc to be tamperproof. Lockable storage shed for larger play equipment."The garden space is not suitable and borders with the main road at the back to the Industrial Estate and neighbours hard to the other side.
In relation to the above we would ask that you also show regard to The Code of Guidance on homelessness Section 9.3 which asks ‘LA’s to always seek to secure long-term solutions to homelessness. Including consideration of the wide range of factors which may impact on resettlement’. This is further supported in Section 9.58 ‘In general local authorities should take into account the importance of offering homeless people a genuine choice of accommodation, as this is more likely to ensure sustainable resettlement. In meeting urgent homelessness cases, local authorities may have to use what houses may be immediately available, including non-council housing. However, in considering what is a reasonable offer, local authorities should take into account the particular circumstances and needs of the applicant and their household.’
Lucy and I do appreciate the offer that has been made and can see that it has much to commend it but the location is not viable for us. it appeared that in certain quarters there was a growing belief that this house might be the “silver bullet “and panacea to all our problems and the “best and indeed only option on offer”. As you are aware, we have in fact been working with a number of partners, including WHHA, for some years in exploring a sustainable long term option involving purpose building. I would ask that along with the views outlined in this review, please also consider supporting Case Law on this these types of matters. This comes from Slater v London Borough of Lewisham 12th April 2006 COA, where the Court defined reasonability of offers in the following context:
‘In judging whether it was unreasonable to refuse such an offer, the decision-maker must have regard to all the personal characteristics of the applicant, their needs, their hopes and their fears and then taking account of those individual aspects, ask whether it is reasonable for the applicant to accept’.
For all the reasons above we do not consider the offer was a reasonable offer and therefore, with regret, could not accept it and wish to appeal this decision that this is an un reasonable offer of accommodation based on Geoffrey’s and our families needs. We would ask that you overturn your decision on the offer of 1 Ardtornish Place. As such, we ask that you conclude this was not an offer, as it does not meet the requirements of Section 32 of The Act.
Angus Files
From: Whyte Douglas
Date: 24/09/2009 16:46:13
Hello Mr Files
Thank you for your letter. We have 28 days to consider the appeal and get a response back to you in writing. I will progress this as quickly as possible.
Douglas Whyte
Service Officer - Homelessness
Files Family Weekly Countdown 20
19/09/2009
This week our situation remains the same .I have received various correspondence and this is being attended to.
Nothing more I can write
Angus
Files Family Weekly Countdown 19
14/09/2009
Sorry for not being able to send this on Friday as BT cut our line a day befre we thought they were going to back on line tonight.
This week our situation remains the same.
Councilor Mary Jean Devon and Councilor Roddy Mac Cuish are trying to broker a meeting for early October with ABDC ..
We received 8 weeks later, a letter this week dated 31/08/20O9 stating the "Formal offer" (copied below)from WHHA for the house 1 Ardtornish Place at Glenshellach.It is indeed an interesting letter from our point of view and which in due course we shall reply to,but due to our house move, we shall reply to later.
Apart from that nothing to report but it seems plenty going on .
West Highland Housing Association Ltd Comunn Thigheadais Na Gaidhealtachd An lar Crannog Lane OBAN PA34 4HB Tel: 01631 566451
31st August 2009 Fax: 01631 565711
Email:
mail@westhighlandha.co.UK http://www.westhighlandha.co.uk/
Mr & Mrs Angus Files Home Farm Kilninver ArgylI
Dear Mr and Mrs Files
OFFER OF ACCOMMODATION - 1 ARDTORNISH PLACE, OBAN I understand that you have secured a Short Assured Tenancy for a property in Kilmelford. However, when looking at your records we omitted to send you a formal offer for 1 Ardtornish Place, Glenshellach, Oban. We are aware when you visited the property that you had reservations regarding the suitability of this offer. However, this offer comes with a Scottish Secure Tenancy and any adaptations that are required we would seek to address. Under terms agreed by the Home Argyll Partnership, homeless households will be made a maximum of two reasonable offers of permanent accommodation. If a first reasonable offer is declined, Argyll and Bute Council Homeless Service will meet with the applicant to discuss their housing circumstances, needs and aspirations. This discussion is likely to result in a second and final offer of permanent accommodation, and this will be your final chance of being offered accommodation based on your priority homeless status. Please contact Area Homeless Staff to discuss this in full. I noticed when checking our records that our system has not been updated with your new address. Please can you complete the attached Form to enable us to update our records with your new address.
Yours sincerely
Iona Smith
Senior Customer Services Officer
Thanks to all
Angus
Files Family Weekly Countdown 18
04/09/2009
This week matters remain the same , various huddles have formed between all with nothing coming out of the huddles constructively hence the need for a meeting between all.
Files Family Weekly Countdown 17
28/08/2009
This week our situation remains the same.
A letter has now been sent out to Argyll And Bute District Council from
Ownership Options seeking to work more closely with the Council to come up with a solution.
No other responses detailed the previous week have been responded to..
No meetings have been agreed by ABDC for anyone ...
I could go on
Thanks
Angus
Files Family Weekly Countdown 16
21/08/2009
Blog
http://geoffreyfiles.blogspot.com/.
This week
We have agreed with one of the Estate Agents in Oban to accept a short assured tenancy for a house in Kilmelford we should be taking over the house in two weeks time .
If Mr Mac Fadyen had acted on the Specific build option when he took his "its my money stance" and "two years to build a house " 04/07/2009 (Shelter Letter) we would now be nearly 3 months down the specific house build detailed by all plus the six months tenancy we have just brokered, we could be nearly 9 months down the road of a specific build by the end of this tenancy, is this not negligent of Mr Mac Fadyen to do nothing and prevaricate .
I believe Ownership Options are in the process of sending out a letter(today) seeking to work more closely with the Council to come up with a solution.
Mr Alan Reid MP has written to Mr Mac Fadyen ,Mr Mac Fadyen's reply and positioning remains the same as previously documented along the lines of, 2 years to build a house ..quite simply his reply hardly merits mentioning
From: MacFadyen, Malcolm [mailto:Malcolm.MacFadyen@argyll-bute.gov.UK] Sent: 18 August 2009 09:19To: REID, AlanSubject: RE: Mr & Mrs Angus & Lucy Files, Home Farm, Kilninver, Oban PA34 4UT
Dear Mr Reid,
I have just returned from leave so apologise for the delay in getting back to you.
