HASL’s 2021

It’s been another very challenging year – especially for people living in bad housing and struggling on a low-income. Due to the Covid 19 pandemic, we have not been able to have our face to face meetings and instead we have been running weekly zoom meetings with our members. We had a few opportunities this year to come together as a group at our noise protest, summer picnic, and a housing meeting in Burgess park. It was amazing to see so many old and new HASL members in person at these events.

We’re really proud of everything we have achieved this year – if we can achieve this much by organising over zoom, just wait until we can meet in person again!

Over the year we have won victories big and small, we organised a massive response when our local councils tried to use the winter lockdown to take away important rights for people on the housing waiting list, we’ve stopped evictions, successfully challenged unlawful gatekeeping of homeless people, and helped people move from homelessness and slum housing into the safe and secure council homes they need. We’ve also launched our campaign for high quality, safe, secure family-sized council homes which we will continue building in the new year.

Every day across south London we are supporting people to understand and enforce their housing rights, we let people know that they are not alone, and we campaign for the good council homes we all need and deserve.

A big thank you to all our HASL members and supporters for your continued support. Our group is run by our members and the group would not function without everyone’s participation. Thank you to everyone who has helped in any way – participating in our zoom meetings, telling friends about the group, liking our social media posts, joining protests, helping to make videos and so much more! We’ve also loved working together with our friends Public Interest Law Centre and English for Action and many other groups and new friends we’ve made over the year.

We hope everyone can have a good rest over the winter holidays and we’re looking forward to returning with even more energy, strength and solidarity in the new year!

Here are some of our 2021 highlights.

Campaign for 3, 4, 5 bed council homes, end NRPF!

In March, kids from Housing Action Southwark and Lambeth, Akwaaba, and English for Action living in overcrowded housing and temporary accommodation launched our poster campaign calling for 3, 4, 5 bed council homes. They have also wrote personal messages on their posters:

“You wouldn’t get enough sleep if your house was overcrowded”

“Sharing a room with parents or sleeping somewhere that is not the bedroom isn’t fun!”

We did this to mark the first anniversary of lockdown which many children have spent trapped in tiny, cramped, poor quality housing.  We launched over 50 of these posters with a twitter storm at Minister for Housing Robert Jenrick to make sure he couldn’t miss them. We also sent him a letter explaining the need for high quality, safe, secure family-sized council homes and the need to abolish No Recourse to Public Funds so no one is refused good housing based on their immigration status. Children need space to play, rest and study!

You can see all the beautiful posters here

Challenging Lewisham and Southwark’s lockdown ‘consultations’

At the start of the year during a difficult winter lockdown, both Lewisham council and Southwark Council (and a number of other London councils) decided that that it was the best time to make significant changes to their housing waiting list rules. There is no doubt that they used this moment to try to quickly push through new rules that would negatively impact their residents suffering in overcrowded housing and temporary accommodation.

We immediately organised to make sure our members and other residents knew what was going on and how these new rules would affect them. We ran a number large online meetings with members from both boroughs to discuss the consultations and what the group’s response should be. After our online meetings we put together template responses to both Lewisham and Southwark councils’ housing waiting list rules consultations helping hundreds of people most affected by the new rules to engage with these badly organised consultations. Our 2 Southwark meetings had over 80 families joining each meeting!

The South London Press covered our concerns at Lewisham’s housing waiting list consultation and features one of our member’s cases.

Southwark News covered our demands for Southwark council to ‘pause, amend and extend’ the consultation to make sure that Southwark residents can meaningfully engage.

We know we had an impact! In September, Lewisham council announced the new housing waiting list rules. Some of the worst rules had been removed. As a result of our campaigning we successfully challenged Lewisham council’s harmful plans to push thousands of families in severely overcrowded housing to the bottom of the housing list. We will be writing a blog post on this with more information soon.

After Southwark council tried to rush through their consultation, they have now gone silent. Now they say that the new rules will not be agreed until after June 2022. This is conveniently after the May 2022 local elections. It looks like they are playing politics with people’s lives. We’ll be writing another blog post with more updates on this soon.

Southwark campaign on overcrowding – victories and challenges ahead

As a result of our community-led campaign and Favio and Elba’s legal challenge in the Court of Appeal Southwark council removed the cruel ‘deliberate act’ term from their new draft allocations scheme. We were hopeful that this would mark a change in Southwark council’s treatment of families in overcrowded housing. As a result of Favio and Elba’s Court of Appeal challenge, a number of other HASL families were able to move from severely overcrowded housing into spacious council homes this year.

Back in March, 18 HASL members also had a zoom meeting with the leader of Southwark council Kieron Williams and the councillor for housing Stephanie Cryan where we raised the council’s treatment of overcrowded families and other homelessness and housing issues our members face. Kieron William’s apologised for the cruel and hurtful overcrowding decisions that families had received.

