A letter that I expect to arrive today

Update Thursday 17 December 2020, 9:58
Still the same. Royal Mail has not attempted to deliver my letter, according to its website. I wonder if a guy I know as Nathan has anything to do with that. He once walked up to me at the local large Tesco (Craswell Street), made the mysterious statement that he and I had never seen eye to eye or something along those lines – huh? wtf was he going on about? – then said that Royal Mail had offered him early retirement because of his severe problems with his spine and that he had accepted the offer. It turned out to be complete bullshit. I have no idea what this dude wanted from me. I don’t know him. He is someone who works at Royal Mail, who (says he) has severe back problems and I’ve brought him and his colleagues refreshments once on a hot day. (I also brought a tea from Greggs to a woman at Wilko on a freezing cold day once and I’ve once given my postie in Southampton a refreshment on a hot summer’s day. I don’t do that kind of thing in other countries, can’t recall any instances.) Other than that, I don’t know him, but he seems to have had some kind of issue with me for a long time. No idea what it might be. I saw him walking toward me on Arundel Street a few weeks ago and I decided to cross the road so that I could avoid him. I have no idea what his problem is and what his problem with me is. He initially seemed really friendly, just a regular guy, friendlier than his colleagues. The guy meanwhile has started to give me the creeps. He was also the one who handed me that package with wet and muddied fairly random letters from about 6 months and he was the one who told me about the package with the SSE modem that apparently had been sitting at the post office for a while after I tried to switch broadband providers for so long, in vain, when he saw me in Lake Road one day.

Portsmouth seems to abound with these types of folks. (Like this “Nathan”, I mean. But he used to have a genuinely pleasant and sane colleague whose son is a scientist. That guy left, though. Overall, Portsmouth is toxic. A lot of that has to do with the widespread deep poverty here as a result of the staggering inequality in England.)

 

Update Wednesday 16 December 2020, 11:45
The item was posted First Class Signed For on Saturday 12 December 2020 at 2:34pm at the Portsmouth Post Office [PO1 1AB] and still Royal Mail has not attempted to deliver this letter, according to the Royal Mail website.


This one (PDF): Letter Dated 11 December 2020

That older letter that I mention in the above letter had been sent “1st Class Signed For” and it was signed for. So was another letter I sent at about the same time. There was no response to either letter.

There was no response either to the e-mail I sent to Grant Murphy on 30 August 2019, in which I wrote that it was high time for a genuine and serious talk. I suggested meeting at his office on 3 September 2019 at 11am or 2pm.

I usually get ignored when I contact him or his staff for whatever reason, but when they want me to stop by and I contact them and say that I will do so two workdays later because I am hard at work for a client who I can’t let down, I often get a lot of angry words back.

When I wrote to them on 31 October 2016 about “problems at 6 Kingston Road”, I got no response back.

Mon, Oct 31, 2016, 11:23 AM

This was right after I spoke with Grant Murphy on the phone when I called him while I was at Fratton Train station, waiting for my train. He picked up the phone with something like “Student accommodation” but when I said that I thought I had called a different number and was looking for a Mr Murphy, he said that it was him. He told me that people picking the locks all the time was no big deal, but if I wanted, I could install different locks. (I have done that, but it has not helped.) He also said, I think, to go talk to my MP because he seemed to agree more or less that Portsmouth Police is useless (after he suggested I contact police after which I told him that I had already done that many times).

Grant Murphy and I made an appointment to meet on the Saturday after I arrived back because he said he was often at our buildings on Saturday anyway, which surprised me (but I had never met him, so it’s possible). That Saturday, I waited and waited. He never showed.

The e-mail I sent after I spoke with Murphy on the phone I wrote on the train, I am sure, as it was far from my most eloquent e-mail message, but I was upset and I felt that the problems at 6 Kingston Road were seriously getting out of hand to the point of the situation now becoming completely unworkable. (Someone had just emptied dumped one or two liters of ice cream on the doormat of the ground-floor neighbours in some kind of bizarre prank. It is one of the many results consequences of the building not being secure.)