The Council is currently dealing with a homeless application that has been received from Mr and Mrs Files.Following investigation of the case,we have determined that the family are homeless and have priority need for accommodation.This determination has arisen in view of the unsuitability of the family’s present accommodation.The Council is also aware that they are required to vacate their home around the beginning of December,having been presented with a Notice to Quit by their landlord.
Given this background and our knowledge of their specific needs arising from Geoffrey’s autism,the Council has been working in partnership with the Scottish Government and West Highland Housing Association to try to establish an appropriate housing solution.In doing so we have also been taking advice from the Community Occupational Therapist and the Social Worker who has been supporting the family.We will continue to do all that is possible to establish the best possible solution given the nature and extent of housing availability within the social rented sector.The Council’s area homeless staff are maintaining contact with the family to keep them advised of developments.
Moving on to the issue of the Strategic Housing Fund application,I can confirm that following consultation with staff from the Government’s Housing Investment Division and West Highland Housing Association,the application for support was turned down as it did not meet the criteria set by the Council for use of the fund.Both the Government and association have been made aware of this outcome and fully appreciate the Council’s position.
In moving forward,please be assured that the Council is discussing potential use of this fund with our RSL development partners and the Government on an ongoing basis.These discussions are held within the context of the Strategic Housing Investment Planning system which is used to prioritise investment via the Affordable Housing Investment Programme.This is necessary as commitment to provide Housing Association Grant Funding is an essential pre-requisite to any RSL scheme being supported via the Strategic Housing Fund . Currently the Government have made no programme provision through West Highland Housing Association to enable the provision of housing for the Files’ family at Kilmelford.I also understand that while a potential solution has been discussed in the background,this is merely in concept form at this stage and the association have yet to obtain ownership of the land that was proposed for development.In view of this background,given that the family is due to become homeless within a few months,a new build solution is simply not a viable option.
Please do not hesitate to contact me if you wish further information.
Yours sincerely,
Malcolm MacFadyen,
Head of Community Regeneration.
MSP Jim Mather is contacting Mr Mac Fadyen , ABDC ,et-al ,so a meeting can be held to cover all options.
Last week
Sally Reid Chief Director of Argyll & Bute District Council followed the lead taken the previous week by
Douglas Dunlop Head of Service – Children & Families, in blocking/filtering my e-mails ...were of no interest homelessness, eviction, and threats of child care orders,are things that only happen to other people it seems..
Various others are doing the best they can to help us and we appreciate this.
Angus
14/08/2009
Files Family Weekly Countdown 15
This week our situation remains unchanged.
Mr Alan Reid MP has informed us of his writting, to Mr Mac Fadyen concerning us and our failed application to the Strategic Housing Fund as follows we share Mr Reids hopes for us and we hope that we "will not have to wait for much longer"
Dear Mr & Mrs Files
Thank you for your email giving me the background to your wait for a
House suitable for you and your family. I was sorry to read of your long
Wait. I have written to Malcolm Mac Fadyen, the Council's Head of
Community Regeneration, and will let you know his reply.
I hope that you will not have to wait for much longer.
Yours sincerely
Alan Reid MP
95 Alexandra Parade, Dunoon, Argyll PA23 8AL
Tel. 01369-704840
Fax. 01369-701212
Councilor Mary Devon awaits Mr Mac Fadyen on his return from annual vacation(Monday past) ,to fix a date so to enable a meeting that all matters can be discussed by all concerning WHHA application etc.
We have pursued 3 properties for private rent this week, one we are still in the running for the other two were unsuitable for various reasons.
07/08/2009
Subject: Files Family Weekly Countdown 14
This week our situation remains the same .
We received a letter from Alex Neil forwarded to us by MP Alan Reid copied below(read it now), much appreciated and attached above, Alan now on the list .
I would just like to know how Mr Neil can sleep at night when writting these banner grabbing headlines but then again with the fivers rolling in per minute in the job he holds one, probably sleeps better convincing yourself your doing a great job MR NEIL WERE DELIGHTED FOR YOU.
HOW'S that for a hubristic, fate-tempting letter packed full of headline grabbing hogwash .
Mr Neil has seen our situation for months now and the Council for 5 years , and has seen that the system is negligent .The Council refuse to part with the cash and Mr Neil's letter resembles zilch anywhere near what happens in the real world outside the Quasi- Government bubbles of Edinburgh and Westminster.
So what can Mr Neil do to make the Council part with the cash?well nothing it seems.
At the bottom of his letter are more cases I have quickly pulled from the web where ,the Councils have dug themselves in and refused to part with the cash.These cases are then, essentially driven into the throws of High Courts to resolve the issue ,a High Court Judge more often than not,then makes the Councils cough up.This is after the Councils et-al spending thousands of pounds more defending the position they take much more than the funds sought to alleviate the housing dilemas in the first instance in our case 53 K.
Minister for Housing and Communities
Alex Neil MSP T: 0845 774 1741 E:
Scottish.ministers@Scotland.gsigov.UK Mr Allan Reid MP
reida@parliament.UK Our ref: 2009/0021693 July2009
The Scottish Government
Thanks you for your e-mail of 5 July in which you draw attention to the report published by the
Every Disabled Child Matters campaign in June 2008, and their assertion that “families with disabled children are more likely than other families to be living in bad housing. Indeed, they may be one of the worst housed groups in Britain”. Whilst the report is aimed mainly at UK Government Ministers you would like to know what plans the Scottish Government has to improve the lives of disabled children in Scotland. The Scottish Government believes that every disabled person in Scotland should have access to a home that suits their requirements, including disabled children of able parents. To support this belief there are a number of policies in place to help us achieve this aim, including: In March 2008 we published new guidance for local authorities on housing need and demand assessment. This provides a step by step approach to assessing housing need and demand across all tenures and includes advice on how to produce an estimate of need and demand amongst household groups who have specific housing requirements, including disabled people. We have made a commitment in the Scottish Government Disability Equality Scheme to review the effectiveness of the guidance on housing need and demand assessment in helping local authorities identify the housing requirements of specific groups. We will do this once weve had a number of local authorities complete assessments.