However, despite the Court of Appeal victory, the council’s intention to remove their cruel ‘deliberate act’ term, and Kieron William’s apology, Southwark council’s culture of blame and refusal targeted at families in overcrowded housing has continued.

Milton’s family have faced years of bullying and blame by Southwark council and have been campaigning for years on their case. In June, HASL members turned out in force for a noise protest outside Southwark council town hall in support of Milton’s family and all overcrowded families. You can read our short blog here. Afterwards our members told us: “it was amazing to be part of” and “the union makes us strong”.

With Public Interest Law Centre, Milton and his family launched legal action against the council’s decision that their severe overcrowding is a ‘deliberate act’. Milton and his teenage daughter powerfully explain their situation in this Southwark News article. We have fact-checked Cllr Cryan’s statements in the article here. The family’s case was also covered in MyLondon where it received almost half a million views and was picked up by the Mirror as well.

For years, we have repeatedly campaigned and warned Cllr Kieron Williams and Stephanie Cryan about the toxic and hostile culture in the housing office targeted at families of colour and migrant families in overcrowded housing. We were unsurprised but still sickened when a HASL family of 5 who have lived in a room for over 10 years were asked if they had thought about returning to Peru to solve their overcrowding. The family were also represented by PILC and even though the council blamed them for their overcrowding saying it was a ‘deliberate act’ the family were still able to move from their room to a permanent council home this month just in time for Christmas. Earlier this year, PILC had also helped the family remove the racist No Recourse to Public Funds condition and access welfare benefits and the housing waiting list.

Families in severely overcrowded housing have won significant victories against Southwark council’s cruel treatment with the help of other HASL members, supporters and our friends at PILC. They shouldn’t have to go through these efforts because they should never be blamed in the first place but as long as Southwark council’s culture of blame and refusal continues, we will keep on fighting it.

Lewisham overcrowding challenge

Our member Zaida went to the High Court to challenge Lewisham council from banning her from the housing register despite living in overcrowded housing because she has not lived in the borough for 5 years. Here’s our Lewisham group showing their support on zoom. Unfortunately the legal case was not successful. But we will keep on fighting for council housing for everyone and against strict local connection criteria which discriminates against migrant families and everyone who suffers from insecure private housing.

Workshops, events and other activities

At the end of August we had our HASL picnic which was our first in-person social event in over a year and a half. It was an emotional and special afternoon seeing old friends and meeting people who we had only ever met on zoom before.

The warm autumn weather also meant that we could have our first big housing group meeting outdoors in October. We had 100 people join us for our housing meeting and it was great to run our big group meetings again together.

We joined the Brixton Community Rally with other housing groups and campaigns fighting for our local communities against social cleansings and private developments.

Our members Fowsiyo and Pamela were interviewed by English for Action students and talk about the causes of London’s housing crisis, what we do to fight the housing crisis together, our victories, legal aid cuts and so much more! Watch, ‘like’, share, and subscribe to the EFA youtube channel here

Our member Pamela also featured in this renters rights video.

In February, HASL members joined Akwaaba, a social centre for migrants based in east London, to run a workshop on racism in housing and sharing our experiences of organising collectively for housing rights and high quality council homes for all. We also delivered a talk on housing campaigning with a new Ealing and Hounslow housing group. We also ran a social housing rights workshop with our members who have recently moved into social housing.

We also joined NEON’s housing movement builders training in July and October this year where we met with other housing campaigners from across the UK.

Protecting homeless families’ rights

In February, Southwark council were forced to settle a judicial review case that 2 HASL members took against them for operating an unlawful policy pushing homeless families into private rented housing and families in temporary accommodation further down the housing waiting list. As a result of the legal challenge that was taken by Camden Community Law Centre, Southwark council ended this so-called ‘trial policy’. We’ve experienced first-hand in Lambeth a similar ‘homeless prevention’ scheme which forces families into private housing and we know how disastrous these schemes are. In their housing waiting list consultation, Southwark council also proposed to bring this scheme into the housing allocations policy and we strongly opposed this in our responses to the consultation. We have another blog about Southwark’s unlawful policy coming soon!

Some of our other victories

Waltham Forest council have tried to force a number of homeless families to Stoke on Trent, or other locations across England, including one of our members. A strong twitter storm made Waltham Forest council stop the eviction of Monica and her family from temporary accommodation. We collected some of the press coverage here. We know these cases aren’t isolated cases and we’re disturbed at what is happening in Waltham Forest council’s housing office where homeless families face this appalling treatment.

With the help of Lewisham Law Centre, our homeless member successfully overturned Lewisham council’s decision to force her and her family into unsuitable private housing. We’re really concerned at Lewisham council’s use of private sector discharge which they are targeting at single parents. The private sector is a main cause of homelessness, families should not be forced back into it. We’ll be campaigning more on this issue with our members.

Back in August 2020 we wrote a blog with our member who was facing her 3rd section 21 eviction notice. With the help of GT Stewart solicitors the eviction company’s dodgy section 21 notice was thrown out of court! 