Some weeks ago, I contacted Hants Fire about the rubbish again, which I had wanted to do many times before. (But it all feels soooooooooooo futile. Nobody in England or Portsmouth gives a damn about anything, it often feels like, to me. Nobody here cares. Is that too the result of Britain’s staggering inequality? If not, where does it come from?)

This is part of what I received back.

This below is what I got in the end.

 

What has also happened is that someone closed my water account one or two years ago – I think it was Portsmouth Water – and a year ago, someone took control of my electricity account and apparently transferred it so many times in a row that the account completely got lost along the way. I have electricity but I don’t know who supplies it (though I probably have made some calls about that by the time this post goes live). The account was transferred by someone who had the meter’s number and all my personal data, such as DOB and address and postcode; such data are in the possession of many people, of course, hence offer no security at all.

This is what happened the previous time, which must have been about a year after I spoke about this at the offices of Grant Murphy and had given up on the rubbish as I couldn’t afford to remove it myself:

I have also previously advised Ruth Mbvundula not to accept Grant Murphy’s refusal to refund her deposit as, in my opinion, his reason for refusing to return the deposit was likely also his fault and I felt that a compromise might be in order. I referred her to the tenancy matters department at Portsmouth City Council.


For the record this is more or less what I recently wrote to Hants Fire, part of which I also let them know in 2018:

Good afternoon Mark,

Thank you for your message.

1. It concerns two buildings, an older one and a newer one, each housing three flats, at 6 Kingston Road, Portsmouth PO1 5RZ. These buildings are owned by Mr Grant Murphy and/or one of his companies. He and his companies can be reached via the Royal Beach Hotel, St Helens Parade, Southsea PO4 0RN; the hotel is currently closed, however. (Guinness owns the newer buildings next to Murphy’s. It was Guinness that removed the rubbish previously, indeed.)

2. The lock to the back door of the older front building is often jammed from the outside. I do not know whether that means that the lock is also jammed for anyone wanting to exit through that door as we in the building at the back do not have keys to the front door of that building. Last time I tried that back door to see if I had any postal mail, a few days ago, the lock was jammed again.

3. Before the start of the present lockdown, some of the landlord’s staff removed a lot of branches among other things. These branches have been on our patio since then, though someone moved them slightly because the heap of branches (dead wood) was blocking access to the back door of the front building. They were in front of the door there.

4. The rubbish is mostly in an open shed and includes a mattress that sticks out a bit. When this area was filled with junk before, it was deemed a fire hazard by your colleague. I had already gotten rid of as much as I could (called scrap metal people and had some people from a charity shop take a look), thinking that it all had been dumped there by others, not by our landlord. When I went to talk with the landlord about getting the remainder removed, I was admonished when I said that I had already gotten rid of some of the junk. I have also offered to help the foreman clean out the area, but my offer was ignored. Last year, I took photos of what the situation was like back then and included printouts of the photos in my letter to the landlord.

5. It may also be helpful to know that my landlord’s legal adviser is a Mr David Lancaster.

I hope this gives you enough information.

Best regards,

Angelina Souren


 

It may be generally interesting to know that I also once caught a landlord/lady dumping stuff in my forecourt when I was living in Southsea. I talked with her about it. I’d previously taken stuff to the tip that had left behind by another landlord/lady as I happened to have rented a van anyway at the time.

I have also heard this rubbish dumping being blamed on foreign tenants, at the Portsmouth Environmental Forum. In my experience, it’s usually landlords who do this.

I know that a lot of English people are not going to understand anything of the above. Why do I bother? One thing I’ve learned in my 16 years in England is that, here, it makes absolutely no difference what you do. True. So you might as well do the right thing. In my view, it means that you stay true to your values even if there is nothing else you can do. And that feels a heck of lot better than just rolling over and closing your eyes.

Trouble finding a home to rent in Britain?

