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overcrowing with sick children in The AnswerBank: Law
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overcrowing with sick children

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popm | 20:50 Mon 13th Apr 2009 | Law
6 Answers
I would like to know what the law/act says about my
situation . i have 5 children and we live in a 2bed 3 persons flat on the 2rd floor with no lift. 3 children and myself have illness. 2 of my children have life threating diseases.
lambeth says am not overcrowded and will not move us on medical grands unless my children had to go into hospital.
The must be a law/act?
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Probably. But there is also a thing called personal responsibility. Why would you have 5 children when you live in a three bedroom flat?
And not having a lift can be seen by many as a benefit - can provide that useful bit of exercise so often lacking in the young of today.
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if you have nothing good to say than p off. me having 5 children ha nothing to do with you i look after my own children and am not using your tax. i work to look after them.
i guess you have none and are g g
If you want to know what the law says then either go to a solicitor, or even the Citizens Advice Bureau.

There is no point in asking for leagal advice here unless you just want to believe what somebody tells you.
(I think the point was that if you ask the council to move you,you must be in council housing, which is paid for/subsidised by taxes.)

Nevertheless, I'm sure there is something you can do. Do any of you have mobility problems so the stairs are an issue? If the council are not helpful, maybe try the Citizens Advice Bureau, they should have contacts at the Housing Department. You could always write to your MP?

I would also get some evidence that you are caused problems due to illness based on living where you do, like doctors' notes, hospital visits, how you are directly affected etc. If the kids have life-threatening illnesses they must have been in hospital, so records of their visits etc. and why living in an overcrowded situation is bad.

This might be a pain (and seem obvious to you), but the person dealing with your case probably sees loads so the more you can help yourself and be armed with the necessary information the better.

I don't know specifically about the law, but the CAB should.
How many people are living in the flat?
To calculate overcrowding, children under 1 are not counted and children under 10 count as half.
Your living room is counted, as well as the bedrooms, and large kitchens.
Assuming you have one living, two bedrooms and a small kitchen, your flat is 3 roomed and can accommodate 5 people.
If your 5 children are between 1 and 10, they count as 2.5 people, with yourself that is 3.5 and if you have a partner, 4.5 so there is no overcrowding.
But if your children are older than 10 there is still not statutory overcrowding as this is considered to be natural growth.
As you are working and self supporting, there is nothing to stop you finding alternative and better accommodation for yourself and your family.
http://england.shelter.org.uk/get_advice/repai rs_and_bad_conditions/overcrowding

That link sets out the rules.

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