Throughout the year, a number of our members have been able to bid for secure social housing, the last few months have been particularly busy! We’re so happy for our members who have been able to move into secure social housing but we know the hardship and difficulties they suffered before they were finally able to get their new homes. One of our members was living with her young son in a small room with no natural light or ventilation. Southwark council’s enforcement officers said it was not fit for people to live in and should only be used for storage. With our help and PILC, our member was put into band 2 on the housing register and is now has a spacious 2 bedroom council home. One of our members who is suffering from a number of medical issues and was sofa surfing was helped by the group to get higher medical priority on the housing waiting list. She was then able to successfully bid for a housing association home. She told us that our group’s work “you do it with your heart…I want to comfort people and I want you to know that I will come to support others”

Our group has also helped families to make homeless applications and challenge unlawful gatekeeping, helped people get their correct banding on the housing register, helped people understand their rights, helped people to find lawyers for their housing cases, helped people to request suitability reviews which has seen them re-housed closer to their home borough, and provided emotional support as well. In our group zoom meetings our members have been incredible at providing support, sharing experiences and rights information.

Noise protest at Southwark council in support of Milton’s family

Over 50 HASL members joined our noise protest outside Southwark town hall at the start of this month in support of Milton’s family and all families living in overcrowded housing. As well as families coming from Lambeth, Southwark and Lewisham, some of our members traveled from their temporary accommodation out in Croydon. Other members joined us from Haringey and Hackney. You can watch some videos on our twitter here.

Our noise protest lasted over 2 hours making sure that the council could not ignore us and resulting in the housing manager coming down to speak with the families. He promised Milton’s family that they would receive a decision on their case by the following week. Unfortunately, this deadline has not been met. We have been keeping the pressure up on twitter and we might have to return with even more people and even more noise.

Milton’s family has faced extreme bullying from the council over the last 3 years. The family of 4 have been living in a tiny studio flat for four and a half years after this was the only property they could find after facing discrimination by private landlords and unaffordable local rents. Due to the serious level of overcrowding, the family should qualify for band 1 which would allow them to be quickly re-housed into suitable social housing. Instead of supporting the family, the council wrongly accused the family of committing fraud over an innocent admin error, threatened them with criminal prosecution for causing overcrowding and have insisted that the family’s overcrowding is a ‘deliberate act’. The family have been repeatedly asked by the council why they need to live in Southwark.

Last December, another HASL family successfully challenged Southwark council’s decision that their overcrowding was a ‘deliberate act’ in the Court of Appeal. The judgement should help other severely overcrowded families including Milton’s but from our experience so far, it seems that the council are ignoring this important ruling.

Along with Public Interest Law Cetnre we are also supporting a number of other HASL members who live in severely overcrowded housing to be treated fairly and respectfully and to claim their rightful position on the housing waiting list.

Thank you to everyone who joined who helped make it such a strong and powerful protest! We all know that no one chooses to live in overcrowded housing, hopefully Southwark council will finally get the message!

HASL go to the Court of Appeal fighting for the rights of overcrowded families

Join HASL and PILC’s email protest here calling on Southwark council to stop penalising families living in overcrowded housing.

Southwark council have been telling families in some of the most severely overcrowded housing in the borough that their overcrowding was a ‘deliberate act’ by the families. These cruel decisions deny these families band 1 on the housing register which would allow them the urgent move into the permanent, more spacious council housing they need.

As well as punishing these families by refusing them the urgent re-housing they need, due to their apparent ‘deliberate act’, these decisions are also offensive, harmful and deeply distressing.

It is widely accepted that the causes of the housing crisis, where there are over 3.6 million people living in overcrowded homes, are high private rents, benefit cuts and a lack of family sized council homes but for some reason, Southwark council are choosing to ignore these and to blame families instead.

On Thursday 10^th December, a HASL family’s case against Southwark council’s decision that they deliberately caused their overcrowding will be heard in the Court of Appeal. A summary by the family’s barrister Ed Fitzpatrick on the original High Court case in May this year can be heard on the HLPA podcast at 9 minutes 50 seconds and there is a blog post here.

This is an important case for many severely overcrowded families in Southwark, as it challenges the council’s widespread use of the phrase “deliberate act” to blame families for their overcrowding and which leaves families stuck in completely inadequate housing for years. A positive outcome in the Court of Appeal could mean that other severely overcrowded families would also benefit if Southwark council’s use of “deliberate act” is more limited. This is just the most recent action in an almost five year campaign by HASL families protesting against the ‘deliberate act’ policy where we have occupied the Town Hall, spoken out at a cabinet meeting, canvassed canvassing councillors, submitted an open letter with over 30 community groups and provided practical support and help with challenging these decisions.

What happened in Favio and Elba’s case?

Over 6 years ago, Favio and Elba and their two young sons moved into a 1 bedroom private flat in Southwark. They had been looking for a suitable flat and this was the only landlord who would rent to them and where the rent was affordable with housing benefit. As everyone knows, finding suitable housing in the private rented sector is extremely difficult – if you have children, claim benefits and do not speak English as your first language, like in Favio’s case, it can be an impossible task.