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Investing in warmer housing could save the NHS billions

File 20171004 32388 1np1bld
Bitterly cold.
Ruslan Guzov/Shutterstock

Dr Nathan Bray, Bangor University; Eira Winrow, Bangor University, and Rhiannon Tudor Edwards, Bangor University

British weather isn’t much to write home about. The temperate maritime climate makes for summers which are relatively warm and winters which are relatively cold. But despite rarely experiencing extremely cold weather, the UK has a problem with significantly more people dying during the winter compared to the rest of the year. In fact, 2.6m excess winter deaths have occurred since records began in 1950 – that’s equivalent to the entire population of Manchester.

Although the government has been collecting data on excess winter deaths – that is, the difference between the number of deaths that occur from December to March compared to the rest of the year – for almost 70 years, the annual statistics are still shocking. In the winter of 2014/15, there were a staggering 43,900 excess deaths, the highest recorded figure since 1999/2000. In the last 10 years, there has only been one winter where less than 20,000 excess deaths occurred: 2013/14. Although excess winter deaths have been steadily declining since records began, in the winter of 2015/16 there were still 24,300.

According to official statistics, respiratory disease is the underlying cause for over a third of excess winter deaths, predominantly due to pneumonia and influenza. About three-quarters of these excess respiratory deaths occur in people aged 75 or over. Unsurprisingly, cold homes (particularly those below 16°C) cause a substantially increased risk of respiratory disease and older people are significantly more likely to have difficulty heating their homes.

Health and homes

The UK is currently in the midst of a housing crisis – and not just due to a lack of homes. According to a 2017 government report, a fifth of all homes in England fail to meet the Decent Homes Standard – which is aimed at bringing all council and housing association homes up to a minimum level. Despite the explicit guidelines, an astonishing 16% of private rented homes and 12% of housing association homes still have no form of central heating.

Even when people have adequate housing, the cost of energy and fuel can be a major issue. Government schemes, such as the affordable warmth grant, have been implemented to help low income households increase indoor warmth and energy efficiency. However, approximately 2.5m households in England (about one in nine) are still in fuel poverty – struggling to keep their homes adequately warm due to the cost of energy and fuel – and this figure is rising.

Poor housing costs the NHS a whopping £1.4 billion every year. Reports indicate that the health impact of poor housing is almost on a par with that of smoking and alcohol. Clearly, significant public health gains could be made through high quality, cost-effective home improvements, particulalrly for social housing. Take insulation, for example: evidence shows that properly fitted and safe insulation can increase indoor warmth, reduce damp, and improve respiratory health, which in turn reduces work and school absenteeism, and use of health services.

Warmth on prescription

In our recent research, we examined whether warmer social housing could improve population health and reduce use of NHS services in the northeast of England. To do this, we analysed the costs and outcomes associated with retrofitting social housing with new combi-boilers and double glazed windows.

After the housing improvements had been installed, NHS service use costs reduced by 16% per household – equating to an estimated NHS cost reduction of over £20,000 in just six months for the full cohort of 228 households. This reduction was offset by the initial expense of the housing improvements (around £3,725 per household), but if these results could be replicated and sustained, the NHS could eventually save millions of pounds over the lifetime of the new boilers and windows.

The benefits were not confined to NHS savings. We also found that the overall health status and financial satisfaction of main tenants significantly improved. Furthermore, over a third of households were no longer exhibiting signs of fuel poverty – households were subsequently able to heat all rooms in the home, where previously most had left one room unheated due to energy costs.

Perhaps it is time to think beyond medicines and surgery when we consider the remit of the NHS for improving health, and start looking into more projects like this. NHS-provided “boilers on prescription” have already been trialled in Sunderland with positive results. This sort of cross-government thinking promotes a nuanced approach to health and social care.

