Page 4 | Do I have a case against the council?

communication1 · 2024-09-16T19:02:25+00:00

I am looking for a lawyer who deals with council queries. A little back story: 1 year of antisocial behaviour. Council didn't move us in time. The guy set our flat on fire deliberately and tried to kill us while we slept. Sadly someone passed away. The guy has been charged with arson with the potential to cause injury and manslaughter. I would like to take the council to court for negligence, physical and mental trauma. Ps. We escaped by jumping from 2nd floor flat, threw my then 3 and 4 year old children out of the window. We also lost everything.

Redburnett · 16/09/2024 21:22

What has happened to you and your family is truly appalling. You should be in touch with victim support or the CPS so make sure you write a detailed victim impact statement for consideration at the criminal's sentencing.
Perhaps consider making a formal complaint to the police if you reported this man's criminal actions and police failed to take action.
And definitely pursue the complaint with local council.
If any of you were injured (mentally or physically) you might want to investigate the criminal injuries compensation board.

Original poster

communication1 · 16/09/2024 21:22

JoyousPinkPeer · 16/09/2024 21:19

If he is found guilty of a crime against you and/or your family you will be compensated via the Criminal Injuries Compensation Board so I therefore don't think, if that's the case, you can be compensated twice.

Really sorry you've had to go through this.

Thank you. I've made an application to them as advised by the police. But things can they compensate us on?

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Ineffable23 · 16/09/2024 21:24

I would probably look at no win no fee solicitors. You might not want to use them but if they'd be prepared to take the case on its a good sign for it having some legs because they don't make money by taking cases that they lose. Just take care over what you sign with any of them in case you decide to self represent or similar if you did take it forwards.

ToBeOrNotToBee · 16/09/2024 21:26

communication1 · 16/09/2024 21:14

They didn't care plus my eldest was autistic and she suffered the most with the ASB.

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Precisely.
They didn't care.
And they should have cared. They failed in that regard.

Original poster

communication1 · 16/09/2024 21:26

Redburnett · 16/09/2024 21:22

What has happened to you and your family is truly appalling. You should be in touch with victim support or the CPS so make sure you write a detailed victim impact statement for consideration at the criminal's sentencing.
Perhaps consider making a formal complaint to the police if you reported this man's criminal actions and police failed to take action.
And definitely pursue the complaint with local council.
If any of you were injured (mentally or physically) you might want to investigate the criminal injuries compensation board.

Thank you.

I have written a victim statement. I will read it at sentencing.

I think i will make this complain about the police becaue they are equally to blame.

I sustained really bad bruising from the fall :(

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Softlywoven · 16/09/2024 21:27

LaurieFairyCake · 16/09/2024 20:07

I've no idea but that is horrific

I think I would raise complaints all the way through to the end and then if no decent outcome I'd be considering suing if they've been negligent

Council won’t give you cash.
step 1 lodge a complaint on council website
step 2 gov ombudsman website only takes complaints after council complaint is made
they don’t pay much if they find in your favour

Google Housing Law uk - call diff law firms, explain. They will tell u if you have a case.

Original poster

communication1 · 16/09/2024 21:27

Ineffable23 · 16/09/2024 21:24

I would probably look at no win no fee solicitors. You might not want to use them but if they'd be prepared to take the case on its a good sign for it having some legs because they don't make money by taking cases that they lose. Just take care over what you sign with any of them in case you decide to self represent or similar if you did take it forwards.

I will into them. Thank you

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Original poster

communication1 · 16/09/2024 21:29

Softlywoven · 16/09/2024 21:27

Council won’t give you cash.
step 1 lodge a complaint on council website
step 2 gov ombudsman website only takes complaints after council complaint is made
they don’t pay much if they find in your favour

Google Housing Law uk - call diff law firms, explain. They will tell u if you have a case.

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Ahhh! Thank you for that. I will take a look around.

OP posts:

Notamum12345577 · 16/09/2024 21:29

Beekeepingmum · 16/09/2024 21:18

That would all be covered by household insurance through wouldn't it?

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Not everyone has contents insurance…

JenniferBooth · 16/09/2024 21:52

ToBeOrNotToBee · 16/09/2024 21:21

OP approach the police and ask for the log of all incidents reported by you in relation to the ASB.
Ask your neighbour to do the same, so you get an idea of quite how many times they were called.
Then approach your council for Subject Access Request relating to the ASB. This should include meeting notes, actions to take, and what they were advised to do by the police.

Then, when you have the full info, go through it, painstakingly to identify any mistakes, any times the council workers or police didn't take it seriously and get legal advice.

I have my own experience. My druggy neighbour, in the middle of a cannabis induced psychotic episode decided he was my partner and climbed onto my balcony, entered my home and demanded sex. I fled, called police, demanded the council rehome him. They refuse. I pleaded, begging them, I was not safe in my own home. They ignored me. He started stalking me, knocking on my door at 3am, harassing me.
He called 999 saying I had locked him out (of my flat), police knocked at 3am demanding I let him in because I was locking him out of his home. They would not believe me when I said he didn't live here, was my neighbour, and was harrassing me.
I slept with a knife under my pillow for weeks.
I ended up emailing the tenancy office every single incident, every door knock, every stalking incident, and doing the same to the neighbourhood police.

Eventually, I had an apology from the police And the tenancy officer had him committed for a while.

He's been as quiet as a mouse since.

Christ almighty i dont know what to say to that.

JeremiahBullfrog · 16/09/2024 22:03

Councils stuck in a horrible bind here. Rehousing just gives the man a new set of neighbours to abuse. Eviction makes him homeless, increases risk to random members of the public and other homeless people, and possibly makes him want to seek revenge.