The consequences of the discrimination faced by BAME and migrant households accessing housing is shown in the disgraceful statistic that while only 2% of White British households are overcrowded, 30% of Bangladeshi households and 15% of Black African households are.

Local authorities with paid staff, time and resources, including ludicrous landlord ‘incentives’, often struggle to find suitable housing with more and more families being housed in temporary accommodation that is overcrowded or far away from their community. It’s not surprising that families searching by themselves have no choice but to rent housing that is overcrowded and often has other problems of damp and disrepair.

When the boys were younger, the level of overcrowding was uncomfortable but just about manageable. But as their sons grew up, the cramped living conditions have become more and more difficult. When their oldest son turned 10 years old, the family met the high threshold of ‘statutory’ overcrowding. With the help of HASL, they were able to join the housing waiting list but Southwark council decided that the overcrowding was a ‘deliberate act’ and refused to award the family band 1 for their statutory overcrowding.

Instead of awarding band 1 for being statutory overcrowded, the family were given band 3 which is for households who are ‘overcrowded’ which also includes families living in mild, non-statutorily overcrowded housing. Here the waiting times for social housing is longer and this banding does not reflect the severely overcrowded circumstances that the family are living in.

Southwark council’s reason for refusing band 1 was that the family’s overcrowded housing was a ‘deliberate act’ by the family, because the overcrowding was not caused by a “natural increase”.

This may seem confusing, because surely overcrowding being caused by children getting older is exactly what “natural increase” is. What Southwark meant was: the overcrowding was the family’s own fault, because the one-bedroom flat would eventually have become statutorily overcrowded and that Favio and Elba must have known that it would eventually become statutorily overcrowded (even though Favio and Elba did not even know about the social housing waiting list, let alone the details of all the rules or what ‘statutory overcrowding’ means).

The legal challenge

Favio and Elba’s lawyers took Southwark to the High Court in May. This type of case is called ‘judicial review’ and these types of cases are very difficult. You cannot simply say that you don’t like the council’s decision, or that you think that the decision is wrong. Instead, you have to show that the council has acted unlawfully.

Judges are generally very reluctant to find that councils have acted unlawfully in council housing allocations cases even if most people would think the council are wrong. Court judgments in earlier legal challenges have established that judges are required to give councils a lot of freedom in deciding and applying their housing waiting list rules.

In order to work out who should win the case, the High Court judge had to decide what the word “deliberate” meant in Southwark’s policy.

The judge in May this year ruled in the council’s favour and agreed with the Council’s argument. He decided that the word “deliberate” could include cases like Favio’s, even though Favio’s family had not done anything wrong, and even though they did not even know that the council housing waiting list existed when the “deliberate act” took place.

The decision also has supported a bizarre and worryingly broad definition of the phrase “deliberate act” that Southwark have come up with, which means statutorily overcrowded families have to wait very different times for social housing depending on if they happen to meet very arbitrary criteria. Strangely, the High Court decision said that “deliberate act” does not require any intent by the family to actually cause their overcrowding in a deliberate attempt to get higher priority. And actually the only way to obtain band 1 overcrowding priority is to become statutorily overcrowded by giving birth to more children while living at the property. This created a strange distinction which means having more children is not “deliberate”, but renting accommodation that will become statutorily overcrowded in the future through children growing up is “deliberate”.

What does HASL think about the case?

We cannot understand why Southwark council continue to insist that families would deliberately live in such overcrowded housing. We have repeatedly pointed out how the council’s actions are targeting families from BAME and migrant backgrounds. The council must immediately stop this culture of blame which punishes families in overcrowded housing and direct its time and resources to the real causes of the housing crisis – high private rents, benefit cuts and a shortage of family-sized council homes.

In Favio and Elba’s case, the council’s decision that their severe overcrowding is a ‘deliberate act’ by the family is insulting, cruel, and simply and obviously wrong – we hope that it will also be found unlawful and that this could help other families in similar situations. We have seen many similar decisions and the devastating impacts that these decisions have on some of the most overcrowded families in our borough.

Getting to this stage has not been easy for the family. They have worked tirelessly on their case trying to prove to Southwark council that they did not choose to live in overcrowded housing and they have been navigating what is a complicated legal process.

It is disappointing that Southwark council are willing to go to such extreme lengths, using public money and resources to deny severely overcrowded families the help that they need. Southwark council claim that they are committed to helping people to fight against the housing crisis. But they have very publicly shown their commitment to these punitive rules.

Favio explains: “We want to rent a two-bedroom apartment but it is very expensive and the agencies ask you for many documents, and they ask us what you work for, how much you earn, how many hours you work. If you have benefits we cannot rent you. Why so much inequality?…And there are people who take advantage of us, there are private agents and they take £500 commissions. It’s not fair. Everyone has the right to have a normal life.