The ConversationWe don’t need to assume that the NHS should foot the bill entirely for ill health related to housing, for instance the Treasury could establish a cross-government approach by investing in housing to simultaneously save NHS money. A £10 billion investment into better housing could pay for itself in just seven years through NHS cost savings. With a growing need to prevent ill health and avoidable death, maybe it’s time for the government to think creatively right across the public sector, and adopt a new slogan: improving health by any means necessary.

Dr Nathan Bray, Research Officer in Health Economics, Bangor University; Eira Winrow, PhD Research Candidate and Research Project Support Officer, Bangor University, and Rhiannon Tudor Edwards, Professor of Health Economics, Bangor University

This article was originally published on The Conversation. Read the original article.

Underpaid, overworked and drowning in debt: you wonder why young people are voting again?

Paul Whiteley, University of Essex

The 2017 general election was highly unusual as far as the youth vote was concerned. The Labour party won 65% – the lion’s share – of the youth vote. The nearest comparisons are with 1964 and 1997. In both those years, Labour took 53% of the youth vote. In the 2015 election, just two years earlier, the party had won just 38% of the youth vote.

How the under-30s vote

Tracking the youth vote between 1964 and 2017.
Paul Whiteley, Author provided

The contrast between the youth vote in the 2010 and 2017 shows how radically youth voting patterns have changed. During this period, their turnout rose by 19%. This change in youth participation, combined with a massive swing to Labour, has unsurprisingly led some to talk of a “youthquake”.

What could have brought this about? Political and cultural drivers are clearly at work. That includes youth support for remaining in the EU and their preference for Jeremy Corbyn over Theresa May. Only a quarter of 18-to-25s voted to leave in the EU referendum compared with two-thirds of those over 65.

But economic drivers also played a crucial role. Young people, put simply, have lost out both in the economy and government policy making. Since 2010 the British government has been preoccupied with shoring up its political support among middle aged and retired voters. It has largely ignored the concerns of the young, very often dismissing them because, in the past, most young people did not vote. That all changed in 2017.

Paying for education

One obvious driver of youth voting is the rapid increase in student debt imposed by a government which sought to privatise higher education during the austerity years. Tuition fees were originally introduced in 1998 and had reached £3,000 per year by 2006-7. At the time, it was widely accepted that the considerable graduate premium which existed in lifetime earnings justified a contribution to the costs of higher education by the beneficiaries.

But things radically changed in 2010 when the coalition government introduced a fees cap of £9,000. Ironically, this increased privatisation of the costs of higher education was accompanied by ever-increasing regulation, so that the less the state supports higher education the more it wants to control it. This trend culminated in a 2016 proposal to scrap maintenance grants and raise fees to £9,250 while at the same time charging interest rates of 6.1% on student loans at a time when the Bank of England base rate was 0.25%.

Such a reckless disregard for the interests of more than 40% of the under-25s is quite hard to understand, particularly in light of the fate of the Liberal Democrats following their u-turn on tuition fees after they joined the coalition in 2010.

The bias against youth was not confined to university students. In April 2016, the minimum wage was raised to £7.50 an hour, but this change only applied to employed workers over the age of 25. The minimum wage for apprentices under the age of 19 was a meagre £3.50 and hour and this did not change. Young people were essentially ignored.

Another aspect of the same issue relates to the self-employed, none of whom receive the minimum wage. Historically, self-employed workers have been older than the workforce average age – but, in recent years, self-employment has grown faster among the under 25s than any other group with the exception of 40-year-olds. Between 2008 and 2015 the number of self-employed people in the UK increased from 3.8 million to 4.6 million people with part-time self-employment, often synonymous with under-employment, increasing by 88%. Thus young people have lost out on the increases in minimum wages, with many of them being underemployed and working part-time for wages that are well below average.

Are you even listening?

It was, therefore, no surprise that when the pollsters YouGov recently asked citizens to rank their priorities for the country, 46% of 18-24 year olds selected increasing the minimum wage to approximately £9 per hour. That compared to a national figure of 28% (and 19% among pensioners).