We issued new guidance on Local Housing Strategies in June 2008. The Local Housing Strategy is now the sole strategic document on housing, homelessness and housing support issues. This Will help facilitate the effective integration of strategic thinking on housing and housing support issues, which is particularly relevant in relation to housing provision for disabled people. The data and evidence about the needs of disabled people — collected as part of the housing need and demand assessment — will inform the preparation of the local authority’s Local Housing Strategy. The Local Housing Strategy must demonstrate that it has taken account of the needs of equality groups —including disabled people - and that there is a dear link between needs identified in the housing need and demand assessment and the outcomes identified in the Local Housing Strategy. We will also be expecting to see how meaningful engagement with equalities groups has influenced the Local Housing Strategy and checking that there are clear links between the Local Housing Strategy and the local authority’s Gender, Race and Disability Equality Schemes and any other relevant equality strategies. Over £1 I'm was made available through the Affordable Housing Investment Programme last year to support adaptations to existing Housing Association homes to meet tenants’ needs. Grants of up to 100% are also available for homeowners to make adaptations to their homes to cater for disabled people. Housing Associations are normally required to build to Housing For Varying Needs standards as a condition of grant funding. Over 95% of registered social landlords new build schemes met all the essential design features specified in Housing for Varying Needs guidance last year. Accessibility levels generally have been further enhanced by the 2007 Building Regulations which apply to all new housing. On the 1St of May 2007, revisions to the building regulations in Scotland were introduced which apply to all new dwellings. These take a more inclusive approach to design and incorporate much from the concept of the ‘Lifetime Homes’ standards adopted in England. They introduce key recommendations to all development and complement current ‘housing for varying needs’ standards applied in the public sector housing for delivery of ‘barrier-free’ homes. This will ensure that new housing built in Scotland is both more immediately accessible and simpler to adapt to suit the changing needs of occupants. Revised standards and guidance include: • provision of access to a wider range of dwellings and ensuring that previously problematic properties, such as townhouses where most accommodation is on an upper storey, are more accessible • provision, on one level, of an apartment and kitchen of a defined minimum size and improved accessible sanitary accommodation which now includes a bath or shower • improvement and wider application of minimum door and corridor sizes, now applied within each storey of a dwelling rather than only on the entrance level • widening of stairs within dwellings to allow fitting of extra handrails or a stair lift in the future, improving access to upper floors • guidance on common adaptations to build greater flexibility into dwelling designs, to enable simpler alteration to suit the needs of future occupants • guidance on the accessibility of controls within dwellings to ensure they can be reached and used by all These changes should ensure that a dwelling is usable by almost any occupant, including many people who use a wheelchair. This will make all new housing more suitable for a far wider range of people, though Will not remove the need for construction of purpose-designed dwellings to address particular needs. The changes introduced in May 2007 complement the present programme for delivery of barrier-free homes in the public sector. As the building regulations apply to all new domestic buildings, across both private and public sectors and all tenures, this Will significantly increase the rate at which housing is delivered that is both more immediately accessible and better suited to adaptation to address the var,ing needs of householders. I hope this reassures you of our commitment to ensure housing needs for all disabled people, including of course children, are given appropriate priority in our future planning. A/wt ALEX NEIL U
Angus
Attached is the reply that I have received from the Minister for Housing and Communities at the Scottish Government outlining the Scottish Government's plans to improve the lives of disabled children in Scotland.
If there are any points in the reply, or if there is anything further that you wish to raise with me, please do not hesitate to get in touch.
Best Wishes
Alan
Alan Reid MP
95 Alexandra Parade, Dunoon, Argyll PA23 8AL
Tel. 01369-704840
Fax. 01369-701212
And just to show that we are NOT , the only family experiencing the same problems ...takes a Judge to make the Councils part with the cash..
Autistic boy's mother wins long battle for living spaceBy Fergus Black
Friday May 11 2007
A MOTHER'S six-year battle to provide extra accommodation for her autistic son has resulted in a "ground breaking" case that will have major implications for local authorities around the country.
It could mean that local authorities will have to convert council houses to suit disabled people or give them a new adapted home.
http://www.independent.I.e./national-news/autistic-boys-mother-wins-long-battle-for-living-space-654745.HTML
Council's Duty of Care is Absolute
http://www.marshferriman.co.UK/site/library/latest/councils_duty_of_care_is_absolute.HTML A JUDGE has given Hackney Council chiefs less than a month to comply with a court ruling to end an autistic man's housing misery - or face contempt proceedings, which carry the threat of jail.
http://www.hackneygazette.co.UK/content/hackney/gazette/news/story.aspx?brand=HKYGOnline&category=news&tBrand=northlondon24&tCategory=newshkyg&itemid=WeED18+Aug+2006+08:06:41:913 "The failures here had significant consequences for the health, happiness and wellbeing of the whole family, as well as for the (girl's) development at an important stage of her life."
http://www.thisiswiltshire.co.UK/news/2234234.council_failed_autistic_girl/
Autistic boy forced to sleep on sofa
STIRLING, Scotland: An autistic boy has been forced to sleep on a sofa for months because his family’s home is too small.
The Robertsons have been told they do not meet the guidelines to have an extension built. And after a year on the housing list, they have no idea how much longer they must wait for a move.
Nine-year-old Sean Robertson has been sleeping on a couch in the family’s living room for months because his behaviour is too extreme to allow him to share with his brother and sister.
His mother, Debbie, wanted to add an extension to their home in King Street, Fallin.But Stirling Council says that, because Sean does not have a physical disability, he does not meet the criteria for a ground-floor extension.
The council suggested converting the attic but Debbie said: “Because this is a wood-built house rather than brick, a conversion like that wouldn’t meet fire and safety regulations. We have tried to find people who might want to take part in an exchange, but because our circumstances are so unique we haven’t had any success on that front.
“We are also on the housing waiting-list now. But there are very few four-bedroomed houses around and there are complications with housing points if we want to move to another three-bedroomed. Even if we did get one, it would have to be one which could be converted or extended.”
Debbie said Sean’s behaviour was particularly unpredictable, making it impossible for him to share with his brother. As he gets older and physically stronger, he has to be even more closely supervised.
“I particularly want Sean to have a downstairs room so that my other two children can have their own space,” she said. “It would also make it much easier for me to keep an eye on him throughout the day. We are just living in limbo at the moment. We are very happy in this area but if we had to we would move elsewhere.”
A Stirling Council spokesperson said: “It was assessed that a downstairs extension would not meet their son’s particular needs. The family is currently on the housing list for a four-bedroomed property but the council has very few such properties in its housing stock. They have been given advice on maximising their chances of being rehoused.
“We sympathise with their situation and are aware of their circumstances and are trying to help them as best we can, so hopefully a solution can be found.”