When they get home my children do not have a place to do their homework, I have a small table, they both start to discuss, and I have to tell them one to do at the table and the other in bed, so the fight starts and my son says: I want a room and a place where I can do my homework. I understand their anger that he is 14 years old and they need their space … at night when they went to bed to sleep, they sleep together in a bed because there is no space at all sides.

We are very anxious, nervous and very worried about the decision [The Court of Appeal] they will make. We are only waiting for a flat with 2 bedrooms so that my family is stable. When the children grow up it is more complicated, they need more space.”

His partner Elba explains: “The council have treated us a bit badly, all the decisions they have sent us have been negative. Since Covid 19, the situation for families in overcrowded housing has been very bad.

During the lockdown, the children have been studying at home online, we have been doing our best, we have made a small space for each son to study. It has been very difficult for children to study. I hope there will be a change because coronavirus has made things very bad. Now we are waiting for what we hope will be a positive outcome for us and that it will help and support other families as well.”

Their eldest son aged 14 explained: “With the small flat we would try to be outside more but with virus, we are in 2 little rooms. My brother is always cheeky every time when I do my homework. Especially when I had virtual lessons, there’s not enough space for me to concentrate, my brother is playing with toys and it disrupts me when I’m doing my lessons.

I have allergies which give me watery eyes, my nose gets itchy, and I’m asthmatic mostly when I’m at home, when I’m outside, it calms down. We’ve mostly been at home because of the virus and my allergies have got worse for me especially.

We hoped we would have a house for Christmas last year, then I hoped maybe for my birthday, so many times we have had our hopes up but it never happened.

I feel like it’s too long for us to be living in one room, we never had experience of having 2 or 3 rooms, of having my own room.

[What would he say to Southwark council?] Most of them live in their own rooms, so try to think about others, how do they feel.”

Don’t blame families for overcrowding!

A recent report showed that there are people 3.6 million people living in overcrowded housing.

Another report shows that 94% of private rented homes are too expensive for families on housing benefit.

Almost everyone accepts there is a housing crisis and that the root causes are the unregulated private rented sector, benefit cuts, low wages, and lack of social housing. There is huge support for social housing as one of the main solutions.

But Southwark council have taken a new approach to the housing crisis. They are blaming overcrowding on families themselves.

Recently, 5 families, living in overcrowded housing in the private rented sector, have received decisions telling them that they have deliberately caused their overcrowding. They have been put in band 4 at the bottom of the housing list where they have no chance of social housing. This is a big change in policy for Southwark council. Previously overcrowded families would be placed into band 3 and depending on the level of overcrowding, they may qualify for a priority star for statutory overcrowding. Some families may qualify for band 1. Now these families are being denied any priority for overcrowding and statutory overcrowding, a serious and severe level of overcrowding.

So what is going on?

These decisions are wrong, immoral and, we think, unlawful. They are hurtful and devastating for our members who receive them. How can Southwark council justify making these decisions against their own residents? Why are they blaming and targeting the victims of the housing crisis?

Many of these families are migrant families who already face significant discrimination and barriers to accessing decent housing. Why are Southwark council introducing new anti-migrant, discriminatory policies into their housing register?

We have written to Southwark’s councillor for housing Kieron Williams asking him for answers and to advocate on behalf of our members and all overcrowded families. 

The council must immediately change these decisions and give our members the priority they are entitled to.

We also feel our members are being targeted. We made a Freedom of Information request asking how many households had been placed into band 4 for ‘worsening circumstances’. In the last 12 months, there have been ‘less than 10’. However, in the last few months, 4 of our members have been put into band 4.

Our members are stuck in appalling conditions in overcrowded private rented housing because they have no other option, they could not rent anywhere else. They have been discriminated against by private landlords who won’t rent to them because they are claim benefits, because they do not speak English, and for having children.

Now they are discriminated against by Southwark council who tell them the overcrowding is their own fault.

Meanwhile, we know that Southwark council are housing homeless families in temporary accommodation that is overcrowded, including temporary accommodation that is statutory overcrowded. When our members challenge the council on these overcrowded conditions, the council are happy to use the housing crisis as their excuse.

We will be campaigning in support of our HASL families and all overcrowded families to make Southwark treat them properly!

 

Protest for a Home Close to School

All this situation is affecting us physically and psychologically. It impacts on our education, work, welfare and health. We have asked to the Council to move back to Southwark, but instead of helping us to move back, they offer us a house at Birmingham.

I am the main carer for my parents, who are in their late seventies, they do not speak English and live in Southwark. My mum has high blood pressure and mild dementia. My dad cannot walk too much as he has problems on his knees. They have been in trouble many times because my mum at middle of the night feels bad and needs to go to hospital, they have to wait for me at least one hour.