In our panel survey of the electorate conducted immediately before the 2017 general election, we asked respondents if they agreed or disagreed with the following statement: “The government treats people like yourself fairly”. We found that 18% of the under-25s agreed with this statement compared with 28% of the over-65s. In contrast, 49% of the under-25s disagreed with it compared with 32% of the over-65s. Youth have not only been left behind but many of them are aware of this fact and have a sense of grievance arising from it. The stark difference in the responses of youth and pensioners to this statement is related to the differences in the government’s treatment of them.

The so called “triple lock” on pensions was introduced by the coalition government in 2010. It was a guarantee to increase the state pension every year by the rate of inflation, average earnings or by a minimum of 2.5% whichever was the highest. By 2016 it produced a situation in which retired people had average incomes £2,500 higher than in 2007/8, while those who were not retired earned an average of £300 less over this period. The latter reflects the fact that real wages have been flat-lining for more than a decade.

Given all this it is no surprise that the 2017 election was a case of youth striking back.

The ConversationThis article is based on research by Paul Whiteley, Harold Clarke, Matthew Goodwin and Marianne Stewart. Paul Whiteley is speaking at Youthquake 2017! Can young voters transform the UK’s political landscape? a joint event between The Conversation and The British Academy on October 9, 2017.

Paul Whiteley, Professor, Department of Government, University of Essex

This article was originally published on The Conversation. Read the original article.

Homelessness, housing duty and vulnerability

Today is the third of three days at the Supreme Court that focus on homelessness, housing duty and vulnerability (or rather, priority).

courthouseThe three cases are:
– Hotak (Appellant) v London Borough of Southwark (Respondent)
– Johnson (Appellant) v Solihull MBC (Respondent)
– Kanu (AP) (Appellant) v London Borough of Southwark (Respondent)

(Interveners in all three cases:
Equality and Human Rights Commission, Shelter, Crisis and the Secretary of State for Communities and Local Government.)

What is it all about? Predominantly 189(1)(c) in the Housing Act 1996:

189 Priority need for accommodation.

(1) The following have a priority need for accommodation—

(a) a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b) a person with whom dependent children reside or might reasonably be expected to reside;

(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

(d )a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

(2) The Secretary of State may by order—

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or repeal any part of subsection (1).

(3) Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

(4) No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.

Hotak is a pretty straightforward case, at first sight; the two other cases are less clear. Hotak concerns two brothers, one of which (Sifatullah) would certainly be considered vulnerable if the other one (Ezatullah) had not said that he would look after his brother. The brothers were living in a friend’s flat in Southwark, but told to leave because of overcrowding. Ezatullah’s immigration status at the time, however, made him ineligible for housing assistance.

Southwark did give the brothers temporary housing while it made its mind up. It decided that Sifatullah was unintentionally homeless, and eligible for assistance, yet did not consider him vulnerable in terms of in priority need of housing because his brother was looking after him. This is where the case went off the rails.

If Sifatullah were a pregnant woman, unintentionally homeless (as it is called), and eligible for assistance, whether the person with whom she resides or might reasonably be expected to reside supports her or not makes no difference, as one of the lawyers highlighted on Monday.

Another one pointed out that the law does not contain an element of comparison. A person’s own condition makes him or her relatively vulnerable when on the street, and the law had the intention of preventing and eliminating all homelessness. This would mean that a) there is no such thing as “an ordinary street-homeless person” (used by Southwark to compare Sifatullah against) and b) one could say that being homeless in itself already points toward a person being less able to fend for himself or herself, as homelessness is not the norm in this country.

It looks like the practice of the application of this legislation – carried out by the decision-making housing officer – has been moving toward comparing a blind applicant with street-homeless blind applicants, deaf applicants with street-homeless deaf applicants, mentally ill applicants with street-homeless mentally ill applicants, applicants with substance abuse with homeless people with substance abuse.

More specifically, practice seems to be more and more relying on the premise that all homeless persons are, almost by definition, street-homeless mentally ill and/or substance abusers and/or physically ill, deserving no special protection (in Johnson, for instance). The law was not intended that way. The law does not even say anything like this.