(Source: Stirling Observer, June 30, 2004)
Files Family Weekly Countdown week 13 , 31/07/2009
Our situation remains the same .We have talked to various people this week on the list and are aware of developments that might assist us in the future.Nothing more to report apart from
Geoffrey's blog that I have been attending to recently
http://geoffreyfiles.blogspot.com/
We viewed two (private lets) properties this week but both were unsuitable due to location with roads and water to close for comfort.
A
From
Files Family Weekly Countdown 12 , 24/07/2009
This week our situation remaining the same based on ,no electronic mail received from anyone.We have been informed of another house in Kilmelford that is for sale and that the owner may consider offering a 6 month short assured tenancy, with access to potential buyers,while the house is for sale this brings the total to three possible houses for rent in the Kilmelford area.
Files Family Weekly Countdown 11 , 17/07/2009
As mentioned last week we are staying in a static caravan on holiday for our annual two weeks down in Dorset so I am operating from my sons school laptop (unable to send attachments etc but can send them opened). Normal service shall be resumed on return.
Our homeless housing situation remains the same.
This week we received a letter (below) announcing, with no clear detailed explanation why, the end to the Strategic Housing Fund (SHF) application submitted by WHHA on our behalf. Maybe this is open to appeal and possibly WHHA can re submit it .
Can the Council give us a full and detailed explanation of why our application falls short of the Mark despite its own web site stating differently
here The house at Kilmelford falls into the affordable Housing criteria detailed by all in the application?.
"3.1 The Council agreed to set up a SHF in July 2007. The SHF was
Created from the residual balances on the HRA following housing
Stock transfer and the council tax collected on second homes. The
SHF can only be used to support the development of affordable
Housing. "
We have been advised there are many other Housing funds available to tap into to make up the 60k shortfall for the build at Kilmelford that the Council could easily apply the WHHA application to but cant see past adaptation..and are unwilling to do so hell may freeze over first seems to be the attitude.
The letter (below)received from J C expresses the interpretation of government and Council policy seemingly endorsed by Miss Shona Robison/Hosie MSP for Health and Sport husband of Stewart Hosie MP . Seemingly Shona received one of my e-mails as mentioned below from D McI () which is curious,as I have never written to Shona concerning my housing situation nor has our situation been pigeon-holed into a Health problem or moreover Sport. I have no correspondence, whatsoever, from anyone on the "Health Team "in Oban who are all very familiar with Geoffrey's health and educational issues but have no idea of our housing situation. Maybe Mr McI would be so kind to explain the involvement of S R whose apparent commitment to saving taxpayers money does not extend to herself and her husband see link
4 cushions costing £160 ? Why is a Minister for Health and Sport involved in a housing matter and what authority does she have to make a decision regarding funding for housing?
From JC Gsi .gov
Date: 15/07/2009 15:07:48
To:
Subject: Files family housing: Your email to me of 22 June, and email of 22 June from S to S R MSP
Please find attached reply in connection with the above.
Your ref: Our ref: 2009/0020214OR14 July 2009
Dear Mr Files
Thank you for your email of 22 June to S R MSP Minister for Health and Sport and to the Minister for Housing and Communities. I have been asked to reply.
The Council has advised me that they do not consider that the application from WHHA for supplementary funding for a purpose-built house at Kilmelford falls within the criteria for the Strategic Housing Fund.
I am in receipt of your email of 13 July and am aware of the reasons for your refusal of the offer of a special needs house at Glenshellach.
The Council has accepted you as homeless and will be continuing with their efforts to identify a suitable property. We will do what we can to assist including making available funding if required to adapt any properties to meet your family’s needs.
Yours sincerely
J CInvestment Co-ordinator
To explain our situation
The Emperors New Clothes
Is the simplest metaphor I can think of in trying to explain the Councils actions. It would seem nobody wishes to realise that the housing being provided for families coping with autism is inappropriate to the point of negligence. There is a constant insistence that existing housing is/could be suitable when it simply is not. Disabled housing currently addresses only the needs of the physically disabled, not the mentally disabled. Last week we were told categorically that the House at Glenshellach was "the best house in the housing stock " but its location is directly contrary to stated requirement being bounded down one side by an arterial main road to the Glenshellach industrial estate. No adaptation could rectify that. Thus we go round in circles, the point being that there is nothing suitable in the housing stock hence the need for a purpose built house and this direction taken years ago with WHHA and ACHA a purpose built build..
So how can the talk by ABDC et-al be in terms of adaptations "We will do what we can to assist including making available funding if required to adapt any properties to meet your family’s needs."
Or to put it into Hans Christian Andersen speak ...
"The Emperor cannot see the (non-existent) adapted House, but pretends that he can for fear of appearing stupid; his ministers do the same. When the swindlers report that the house adaptations are finished, they show off the house in
mime. The Emperor then goes on a procession through the capital showing off this new "house". During the course of the procession, a small child cries out, "But the house is wrong " The crowd realises the child is telling the truth. The Emperor, however, holds his head high and continues the procession."
The Council and its caravan of members and legal advisers , I'm sure do realise that they are breaking the law,and discriminating against us ,in its duty of care towards Geoffrey by not meeting Geoffrey's and his familys needs,endured over the past 5 years hence the contempt and prevarication visible to all except the Emperor and wise friends .
FILES FAMILY: HOUSES CONSIDERED FOR PRIVATE RENT
We have received a non favorable reply from the house we were pursuing for rent last week as below.There are a few others we will be looking at shortly.
Dear L,
I am sorry to say that the couple that came to look at the house on Friday want to take on the house, but I will definitely keep you in mind if anything else comes up (we seem to have gone through a spate of them recently !!)
I hope you have a good holiday in Dorset, good luck with the house hunting. Maybe see you at school one day, failing that Tesco's car park !!.
All the best T C
Thanks to all with our concerns at heart
A
Date: 09/07/2009 23:55:27
Subject: Family Weekly Countdown 10
This week our situation remains the same.
House at Glenshellach Today
(You Tube) Thursday the 9th July 2009 we visited the house at Glenshellach. The house is undoubtedly very large but the layout is rambling and it is hard to see how we could demarcate and close off areas for specific use as stated in the original OT report. It is also on one floor which makes it far harder to close off the night/sleeping area from the day/living area. Unfortunately, as far as we are concerned the house is unsuitable but many thanks to M K (SW), J H (OT) A K (ACHA) for showing us, Geoffrey and the kids round.