Taking to our daughters to school is a big deal, we take the bus because we do not have enough money to take the train. They have to wake up early and leave the house early. Usually, there are not seats available in the bus. This is a long journey and they want a seat because they want to sleep. They arrive tired to school. Many times they want to go to the toilet, we have to get off from the bus in any place. Sometimes, there is traffic. We frequently arrive late at school, at least 2 or 3 times per week.

Last Thursday, over 50 HASL members occupied Southwark HQ for two hours calling for homeless families to be given: a home close to school.

Homeless families in Southwark and across London are being housed in temporary accommodation further and further away from their schools, communities, and work places. This is having a hugely negative impact on our daily lives. Children are sick on the long bus journeys to and from school. They fall asleep in school because they are so tired from the journey. Their education and welfare is suffering. GCSEs are stressful enough without adding 4 hour+ bus travel each day. Parents are tired from the school run and from long commutes to work. They don’t have as much time and energy to spend with their family. Parents have had to reduce their work or change work. Parents’ immigration status can be affected if they cannot work enough hours. Temporary accommodation a long way from our home boroughs can impact every aspect of our lives.

Whilst our members are forced to endure these long journeys to school, homes on the Aylesbury estate in Walworth lie empty. We were at the town hall in support of 4 HASL families who are housed on the outskirts of London and whose children are currently studying for their GCSEs. The families also have other urgent circumstances which mean they need to be housed close to their former homes and communities. They are asking to be housed in temporary accommodation on the Aylesbury estate which is close to their secondary schools. This was the demand we made to Southwark and that the families made directly to Michael Scorer, the Strategic Director for Housing and Modernisation, when he came to speak to us.

Southwark council’s own temporary accommodation policy says that families with children studying for crucial exams like GCSEs should be given priority for re-housing in the borough. So we wanted to know why they have not been following their own policy.

It was our biggest and loudest protest to date and the energy and determination of the group was inspiring! For the whole time, we made noise and chanted so that Southwark council could not ignore us. Our members made a line across the hall forming a blockade. Eventually, Michael Scorer, came down to speak to us. Our members made him give them his word that he would support their cases. He promised to look into the cases and give a response as soon as he could the following week. The families are anxiously waiting to hear from him about their cases.

Everyone in our protest had direct experience of living in temporary accommodation or living in overcrowded private rented housing. Everyone understood and felt the very real suffering of bad housing. They came out to support other members of the group and show such strong solidarity.

HASL children and young people played a strong and vital role in the protest speaking about the stress and exhaustion they face studying for GCSEs and spending so much time travelling to and from school. One child made her own placard about the eviction attempt her family had faced and the long journey she has every day to school.

Our demand to the council to be housed in empty flats on the Aylesbury estate, close to school, is fair and practical – we are after all just asking them to follow their own policy as well as homelessness law. Why force people to travel miles where there are empty flats available?

The situation for homeless families in temporary accommodation is getting worse. Due to a lack of council housing, (as a result of disastrous national policies as well as in part due to Southwark council’s sell-off and demolition of council homes), there are not enough 3, 4, 5 bedroom council homes on the housing waiting list so our members are stuck in unsuitable temporary accommodation for years. This cannot continue! Southwark council must house families in their home borough such as on the empty homes on the Aylesbury estate. We need 3, 4, 5 bedroom council homes now!

 

Southwark council – support L & F and all DV survivors

Last week, we occupied Southwark council’s HQ on Tooley street in support of our members F & L to demand that they get the full homeless duties they desperately need and to stop L’s imminent eviction. We also wanted to highlight the poor treatment that survivors of domestic violence face when trying to get safe, secure housing.

F & L are two long-term HASL members who are both homeless survivors of domestic violence. They also both suffer from significant medical problems which affect them on a daily basis. However, despite submitting strong medical evidence and other supporting evidence, the council have deemed them not vulnerable enough to qualify for a homeless duty.

Of course, all survivors of domestic violence should be considered vulnerable and qualify for a homeless duty. Homelessness law needs to be much better, it does not do enough to protect and house vulnerable homeless people. In our group, we constantly try to highlight, organise and campaign on this. No one should be put through a degrading vulnerability test. Everyone needs and deserve good quality, safe, secure housing.

But Southwark council cannot shift the blame here. Their actions and treatment of our members within the current inadequate homelessness law cannot be justified either.

• In the face of so much evidence, how can Southwark council deem our members not vulnerable?
• Why have our members faced repeated eviction attempts by the council which has made their health even worse?
• How can Southwark council justify the appalling statements and misinformation in their decision letters about the women? As well as the entire homelessness process being traumatising for the women?

When we visited the town hall in support of F & L this poor treatment continued as we faced deeply rude treatment from senior male housing staff. Our member L was left ‘reeling’ by their behaviour and attitude to our group of women, some of whom are survivors of domestic violence. We are women dealing with housing problems, doing child-care, dealing with medical problems, doing paid-work and supporting our members.

The housing manager told a supporter that L must accept private accommodation (an area was written on a scrap of paper – an area which is away from L’s support networks). We explained this would end her homelessness appeal which will be heard in court. He replied that it would not.

