can someone help us please? disability related.

[QuiQuaiQuod]

Hi.
Can I get some advice please? CAB are useless.
Basically,DC and I are asthmatic and DC is disabled also.
we are in a council house and council are refusing to tackle damp and mould (black mould) that Ive been asking over THREE years for them to tackle.
Theyve done some reapirs, but the rest of it is on the stairway and landing ceilings that are quite high.
they say due to (absolutely pathetic government) health and safety they can only clean it up and put a damproof course if they erect a scaffolding on the stairway.
that will take all day to put up, and another day to do the worksd, maybe 2 or 3 days, and another day to take it down.
DC has to rest in afternoons due to disabilites so any works can only be done in mornings.
we cannjot leave house while they are in it.
my argument is why cant someone use a ladder to do the work?
its not like we are in a cathedral, the ceilings not that high, and a ladder especially a three way one the workcan be done quicker.
their argument is due to health and safety a ladderr cannot be used (the compensation culture i assume) . theyve used ladders before asnd no ones had an accident. and worked around dcs disabilities befor, only in mornings.
stairway is narrow anyway so theres nowhere to fall!
i say no ones thinking of dc and I's health and safety (asthma and disabilies). and dc and i wont be able to navigate round and through a scaffolding anyway.
ive been over 3 years to get ANY works done and i havent the time or anything to be another 3 years banging on to them again to finish stairs.
its disgusting we should be like thism, the lease says our house should be habitable and safe for us to be in.
I pay the rent on this place we get very little housing benefit, i have to struggle to pay the rest.
i also pay my council tax.
can i wirthold rent and stuff iuntil they comply, or can they threaten us with eviction?
we cannot move as it is, our place is adapted for disabilities and DC needs to be settled in a place which she is here.
what can I do?
I feel like taking them to court for disabilty discrimination as thye are not thinking about DCs health, or mine, and their stupid 'elf n safetly comes first. but i cant waste time or energy going to and from courts, Ive got DC to see to, (Im a fulltime carer for her, and shes home schooled so we are mostly in house).
sorry its long, Id appreciate any advice . if i was to get a lawyer or something Id have to apply for legal aid.
our asthma has become worse here. should i get a letter from GP to say we need things done?
thanks.
social services, cahms and a disabilty support group know about this, plus a local mp but no ones getting back to me, neither are the council, except to repeat their elf n safetly thing.

ive gfot to see to Dc, ill log in tomorrow, hopefully therell be a couple of repliesa, thanks.

Well lots of staircases really are too high for ladders especially in bigger buildings etc, councils are extremely stretched for cash I can't imagine they're proposing putting up scaffolding for the fun of it?? If they've said it's unsafe on a ladder you've basically got 3 options

1. Leave it and forget about it
2. Let them do it in the way they think safest
3. Get a ladder and do it yourself

Yea it will be inconvenient, lots of repairs are but it sounds like it will be best for your dd in the long run

So they've said they'll carry out the work but you've refused? Right... just let them put the scaffold up ffs. A few days of inconvenience but you'd rather continue to have damp which affects yours and your family's health.

I feel like I'm missing something and I can't give you any legal advice but it does seem as though a couple of days of disruption is worth it tondirt out an issue that's exacerbating your daughter's health issues.

If they were refusing to sort the mould at all you'd be right to be livid and kicking off and I'm sure your MP and other agencies would be fighting beside you. But they ARE willing to sort it and have told you how they need to do it.

The longer your argument about how it's done goes on the longer your home is making you both ill.

Can't you put up with some brief disruption or stay elsewhere to give your child a healthier home?

Sorry if I've missed something.

please read op properly before comments. thank you.

Respite care?
Can you move out to family for a couple of days?
Or a hotel or air b n b?
Can your child with disabilities rest downstairs - bring the bed down/make them comfortable for a couple of days?

Unfortunately you don't get to decide that they can use ladders, they don't want to so you need to at least think about facilitating the repairs.

The guy/gal who's on the hook if someone falls off a ladder and spends the next 50 years in a wheelchair is not going to be much swayed by ranting about "stupid health and safety".

If the works needs doing and to do the work needs scaffolding then you'll just have to live with it. I doubt any of the people you're contacting really think you're qualified to say what the right equipment to do the job is which is perhaps why they're not supporting you.

Don't mess around with lawyers and daft claims about discrimination - that wastes everybody's time and money (including yours), would delay getting the work done, and would almost certainly be just as disruptive to your family life as a few days of people working in your hall.

We had scaffolding on the stairs here when we had some work done on a ceiling and it was a bloody nuisance but was the quickest way to get the job done properly (and safely). Having builders in the house isn't the greatest joy, but it just has to be borne sometimes.

So you're thinking of withholding rent and/or claiming disability discrimination because the need for scaffolding will extend the time they are in your house by a couple of days as compared to how long it will take them if they ignore health and safety regs and use a ladder?

No one is going to insist that council contractors ignore health and safety regulations, or to agree that failure to do so is discriminatory.

If it's so important to you to avoid the couple of days' extra time involved if scaffolding is used, your best bet is to get the work done privately yourself, and to find a local builder not through the council who might be more prepared to take a risk.

OP people have read your full post. Still not getting it. Three days of inconvenience but instead you've chosen years of ill health instead?

"the lease says our house should be habitable and safe for us to be in."

I expect it also says something about allowing them reasonable access to carry out maintenance work. Sometimes that will mean inconvenience for you.

Mind you I'm probably jealous because at the moment I've got builders in for 10 weeks so the idea of work that can be completed within 3 days sounds like absolute heaven.

The reason your house isn't habitable is your refusal to allow the work to be done.

No way would a lawyer look at this as a possible case.

Just let them get on with it - respite care, a hotel, anything.

we are in a council house and council are refusing to tackle damp and mould (black mould) that Ive been asking over THREE years for them to tackle.

The truth is they're not though, are they.

Everyone who's replied to your post appears to me to have read it properly first. I've read it three times as I can't see why you're refusing to have this work go ahead when it'll make yours and your daughter's lives so much better in the long run.

Have you spoken to the council about how they can help you while the work is being done - respite care etc as there have suggested? I'm sure they want this resolved too.

You'll feel so much better when you don't have this fight hanging over you and the worry about the state of your home being bad for your health.

You want the work done. The council want to do it safely.

thank you.

Could you go to relatives for a few days?
Could you do the works yourself like we poor old home owners who have no council support at all have to do plus we have to pay for our own scaffolding and ladders!

Scaffolding is a legal necessity. Ladders are unacceptable for that kind of work.

You have two choices - let them do the work, or don't. That's it I'm afraid.

It is inconvenient I agree. However, if you want the work done then you'll have to put up with the scaffolding. Or stay with friends or ask for temporary accommodation. They will be working to H & S regulations which must be adhered to.

The number one cause of industrial accidents for tradespeople is working from ladders. The regulations state that they should only be used for access or if the job takes less than 30 minutes.