ToBeOrNotToBee · 16/09/2024 22:06

JeremiahBullfrog · 16/09/2024 22:03

Councils stuck in a horrible bind here. Rehousing just gives the man a new set of neighbours to abuse. Eviction makes him homeless, increases risk to random members of the public and other homeless people, and possibly makes him want to seek revenge.

And what of the innocent people in the middle of this, having their daily lives turned up side down and in this case, being put at serious risk.
Councils don't think of them, their whole efforts are placed on protecting the abusers.

JenniferBooth · 16/09/2024 22:12

@ToBeOrNotToBee Im horrified at what happened to you Why the fuck didnt the police believe you?

ToBeOrNotToBee · 16/09/2024 22:17

No idea.
I found out, when the police apologised they had been logging all my calls as 'domestics'. They also had been logging them as coming my neighbours address so in their system I was calling from his home.
I dread to think what would have happened had he actually hurt me.

The council kept excusing his behaviour as 'mental health' and I had to say what about mine, and my physical safety.
In fact my tenancy officer blamed me for starting it off by saying hello to him the day before when coming out of the lift and he was there, standing in front of the doors. In her words, I should have just ignored him and this wouldn't have happened. This was when she was some high up police officer were sat in my home, he was apologising and she was blaming me.

The man was quite literally climbing onto my balcony to access mine to rape me.

JenniferBooth · 16/09/2024 22:22

ToBeOrNotToBee · 16/09/2024 22:17

No idea.
I found out, when the police apologised they had been logging all my calls as 'domestics'. They also had been logging them as coming my neighbours address so in their system I was calling from his home.
I dread to think what would have happened had he actually hurt me.

The council kept excusing his behaviour as 'mental health' and I had to say what about mine, and my physical safety.
In fact my tenancy officer blamed me for starting it off by saying hello to him the day before when coming out of the lift and he was there, standing in front of the doors. In her words, I should have just ignored him and this wouldn't have happened. This was when she was some high up police officer were sat in my home, he was apologising and she was blaming me.

The man was quite literally climbing onto my balcony to access mine to rape me.

I hate the fact that im not surprised that the tenancy officer was blaming you.

Beekeepingmum · 16/09/2024 22:24

Yes I understand that but if you decide not to insure your stuff then you have limited options if things happen. Contents insurance is cheap purely because these events don't happen often. Hopefully, the poster will have luck with the criminal compensation scheme. The council can't just evict people as they have a duty to house anyone.

Beekeepingmum · 16/09/2024 22:31

Were their smoke alarms it doesn't sound like it from your post - that could be an area the council might be negligent. They have to provide those.

JenniferBooth · 16/09/2024 22:57

Beekeepingmum · 16/09/2024 22:24

Yes I understand that but if you decide not to insure your stuff then you have limited options if things happen. Contents insurance is cheap purely because these events don't happen often. Hopefully, the poster will have luck with the criminal compensation scheme. The council can't just evict people as they have a duty to house anyone.

Funny cos thats not what the gas safety check letters say. Im tired of bullshit excuses cos they can evict when they want to.

Original poster

communication1 · 16/09/2024 23:19

Beekeepingmum · 16/09/2024 22:31

Were their smoke alarms it doesn't sound like it from your post - that could be an area the council might be negligent. They have to provide those.

Yes there were but one got brunt off right away as it was by the door and didn't go off. The second 1 went off after I woke up.

OP posts:

Original poster

communication1 · 16/09/2024 23:21

JenniferBooth · 16/09/2024 21:52

Christ almighty i dont know what to say to that.

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Omg that must have been very traumatic. I hope you're okay.

Thank you for your advice.

OP posts:

JenniferBooth · 16/09/2024 23:38

communication1 · 16/09/2024 23:21

Omg that must have been very traumatic. I hope you're okay.

Thank you for your advice.

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That happened to @ToBeOrNotToBee

FlatWhiteExtraHot · 17/09/2024 12:53

JenniferBooth · 16/09/2024 21:13

Two tier policing.

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Bit like two tier Mumsnet. If this had happened to a homeowner who has had an antisocial SH tenant housed next door to them who had then burnt their house down the replies would be incredibly different.

Just because the OP lives in social housing doesn’t mean she somehow deserves to be housed next to scum.

JenniferBooth · 17/09/2024 14:00

FlatWhiteExtraHot · 17/09/2024 12:53

Bit like two tier Mumsnet. If this had happened to a homeowner who has had an antisocial SH tenant housed next door to them who had then burnt their house down the replies would be incredibly different.

Just because the OP lives in social housing doesn’t mean she somehow deserves to be housed next to scum.

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Jesus have you even been reading my posts. What i meant and actually fucking said on here about two tier policing was that SH tenants are in some cases not treated with the same respect by the police as people in naicer areas are. Check my posting history as well if you like. Here is something you obviously missed.

THIS is what i meant by two tier policing.

JenniferBooth · Yesterday 21:14

** You say ITV are coming? Might be an oppertunity to bring up the class issues the force has Its not just misogyny that is a problem

And at 20.57 last night i pointed out that SH tenants are hated on here. I said the fucking opposite of what you are trying to say that i did. FFS

isthesolution · 17/09/2024 14:35

That sounds awful. Your poor family.

I don't really see how it was the councils fault though. They were looking into your complaints. They can't have known he was going to do this.

Sorry I'm not sure how this works and Google wasn't sure either - don't you still have contents insurance to cover the replacement of items in your house? Or, if the council have this, maybe you can claim from the insurance ?

GinandGingerBeer · 17/09/2024 18:11

I'm so sorry this has happened to you. Maybe like a PP said, try a no win no feel solicitor- I don't know how much of a cut they take but it could be an option
So when you were left with only the clothes you stood in- did the council manage to find you somewhere then? And if they did, how come they couldn't before it came to this?