The pregnant woman, however, is never compared with other pregnant women to determine her vulnerability. The same applies to any persons who have lost their home in a flood.

“Ideas about vulnerability are perhaps most often applied by those in more powerful positions to define those in less powerful ones.” (Kate Brown)

Housing matters at the Supreme Court – 4

courthouse

Coming up first is Aster v Akerman-Livingstone, on 10 December.

lady justice Hotak v London Borough of Southwark has been moved and is now scheduled together with two more cases, Kanu v London Borough of Southwark and  Johnson v Solihull Metropolitan Borough Council, on 15 to 17 December. Central question: What is “vulnerability”, in housing matters?

Housing matters at the Supreme Court-3

London has more legal matters to do with housing than other towns, and this morning, one made it to The Independent. It is a case that will probably also turn up at the Supreme Court after the Court of Appeal rejected the appeal last week, paving the way for similar cases.

Is London carrying out social cleansing by relocating its poorest? Particularly some areas of London seem to keep making negative headlines in this respect.

London earlier caught the revealing glare of the spotlights when it was found to be introducing social apartheid by making poorer tenants use other doors than wealthier tenants in the same building (see the item in The Guardian). I hope that someone decided to sue the city over that, meanwhile.

You can read the article about the case of the family that is asked to move 50 miles (80 km):
here.

 

 

Housing matters at the Supreme Court-2

Another case coming up soon is Hotak v London Borough of Southwark. This case centres on the question “Is a vulnerable person still a vulnerable person in terms of housing needs if he has a family member to look after him?”

The background is more or less the opposite of bedroom tax craziness. Two brothers were living with a friend; one brother was looking after the other. The two were informed that this was overcrowding, and that they had to leave.

So they applied for housing assistance. The council agreed that they were “unintentionally” homeless, but the council didn’t consider the vulnerable brother a priority because his brother looks after him. (That essentially is a go-ahead for making them both homeless.)

The vulnerable party has learning difficulties, has self-harmed and has had symptoms of depression and post-traumatic stress disorder. He relies on his brother to be able to cope with life, including matters of personal hygiene.

Housing matters at the Supreme Court

The Supreme Court will soon deal with two interesting cases concerning housing law and homelessness. The one that has most of my attention is Aster Communities Ltd v Akerman-Livingstone.

court houseQuickly summed up, it is about a man whose specific medical condition (a psychiatric injury as a result of a series of traumatic stressors) led to his local housing authority wanting to evict him from his temporary home, and then rehome him somewhere else. I think I understand his housing authority’s reasoning (which sees this differently, namely as purely following the rules), as well as the tenant’s situation.

In 2010, Mr Akerman-Livingstone was homeless. He has a severe prolonged duress stress disorder (PDSD, which I explain at the bottom of this post). When he went to his local housing authority, the Mendip District Council, the Council accepted that it had a housing duty toward him, a vulnerable citizen with priority needs. It gave him a home.

It is not entirely clear to me whether his disability is generally accepted or not, but that does appear to be so. The Court of Appeal’s judgment states that ‘he is a very sick man’ under 2, but ‘even assuming that Mr Akerman-Livingstone is able to prove his disability to the full’ under 5. In 2010, the District Council agreed that it owed a duty to him as someone with priority needs. This means that the District Council accepted that he has a disability. In 2012, the District Council again accepted that Mr Akerman-Livingstone has this disability, when he applied to them again as he was being threatened with homelessness as a result of the eviction proceedings that are at the heart of this case. So his disability appears to be fully accepted.

Why is he being evicted, you ask? Was he was causing problems for neighbours or had he developed serious rent arrears? No. There were no problems. The underlying reason for the eviction is that the District Council saw his current flat as merely the man’s temporary home. He cannot continue to live in his current home, says the District Council, because it wants to be able to give his current home to someone else who is homeless (likely also on a temporary basis). One can reasonably ask why the District Council does not simply give the homes they offered to Mr Akerman-Livingstone to other persons who are homeless and let Mr Mr Akerman-Livingstone continue to live in his current home. Problem solved, one would think, but real life is rarely that simple.