It is fair and reasonable to say that some factors clearly stated in the OT Housing assessment are quite simply non- negotiable and cannot be compromised on, such as "rural locality ,no main roads" etc. If these requirements are not on site to start with they cannot be amended or factored in .If one of the house key determining factors such as locality is not in place it would make our life intolerable never mind the multitude (without digging deep) of factors below missing with this house which the Council seem to think are open to compromise or can be skipped over ,unbelievable.
The house does not incorporate an upstairs and a downstairs as stated by the OT which would act as a demarcation point upstairs for sleep ,downstairs for play and lockable.None of the OTs recommendations are covered by this house. The whole house would have to have walls knocked down to enable viewing of Geoffrey while he is outside although this is all negotiable and factorable in , the costs for the re-build would be immense plus planning etc and any architect worth his salt would tell you its a non starter.(knock it down start again).The floor space of the house is very large and a lot of wasted space is in the be sized corridors obviously to let the previous occupants beds to be moved around with ease.The central heating system is LPG Gas with the gas cylinder situated out in the garden hidden by a hedge which Geoffrey brought my attention to he loves gas and flames.We could never afford to heat the Glenshellach house in gas or even a cheaper form of heating .Having 30 years experience in the building trade I can quite accurately say it would cost more to amend the house suitable to Geoffrey's needs than it would for the Council to supply the shortfall they are being asked for just now for the new build. The house would still be lacking and of single storey and would not match the OT Housing assessment of two storey .
The OT report stated r.e. Location of the house
"House not to be sited on a busy road."
This house sits between two roads with the proposed play area for Geoffrey flanked on one side by Glenshellach Bus Stop and the arterial road to Glenshellach Industrial Estate and Creag Bhan Housing Scheme.On the other side it is flanked by the most heavily used direct road to enter the other half of the Glenshellach estate. This poses both an extreme danger and extreme sensory problems for Geoffrey. The fear of where Geoffrey will escape to when he escapes is a huge and intolerable worry for us and more or less decides which house we can view. We feel Geoffrey wouldn't get a second chance if he wandered on to the road going to the industrial estate if there was a feather, a bit of spat out chewing gum in the middle of the road he would be after it whether a car or a 40 ton lorry was hurtling towards him .
Lack of Privacy
The property is surrounded by houses,We would most certainly feel that we would be left feeling that we would have to try and control Geoffrey's behaviour because of the noise to immediate neighbours and control Geoffrey's out look in life "its hot Ill take my cloths of" scenario. On one side a house not more than 10 feet away where the owners have constructed a lovely patio with table and chairs how nice it would be for them when the new neighbours move in and they have Geoffrey jumping up and down stark naked until 11.50 PM while they and there friends have a meal outside..We are also aware of various anti-social problems occurring at night and weekends which is escalating as the scheme becomes bigger, resulting for instance in the play park being closed down and when we finished our viewing two young lads were having a punch up outside the house. With haste I pulled out the camera but by the time I got it rolling I was shouted at to stop filming the kids by some loud female (lovely area) . We have no desire to make Geoffrey included as some sort of freak show to be jeered at by these anti-social elements on the scheme which he has been in the past while I had him visiting my sisters.
Lack of garden The OT report stated
"Garden
Large enclosed garden area to accommodate play equipment for Geoffrey (trampoline/swing etc).
Garden to be visible from main working areas of house e.g. Dining room and kitchen.
Secure high fencing with smooth internal surface possibly with overhang at top, gate to have tamperproof lock.
Pipes, drains etc to be tamperproof.
Lockable storage shed for larger play equipment."
The garden space is not suitable and borders with the main road at the back to the Industrial Estate and neighbours hard to the other side.
Lucy and I do appreciate the offer that has been made and can see that it has much to commend it but the location is not viable for us.
Attached is Mr Mac F`s reply to SHELTER received 04/07/2009 Mr Mac F`s letter besides other bizarre remarks ,he states a 2 year build. I ask Mr Mac F would it be possible to give a break down of how this time frame is calculated? The maximum amount of time for the build , that I and the majority of other professionals involved in this project on this mailing list s can come up with is 8-9 months given that the design and costings are all in place? I answered most of Mr Mac F's points in my previous e-mail last week (below) so no point in repeating myself again.
Attached is WHHA Strategic Housing Fund Application
Attached is the Plans and Costings for the House build at Kilmelford
A meeting took this week involving Mr Mac F et-al which I think qualifies as a" case conference "(at last ). Amongst other issues I find it quite disturbing that the issue of a care order for one or all of my children be mentioned because of my Caravan comments last week. I believe this was rebuked in the strongest terms by SW because we would not be the only other family in ABDC living with children in caravans if we had to stay in caravans again. Also the fact my family are doing very well with the best care and attention two parents can offer despite the obstructions put up by the Council in helping us with accommodation..
Private rents
We are away on holiday for 2 weeks and have a viewing arranged for a house when we come back ,if the people viewing it this weekend don't don't accept it .
Two other properties are also coming up for rent shortly we hope to be accommodated in one shortly.
-------Original Message-------
Date: 03/07/2009 11:50:48
Subject: Family Weekly Countdown 9
This week our situation remains the same as it was 9 weeks ago when we received our 8 week notice to quit with no urgency from ABDC to resolve the issue.
We were asked this week by J F, Ownership Options (OO), and M K, Social Work (SW) to go and view property at Glenshellach which we were asked to view was offered to us at the end of last week and which we refused. This was following a request from E R on behalf of the Council and WHHA that we do so and it appeared that in certain quarters there was a growing belief that this house might be the answer to all our problems and the best and indeed only option on offer.
A suitable appointment date is being arranged by A K(ACHA) and M K SW with the tenant currently inhabiting the property.The lease is thought to be expiring at the end of September 2009. While this viewing is arranged we hope all concerned realise that this property is not suitable in any way shape or form for Geoffrey and all concerned must continue to progress forward with all possible urgency the Strategic Fund Application.
