Can We Sue our local council for negligence?

[FlowerPetal]

Our local council has failed to move us into a safe property after being victims of theft, constant noise from neighbours, harrassment, abuse, vandalisim & racial attacks for the past year. I have reported every incident to both the Police and the council and have even been the go-between for both organisations. I currently have a folder FULL of Police letters, incident reports, Victim support letters and emails. We have begged to be moved to a new place for our own safety, yet the council tell us we have to bid for the property that we want and we would only be successful if we bid for a property in our banding that does not have anybody else bidding for it that has similar problems. Please dont get me wrong, I do not wish to take a property from somebody who is worse off then us, but we live in fear every day and night. Both myself and my husband have a disability. My 12 yr old was having counselling because it was effecting his sleep and school work. Both myself and my husband are having counselling as well. We are unable to leave the property to go away on holiday as the place gets vandalised. I want to sue the council because I honestly feel that they have failed in their duty to provide safe housing for us and have failed my husband because they have failed in their disabilty policy. This is only a small percentage of our complaint, but didnt want to go into it all on here.

[Whickerman]

I'm no expert, but I'm unsure if there's any right to housing in law. The fact that they provide you with a home would probably be seen to fulfill their duty of care.

It dies sound though like you're living a nightmare, and i hope I'm wrong and someone can offer you an answer on here that helps.

[FlowerPetal]

Thanks Whickerman,
Too be honest, I suspected that there may not be any chance, but I still want to try every avenue.

Flower xx

[scorpious123]

god i rally feel for you petal cant any of the neighbours get together and give who ever is responsible a bloody good kicking

[redcrx]

can you not rent privately? anything to get out of there surely

[bednobs]

how will sueing the council help?

[buildersmate]

Sueing the council will put up the cost of Council Tax for everyone in the borough. That does not sound very neighbourly to me.

[FlowerPetal]

Thanks Buildersmate for your 'less then helpful' remark.
I dont particuarly care about the neighbours here, they are all involved with each other and have all, at one point or another, caused us grief. How neighbourly is it when they break in and steal your personal possessions? Or how neighbourly is it that they smash your car windows? How neighbourly is it when they spit at your son??
Redcrx, we cant afford to rent privately and none of our family and friends can help financially either at the moment.
Bednobs, I dont know, but i am feed up of living here and having to pay out continuosly to replace items or pay to have things repaired and none of this is our fault. The council is supposed to be providing a safe environment inwhich to live, but they are not, so a year on, I am now holding them responsible and I believe that somebody else should pay for our things to be repaired and replaced. I sound so very bitter, but a year of all this stress has lead me to be this way.
Thanks for your comments guys, much appreciated

[redcrx]

The council dont have to make sure the area is safe but they do have to take your complaints on board about other neighbours? do you have proof or record of the neighbours doing this? It takes a long long time but eventually they may get moved on.

Renting privately is usually covered by housing benefit isnt it? I thought that it paid a substantial part of any rent. is there not any way you can look at it as an option. Not having to pay extra in insurance or for replacements would offset the extra.

[bednobs]

someone does ahve to pay for your things - the people that did it1 How do you knw its your neighbours, and if you know and have proof why havent they been arrested?

[daffy654]

Councils do not have to provide you with a safe environment,in fact they don't have to provide you with a house full stop! That is why I rent privately along with my fiance and our 10 year old son (both me and our son are registered disabled). They do however have a duty to ensure that none of their tenants are causing a nuisance to others.If you have proof that your neighbours have been harrassing you and breaking into your house then the police should be able to help you compile a dossier of info to present to the council.Also you could try and get the police to apply for ASBOs for the people concerned.Maybe the courts will make an order for the tenants to be moved on.

[Info Bank]

I think most people can offer some sympathy on this .

We all know where bad neighbourhoods are or have lived in them or even had a bad neighbour or two in the past.
Or present unfortuanately.

But Local Authorities have a wide range of Re-Housing applications everyday.Dampness/ Overcrowding / Marage breakdowns / Reosesions the list is endless.

Many make requests and are not in said situations.

Im not saying this in your case but ....

How can you prove it to the Council.

Thats what you need to think about and some of the responces on this I really have to Agree with.

[FlowerPetal]

Hi guys,
I agree with everything you say. Yes, i do have reports - a WHOLE folder full of them. Yes, i have spoken to the police and yes i do have proof that it was the neighbours that broke in. He was charged but is only a kid so got community service. We didnt know that we could have asked for compensation from him when he went to court - because we didnt know until it was too late.
Council tax and housing benefit would pay for private accomodation, but i cant afford the money needed up front to secure the property.
Anyway, thanks for your opinions guys, much appreciated

Flower XX

[brad31]

In the uk today around 5 Million applications for social housing are piled up waiting to be prossesd.On top of the generations of familys that grew up on the welfare state local councils have to find homes for the growing number of familys who {like mine}have lost their homes through the current economic downfall,they also have to find homes for the tracksuit wearing prampushing hoards of single mothers,as well as finding accomadation for the influx of foriegn workers to the uk.Councils can't cope and the funding needed to manage the situation has dried up.The only person who has any real power to change your situation is your local councilor or MP details of wich you should be able to find through your local .gov site. in the mean time get a big dog,put some bars on the windows and change your name to spikey shrub.

[hotdogroll]

HI
I've put up with noise nuisance from the neighbour in the flat below who constantly says I lie aboutthe noise, even when I list the songs that he plays at full pelt, he wrote me a note through in response that politely told me where to go. The local council said to keep a record of the details and I haven't complained for over 6 months, his mate moved into the flat above me a year ago and this weekend he pulled a knife on me after getting into my flat. I jumped through the 1st floor window to escape. Fortunately the police responded better than the council, the council wanted me to fill in a form for his anti social behaviour and wouldn't offer to move me!

[butty2011]

Hello, I like you am going through similar with my council. I came into a bungalow a few months ago and from then on i have had nothing but problems like you, abuse, harassment, discrimination. The neighbours who are given me trouble have started arguments then called police on me. I have a friend who visits me to help me and he to has suffered at their hands. I have enlisted the help of a solicitor an independent one to help me with my complaints against the council and police as when they came to my home their conduct was unprofessional. I also have documented everything from the day i came in here. I suggest you see a solicitor as i have done and also go to your MP the council may not have to house you but they are responsible for crime, harassment and anti social behaviour in the area. I am at my wits end and i am on the choice list to but i know they wont house me so i went on a few housing association lists and explained my situation to them. I hope this helps you and i hope you can stay strong in the meantime and remember if you need help just let me know.