Either he does not understand homelessness law, or he was lying to us. Both are worrying.

Despite our best efforts and determined efforts from L’s solicitors who repeatedly requested accommodation as their client was at ‘high-risk’ if made street homeless – the council went ahead with the eviction the following morning.

We will continue to support our members with their cases to get the safe, secure, quality council housing in their local communities that they need. We will continue to fight to get better treatment for all survivors.

Thank you to everyone on twitter who showed their support, the response was great and boosted us all.

Thank you to South East London Sisters Uncut for their support.

And thanks to South West Londoner for a good write up here

Press release: SIGNIFICANT VICTORY against Southwark Council.

Cross posted from the Public Interest Law Unit. The original post can be found here.

“Further to a successful legal challenge by the Public Interest Law Unit (PILU) and Housing Action Southwark and Lambeth (HASL), it has become apparent that Southwark Council have been incorrectly applying the ‘space standard’ test for statutory overcrowding as contained in s.326 of the Housing Act 1985.

Had Southwark applied the law correctly, it would have been recognised that the family in question were living in statutorily overcrowded conditions, and that in accordance with their allocation scheme they should have been placed in Band 1 and given an additional ‘Priority Star’ to reflect that status.

The evidence provided by HASL and as a result of a Freedom of Information Request suggests that the error in fact forms part of a wider unlawful practice.

Since December 2017, HASL have come across five cases where households have reported to Southwark that they are overcrowded according to the space standard for the number of people in the property and the number of rooms, that in each of these cases Southwark has proceeded to measure the size of the rooms and that in only one of the cases has the household been placed in Band 1 on Southwark’s allocation scheme.

The Council’s response to a Freedom of Information request showed that since February 2018, 46 banding decision had been made which had involved assessing whether a household was statutorily overcrowded, all of these cases had been assessed with reference to the space standard set out in s326 Housing Act 1985, and all had been assessed solely with reference to floor area as opposed to the number of rooms. 13 of those cases had been found not to be statutorily overcrowded.

Southwark Council have now admitted that the test for statutory overcrowding had been incorrectly applied the case in question, and while the Council have been reviewing previous decisions made on this basis, it is unclear whether everybody affected will notified and awarded the additional priority that they are entitled to.

Helen Mowatt, solicitor from PILU said:

Southwark Council has formally adopted the measure of overcrowding contained in Part 10 of the Housing Act 1985 within its allocation scheme and is required to properly apply this when allocating social housing. A failure to do so is a breach of the Housing Act and amounts to an unlawful failure to follow a published policy.

Southwark have been erroneously applying the space standard contained in s326(3) Housing Act 1985, by assessing overcrowding solely with reference to floor area and not also with reference to the number of rooms, as required.

The error in our client’s case is material. Had Southwark correctly applied the space standard, his household would have been deemed statutorily overcrowded months ago, they would have been placed in Band 1 of the allocation scheme and awarded an additional priority star.

This was also not an isolated error on the part of the Council. The evidence we have obtained from HASL and as a result of our Freedom of Information Request shows that Southwark have been consistently misapplying the law in every case. It is therefore likely that many households have wrongly been assessed as not being statutorily overcrowded and placed in the incorrect housing Band.

We know that there may have been as many as 13 cases since February 2018 which must now be reviewed, but we are unclear as to how many households may have been affected before this date. We will be seeking assurances from the Council that they will review all relevant cases, but if anyone thinks they may have been affected, please contact HASL and/or seek legal advice.

Elizabeth Wyatt from HASL has said:

Overcrowded housing in the private rented sector, but also in Southwark’s own council housing, is one of the main problems we come across in our group and is one of the more invisible sides of the housing crisis. We know many families forced to live in single rooms, studio flats and one bed flats because of discrimination and extortionate rents in the private rented sector. We know first hand the devastating impact that overcrowded housing has on people’s lives particularly their mental and physical health. We have been raising the problem of overcrowding with Southwark council for years but the council have failed to engage and take meaningful action.

Southwark council should be supporting their residents to access their housing rights and the secure council homes they need, instead it took a legal challenge before the council would accept that it had been wrongly denying that our families were statutorily overcrowded. Together with PILU, we will be making sure that the council goes back to review all previous decisions and applies the law correctly for all future cases. 

Southwark residents and all Londoners desperately need good quality, secure, 3, 4, 5 bed council homes in our communities. We welcome anyone struggling or worried about housing problems to get involved in our group to support each other and take collective action for good housing for everyone.” [ENDS]

For more information please contact Helen Mowatt at hmowatt@lambethlawcentre.org or Elizabeth Wyatt at elizabethwyatt1988@gmail.com

 

Southwark Council – No more evictions from temporary accommodation

Last Monday, we supported one of our members to stop the eviction of her and her daughter from temporary accommodation provided by Southwark council. By emailing and tweeting Southwark councillor Stephanie Cryan and the manager for housing, we were able to get Southwark to stop the eviction.