I would like to explain why last week we refused the house without viewing it in addition to our explanation in the previous e-mail (see below). I have two sisters who have lived on the Glenshellach Scheme since it was built in 1997 and both their homes are within yards of the house under consideration at the moment. One of my sisters, moreover, lived in exactly the same design of house as the one being offered. I have often helped paint and repair the property while my sister rented it (she moved out towards the end of last year) and it is entirely fair to say that I know the house design very well and hardly need to view the house type or location. I am also aware of the garden space or more apt, the lack of garden space, in this WHHA scheme and hand in hand with this also goes the lack of privacy which is highly problematic when you have a loudly vocal autistic child/young adult who manifests a range of bizarre and at times entirely inappropriate behaviours. I must lay heavy emphasis at this point that in seeking what is considered a large garden area we are not trying to gain a luxury house but a facility that is vital for Geoffrey's health, stability and well-being. A garden large enough to accommodate his 14ft trampoline, his swing (which is triple width frame to hold only his swing seat for safety reasons) and his climbing frame is a therapeutic necessity to provide a safe outlet and release for his anxiety and stress-generated extreme energy and hyperactivity. We were told that the Council is willing to make any adaptations required to this property but no amount of adaptation would render this house suitable for Geoffrey. When we view the house I will give a detailed enumeration of its unsuitable features witnessed by SW detailing why this property is so lacking for a young person with autism as it affects Geoffrey i.e. High levels of anxiety and stress probably resulting from profound sensory dysfunction, extremely physically active, very vocal and loud, very self directed, very locked into a range of self-stimulatory, bizarre, often inappropriate and even dangerous behaviours and severely developmentally impaired particularly in the areas of social awareness, social relatedness and theory of mind. The manifold problems and stress houses of this layout cause for the likes of Geoffrey seemed to have been agreed on by WHHA in 2007(attached ) hence the route of specific individual build adopted after many thousands of pounds spent in consultations by WHHA before embarking down the route we are on just now (attached).
01/07/2009 We have asked WHHA for a copy of the Strategic Housing Fund Application submitted on our behalf as it seems it might not incorporate all of Geoffrey's difficulties .I assume this going by the non response to all ,stance, Mr Mc F has adopted highlighting a lack of urgency.The blind intent from ABDC to house us in a property from stock not suitable to Geoffrey's needs,rather than taking the Strategic Fund Application ,forward which the Council are requested to donate only the smallest contribution the bulk being made up from out with the Council.
30/06/2009 After a meeting at the Multiple Sclerosis Center`s meeting room in Oban,with Councilors R Mc C and M D both are in the process of arranging a meeting with Mr Mac F with a
Bob Geldof approach of give us the money as they say "this (Kilmelford house build) needs to be supported". Many thanks for this marvellous and refreshing superb support and all efforts are greatly appreciated..
30/06/2009 After my Meeting with Councilors M and R, I had a conversation with E R, initiated by M K to contact her by phone to confirm with E that we shall view the property at Glenshellach. I discussed with E the possibility of maybe siting a static caravan or two joined together on the WHHA site in Kilmelford while the build commences or is ongoing if we are evicted from here and the house is not completed. The site would need to be securely enclosed which could be done with the temporary, anti-climb security fence panels used to enclose building sites and which we ourselves used very effectively to secure a rented property in Aberdeenshire. We lived in a similar set-up for six months in Scammadale Glen (this was due to the size of the adjoining field and privacy) before moving into the house we rent just now. This might have to be considered as a contingency for the future which would be far preferable since the proposed site in Kilmelford offers privacy both for Geoffrey and neighbours, Geoffrey is well-known in that community, his condition is accepted and he is not viewed as a freak or a spectacle and we know many of the residents of Kilmelford who view our situation with understanding and compassion. This would be preferable to moving into Glenshellach with no adequate garden and lack of privacy for Geoffrey.
No suitable properties were available for rent this week on the private market.
01/07/2009 Finally due to popular demand a small 4 min video of Geoffrey in his splash pool and slide,filmed 11.20pm all this equipment will have to be increased in size as he becomes older(if not now).Geoffrey's aunt`s compellation and band....
BODEGA Scottish Folk Band supplying the music to this one .
http://www.youtube.com/watch?v=8iJaIvMPbYk
Regards to all helping Geoffrey and us.
A
Subject: Family Weekly Countdown 8
This week there has been no change and if we hadn't brokered an extension to our notice to quit served on us 8 weeks ago we would now have been out on the streets.
24/06/2009 Shelter Housing have now written to Mr Mc F expressing extreme concern (as attached)
25/06/2009 WHHA approached us through A K with the offer of another very unsuitable property at the Glenshellach development that "should" be coming up for rent in September. I refused this offer knowing very well (because this option has been looked at 2 years before) that the housing on the Glenshellach housing estate are extremely restricted in terms of the allowed type and height of fencing, the lack of garden space to house Geoffrey's play equipment, which is a therapeutic necessity, close proximity of neighbouring houses with lack of privacy both for Geoffrey and from Geoffrey, etc etc.
I informed M K of this offer asking for SW support of our justified rejection of it. M SW supports our position on this whole heartedly ( as attached).
Yesterday I was passing the time while watching Geoffrey jump, spin and tumble (as you do when he is not at school ) on his trampoline and, having our camcorder at hand filming the sunset , at the time, I managed to capture some of his antics on film. I managed to film him nonchalantly escaping ,oblivious to me watching him .
Titled on You Tube as ..
"Autism Dream Location ? Not The Dream Life"(Its getting quite a few hits as you can see since last night)
http://www.youtube.com/watch?v=5bVrm0HxF2s
There were no private rents suitable for our needs this week .
Regards to all that are trying to help Geoffrey
Subject: Family Weekly Countdown 7
This week our situation remains unchanged .We believe, the Council were in the process of actively pursuing a number of potential rehousing options including, as we understand matters, assessing existing housing stock and any property adaptations that might be necessary to to meet our family’s needs.
While we welcome any constructive attempts to identify possible accommodation suitable to our needs, we are extremely concerned to think that the Council might possibly be going over well-trodden ground by reviewing old or recurring housing stock. This has been done by WHHA and ACHA and both have stated, quite specifically, that they have nothing that suits our needs hence the necessity for a new build.
Over the past 4 years Housing (WHHA and ACHA ), assisted by Ownership Options and urged on by Social Work, have come to the inescapable conclusion that there is no possible solution to be found in reviewing current housing stock or even forthcoming builds of new housing stock that already has a planning blueprint. Hence the requirement for a new build specific to our family's needs. ABDC and all departments, moreover, now have all the supporting information requested for several weeks ago I.e. OT reports, Carers Assessments, Housing architectural detailed plans, Housing costing's and grant funding from Ownership Options etc.
We can only hope that all the Departments concerned are looking at all the possible ways to move a new build forward with all expedition.
12/6/2009 We received acknowledgement from ABDC Housing of being officially homeless.
16/6/2009 We received acknowledgement from ACHA that our points total is now 200 which puts us in we believe the most urgent category , Priority 1.
Subject: Family Weekly Countdown 6
Since we e-mailed the other week saying we have an extension on the lease until 4th December the sense of urgency and purpose regarding our housing predicament seems to have dissipated. Perhaps all concerned are lulled by a spurious sense of non-urgency and a false impression that there is plenty of time from now until the expiry of our lease in December. May I remind all concerned that time is of the essence .
It is even more worrying to think that we now would have been only two weeks away from eviction from this house if we hadn't managed to broker an extension,and we seem to be as far away as we were 6 weeks ago from getting into a house suitable to Geoffrey's and our family's needs. Without sounding ungrateful I envisage myself writing this same letter in December.
L and I are both deeply concerned that there is a real possibility that our family could be shipped into a B & B when the end of our lease comes, common practice for the Council we have seen in the Oban Times over the years. In our case, with Geoffrey, this is simply not an option and apart from anything else I doubt if any B&B would have us bearing in mind Geoffrey's daily and everyday attempts of flooding, fire raising, noises, indecent exposure, smashing cups out of windows, escaping, masturbating in public, urinating into any conceivable vessel and throwing it, thieving of food and toiletries, fixation with any computer he happens to see, etc, etc, etc.. Moreover, escape from this property is becoming a more significant danger as each day passes and Geoffrey grows bigger, quicker and able to step over the fence at any one point. I am sure everyone has read about his recent escape and the rapidity with which he accomplished it and the main road is only a 26 feet away on a 60mph very fast dangerous blind corner.
I ask you with haste to bring to fruition a timetable of progress to enable us to move into a house suitable to Geoffrey's needs and his family's needs ,as we are all currently desperately anxious .
1. It would be very helpful for the Council to enlighten us all with the process and timetable now for how the Council considers applications to their Strategic Investment Fund-this is to make up the shortfall for a build at Kilmelford discussed over the past 4 years in minute detail between us and WHHA ,Ownership Options et-al I believe the shortfall is around 56k.
2. Is anything going on between social work and housing as far as I'm aware there is nothing going on? For example, has any senior in SW made any direct representations to the Council's senior Social Work people and Housing people about the impact to SW and social work budgets if we are made homeless, and worse scenario Geoffrey has to go into care ,the Council is then looking at a tab of 325k per year(plus extras) to care for Geoffrey? This is because ,quite simply there is nobody in this planet, not even us ,that could cope with him in a B & B(we have tried on various holidays and have great stories to tell ,fire sprinklers spring to mind )
3. Has anyone called a case conference? If not I wonder if this is something that maybe some of you professionals very experienced in this homelessness scenario could be trying to broker on our behalf.
4. Are we now technically homeless in the eyes of the Council et-al as this is a label we should have had years ago going on the advice from SHELTER..
We appreciate the help shown by everyone .
Regards
A
Subject: Family Weekly Countdown 5
This week we have seen the following developments
29/05/2009 We have received an updated housing points total from ACHA (attached) We now have 130 points ,while pleased with an increase does it push us closer to a house suitable to Geoffrey's needs.
29/05/2009 Geoffrey escaped at 9.30pm and was missing for 20 minutes my wife ,my son,his friend and myself were out frantically shouting at the top of our voices at the same time looking to see where he had gone to,we couldn't find him .We received a phone call from Martin the Kilninver Estates manager saying that he had Geoffrey down at his house and put him on his daughters trampoline.He seemingly had gone into the , Kilninver House and been wandering around down stairs as the daughter was upstairs petrified as she thought he was a burglar she phoned Martin ,Martin recognising him ,and persuaded him out of the house and along to his daughters trampoline.It is by luck only that, Geoffrey does not wander out onto the main road and gets killed so far (3 times in the past year at home only not counting his school escape this year )he as taken himself of on the route of his regular walk direction down the hill and not to the main road of course this could be avoided if we had a proper fence .Martins telephone number for verification if any needed 01xxxxx
30/05/2009 We calculate to date that the rent of this property to be £29,925.00 over the past 5 years paid for totally by Housing benefit project this forward for Geoffrey's lifetime of care and the amounts are astronomical .I see Dundee Council are seeing sense round this .
Council to offer 100% mortgages
http://news.BBC.co.UK/1/hi/Scotland/tayside_and_central/7972260.stm
Dundee City Council is set to become the first local authority in Scotland to offer 100% mortgages to tenants looking to buy their council home.
The council believes it will help first-time buyers get on the property ladder and boost the local economy.
The local authority will introduce the loans for 100% of the selling price of council houses next month.
Read more see the link above.
FILES FAMILY: HOUSES CONSIDERED FOR PRIVATE RENT
We never seen any appropriate housing on the private sector available for rent this week.
Subject: Family Weekly Countdown 4
This week we have seen the following developments.
25/5/2009 M K ,completed Carers Assessment (attached) Community Care Assessment to follow.
26/5/2009 I Mac P ,Housing ACHA, Acknowledgement for e-mail 11/05/2009 (attached)added Iona to this group message for clarity.
26/5/2009 E-mail from A K ABDC Homeless Housing, confirming Notice to quit and her,forwarding onto ACHA West Highland housing of the notice to quit.added A to this group message for clarity.
28/5/2009 J C, Housing Directorate , a letter explaining the Status Quo to date.
FILES FAMILY: HOUSES CONSIDERED FOR PRIVATE RENT
This week we have not been able to identify any other Private Housing Lets suitable for us.
Subject: Family Weekly count down 3
This week we have received our notice to quit which states that we have to vacate the property by December 4th 2009 (attached). This extension has come about through my own negotiations and allows us to remain in Home Farm while the estate submits planning and applications are approved for "redevelopment of the site", rather than our being evicted and then the estate applying for planning. We greatly appreciate this extension.
18/5/2009 Councilor E R spoke to the Director and lead officer at Kilmory .A Community Care Assessment for Geoffrey is needed and also Carer`s Assessment for me and L. The Carer's Assessment was carried out this morning by Geoffrey's Social Worker, M K. We are now awaiting the finished document.