You can read our tweets here and thanks to everyone for the retweets and tweets in support as it makes such a difference (please keep on following our social media and sign up to our email alerts for future online support).

D and her daughter had only been given a weeks notice from the council that they would be evicted. Due to this short notice, they had not been able to get an appointment at the Citizens Advice Bureau. The eviction was due to rent arrears caused by problems with Universal Credit. D had been in touch previously with the council and they were aware that she had taken steps to deal with the arrears. D is a single parent who does not speak English as her first language. So why were the council being so quick to evict her?

This attempted eviction is not a one-off case. Threats of eviction from temporary accommodation due to rent arrears has become a familiar problem in our group. We have supported 5 other members with this problem this year. There must be many more people who our group has not met who are affected by this problem. One of these families was forced to leave her home but was re-housed the same day after we supported her at the housing office – during the move from one temporary accommodation to the other, her 3 year old daughter broke her leg. Homeless households are already a vulnerable group. Why are Southwark council being so quick to evict them?

Problems with universal credit, low paid and insecure work, and high temporary accommodation rents all mean that it is very easy to fall into rent arrears. Instead of evicting people, homeless households need support to deal with these problems. No one should be evicted from temporary accommodation.

As well as being wrong, we think that some of these eviction threats by Southwark council may be unlawful as the council have told families in temporary accommodation flats that they must leave, but the council have not got a court order which can be required for some types of temporary accommodation.

We are calling on Southwark council to stop all evictions from temporary accommodation and give support to homeless households who are in rent arrears. Homeless families need secure, quality, council homes not evictions!

Southwark council, don’t evict our member F, a survivor of domestic violence

Southwark council pledged to improve their treatment and provision for vulnerable survivors of domestic violence, yet one of our members F is facing street homelessness again after Southwark council have refused her a full homeless duty and are ending her temporary accommodation next week.

Our member F suffered domestic abuse for 5 years, she then faced months of sofa surfing and a year and a half in 5 different unsuitable hostels. She does not speak English and she suffers from a number of medical problems which she has struggled to get treatment for due to language and cultural barriers. Yet the council have deemed her not to be vulnerable enough for a full homeless duty.

Southwark’s approach to domestic violence survivors is made clear in this statement in the decision letter:

I have considered that you have previously been a victim of domestic abuse; I do not however consider this would render you vulnerable.

A number of other similar broad and unsubstantiated statements are made about how F is not vulnerable, despite us submitting detailed information about the many vulnerabilities she faces and deals with every day.

If a survivor of domestic violence is not considered to be vulnerable, there is something very wrong with the test that Southwark council are using.

Why is Southwark council not taking domestic violence seriously? Why are they still failing to support survivors? How can they justify making our member street homeless?

F must be given the full homeless duty that she needs so that she has some stability and security. She must be able to access the safe, secure council housing that she needs and deserves.

Southwark must support all survivors of domestic violence and support them to get the safe, secure housing they need.

Southwark must support survivors – house F now

When F went to Southwark housing office in September 2017 for the second time to ask for a homeless assessment, she was given this instead. Unlawful gatekeeping.

UPDATA 30th ARPIL 2018: Our member F was housed in temporary accommodation by Southwark council. She is very happy in her temporary accommodation because the location is close to her community and she has use of her own bathroom for the first time in almost 2 years. But the council have still not confirmed a full homeless duty for her. They must  give F the peace of mind and security of a full homeless duty where she can then bid for secure council housing. Southwark council must support survivors.

Original post:

Our member F was made homeless by domestic violence. When she visited Southwark housing office for help she was gatekept on two occasions – turned away without any housing assistance. With our help, she was finally able to open a homeless application, but 6 months later the council have failed to give a decision letter or temporary accommodation, leaving her threatened with street homelessness this month.

Southwark council’s treatment of our member, a vulnerable survivor of domestic violence, is unacceptable. F does not have English as a first language, a factor that is often used by housing officers when refusing help and which makes her more vulnerable in general as it harder for her to access basic support services. She suffers from a number of health issues and is experiencing severe stress and anxiety caused by homelessness. The council’s unlawful gatekeeping and delays has meant that she has been forced to live in unsuitable hostel accommodation for the last year and a half. During this time, one hostel she was staying in evicted everyone with days notice and she was forced to move to another.

If the council had acted when she first approached for help in October 2016, she might have been in secure council housing by now, instead, she is fearing street homelessness yet again.

The council must accept a full homeless duty and provide her with suitable temporary accommodation.

The council must also seriously reflect and investigate how F came to be so seriously mistreated in this way over this last year and a half. This gatekeeping and mistreatment has had a devastating impact on F’s life for the last year and a half.

We know that F is not the only person to face gatekeeping and poor treatment at the housing office. Southwark council must take urgent action to end unlawful gatekeeping of vulnerable homeless people and ensure they are treated respectfully so that a situation like this does not occur again.