This week we have not seen any Private houses suitable for rent. Lucy went to have a second look at the property, C, in Kilmelford which, you will remember, is up for sale not for lease. We gave further consideration to approaching the owners with a view to proposing that we lease the property until it sells but before making such an approach we wanted to look again at the fencing situation because this property has no perimeter fence at all. On closer inspection the garden has proved to be impossible to fence with the temporary fencing we would have to use. The garden is, in fact an overgrown water garden with several areas at different levels and small man-made watercourses diverted from the burn at the back running through it. The highest area of garden ground ends abruptly in a steep ravine of 10ft approx dropping straight into the burn and this is entirely unfenced. Fencing the property, even temporarily, would require major re-landscaping to level the garden and fill in the watercourses. In other words this is a job only the property's owner would undertake and is, besides, well beyond our financial resources. Lucy also spoke to some of the neighbours and was told that surrounding the property with temporary security fence panels would meet with opposition especially given that the next door neighbours are also trying to sell their house. We have now ruled out C as a possibility and no further houses have been advertised. Neither have we heard of anything by word of mouth.
Subject: Family Weekly count down 2
This week we have received the following communications,and are aware through various conversations that a flurry of activity is on going thanks and I hope the momentum keeps going.
08/05/2009 Permission given to L P Social Work dept to use our case in a presentation this week, and for us to be used in future presentations when /if L is asked to present such presentations in the future.
11/05/2008 We registered on the official homeless list through A K the homeless officer again they have nothing to add to previous housing communications .Also registered our official homelessness with SHELTER.
14/05/2009 We were informed by J F Ownership Options, that the Strategic Housing Fund application would be submitted this week WHHA et-al.
14/05/2009 We have contacted E R Oban Councilor ,for any assistance that E may be able to provide.For clarity I have added E to this group message.
15/05/2009 SHELTER,have asked for various correspondence to be forwarded to them to see if SHELTER can assist in anyway.
This week we have also viewed/considered as below
FILES FAMILY: HOUSES CONSIDERED FOR PRIVATE RENT
Cottage, Scammadale, Kilninver
The fully furnished accommodation is as follows: GROUND FLOOR: porch, dining kitchen, utility room, Separate W.C., lounge with coal fire, sun lounge, two bedrooms and bathroom. UPPER FLOOR: three bedroom (1 en-suite). Central Heating. Rent £650.00 p.m. Plus Council Tax. One month's rent required as a deposit. No DSS. No pets. Available on a 6 month's short assured tenancy with option to extend. References essential. Available from the middle of January.
Unsuitable for a number of reasons as follow:
Fence enclosing the garden area is entirely inadequate to contain Geoffrey in safety which is paramount given the close proximity of the property to a river.
The bulk of the garden area is at one gable end of the house and is not overlooked from any of the rooms. One of us would have to be outside on constant “playground duty” with Geoffrey to ensure that he did not escape.
The garden area is small, despite the rural location. It is also entirely gravelled with no grass area, a major safety consideration given Geoffrey’s play equipment and the vigorous nature of his play.
The cottage is fully furnished which presents a real problem since we have nowhere to store our own furniture and there would be the worry of likely damage done to the landlord’s furniture by Geoffrey.
Despite the description of the house as having 5 bedrooms it is in fact tiny. It also appears that the central heating runs from a back boiler which means that we would have to use open fires, a real hazard with Geoffrey.
The Landlord does not accept DSS tenants which makes us unsuitable
A Farm, Kilmelford
This property is going to become available to rent in the near future but is totally unsuitable because it is hard by the main road and the perimeter fence is entirely inadequate to keep Geoffrey or any of our children safe.
Glenmore Cottage, Kilmelford
This property used to be rented out but is now occupied full-time by the owner
C, Kilmelford
This detached house is in fact up for sale not for let, but it has been on the market for some time and it has been suggested that it might be worth approaching the owners to see if they would consider letting it to us until such time as it sells.. Of course the property could sell at any time and we would then find ourselves confronting the same situation we are confronting now. In addition this would be extremely distressing to Geoffrey who does not cope well with change even to his bedroom let alone change to his domicile.
The property is very close to the main road and, there is a burn running along the boundary of the back garden. There is no perimeter fence whatsoever. We have considered the possibility of buying panels of temporary security fencing such as is used on building sites but this would be most unsightly and would undoubtedly give rise to complaint from neighbours
There is a further drawback that every one of these properties has in common. There are no locks on any of the internal doors. We would have to ensure that locks on internal doors were in place and it is doubtful that any landlord would agree to this especially not in the case of the house being up for sale. In our current accommodation we fitted hasps to every internal door and use combination padlocks to lock them. From our landlord’s point of view in so doing we have damaged the property and, were it not to be demolished, we would probably have to replace the doors from our deposit.
We would also point out that autistic individuals do not cope well with change. Geoffrey becomes distressed if we change his bedroom around or move furniture in our home. It is not in his interests for us to move house more times than is absolutely necessary. This is another reason to avoid seeking a tenancy in a house that is also up for sale since our occupation of such a property would be even less secure than occupation of a house that is offered for let.
Subject: Weekly count down 1
This week we have received six replies which give the general pro-active ,measures so far, .
1/5/2009 The first from J H OT saying a meeting was being held with WHHA , regarding another matter J is involved in and she would raise our on going predicament with them .
4/5/2009 A reply from J M MSP saying he was forwarding details of our situation to K MacC Chairman WHHA/NHS Highland, The Communities Minister and The Public Health Minister in attempt to put officials together to achieve optimal outcome for all concerned .
5/5/2009 An acknowledgement from D H `s secretary of forwarding our e-mail to M Mac F ,for his attention.
5/5/2009 A reply from J C , with the points, "Our technical officer G S had already carried out an initial assessment of the proposed costs which M has. It looks as if the contribution required would be of the order of £50-£60,000" " and also, "..we met M MacF last week and (information has been) put forward to him information he requested concerning your case". "Gordon is on leave this week but on his return he will do a full detailsed calculation and send it onto M."
7/5/2009 A reply(attached) from Mr B M ACHA referring us back to ABDC / Homeless Services attached.
8/5/2009 And last but not least, today from M Mac F confirming J C position above. On Tuesday of this week I made an appointment with the ABDC Homeless Services dept, for Monday of next week at 11.30am, after taking advice from SHELTER, .According to SHELTER we should have been on the Homeless List from the start as we have been living in accommodation not suitable to our needs and below the tolerable standard pointed out to all on various visits by housing officers and in e-mails.
Many thanks to all involved and we look forward to the coming weeks with a bit more hope than we had last week.
A and L