The problem started when the District Council wanted Mr Akerman-Livingstone to leave his current home and choose a different property where he would then have to move to. Because of his disability, he could not cope with that idea and everything it involved. His uncooperative response was considered ‘rejection of offers of suitable accommodation’ although it is a direct result of his specific psychiatric condition. It is like faulting a blind person for nor passing a vision test, in this very specific case. If Mr Akerman-Livingstone had not had this specific psychiatric injury, he would not have had such a problem coping. Essentially, the man requires peace and quiet and needs to be left in peace. Anyway, the District Council gave up and considered itself released from its obligation to house Mr Akerman-Livingstone.

The District Council then asked the housing association (Aster Communities Ltd, formerly Flourish Homes Limited) to start eviction proceedings against Mr Akerman-Livingstone so that the District Council could give his home to a different homeless person. When the housing association did this, Mr Akerman-Livingstone (presumably someone acting for him as his solicitor) responded that this was discrimination against him because of his disability (the PDSD). That, so he said, was in breach of Section 15 of the Equality Act 2010.

The court had two options for dealing with this: to proceed to a full trial to decide about the discrimination issue and then rule on the eviction or deal with the matter summarily, that is, take the shortcut that takes up a lot less time and money and which is what usually happens in eviction proceedings.

Not surprisingly, Mr Akerman-Livingstone wanted a full trial. Equally unsurprising is that the housing association did not. On 7 June 2013, the sitting judge agreed with the housing association.

To be allowed a full trial, Mr Akerman-Livingstone needed to have a seriously arguable case (that is, a fighting chance to win that case) in the eyes of the judge (judge Denyer). The judge did not think so and ordered the immediate eviction. Mr Akerman-Livingstone’s lawyer filed an appeal against this, but that appeal was rejected on 14 October 2013 by a second judge, at the High Court. Next, Mr Akerman-Livingstone’s lawyer appealed against the decision of the second judge. That appeal was heard in London, at the Court of Appeal, by Lady Justice Arden, Lady Justice Black and Lord Justice Briggs.

The Court of Appeal felt that it needed to answer two questions:

  • Should there be a full trial or not?
  • What would Mr Akerman-Livingstone have to show to prove his case? That was needed in order to be able to answer the first question because if Mr Akerman-Livingstone’s lawyer would not be able to prove his case, then there is no obligation to hold a full trial to decide about the eviction.

Well, said the Court of Appeal, even ‘if Mr Akerman-Livingstone is able to prove his disability to the full’, if Aster can show that the eviction proceedings are ‘a proportionate means of achieving a legitimate aim’ in the sense of Section 15(1)(b) of the Equality Act 2010, there will not have been unlawful discrimination.

That said, the burden of proof is shared (Section 136 of the Equality Act 2010), continued the Court of Appeal, and that means that Mr Akerman-Livingstone ‘has to do no more than show that there are facts from which, in the absence of some other explanation, the court could conclude that Aster had discriminated against him.’

The Court of Appeal then looked at what the lower courts had done, and at what the European Court on Human Rights (located in Strassbourg, France) had said about related matters and similar cases. The Court of Appeal ended up agreeing with the judge who had sat in the High Court (the second judge, Justice Cranston). It felt that Mr Akerman-Livingstone’s case was not seriously arguable as his interests were not seen as heavily outweighing those of the housing association (proportionality).

The question as to what kind of tenancy Mr Akerman-Livingstone has did come up at some point, but is not important within this context.

First, Mr Akerman-Livingstone would have to show that to be evicted would amount to discrimination because of his condition (the PDSD).

Section 15 (Discrimination arising from disability) of the Equality Act 2010 says:

  • 15(1) A person (A) discriminates against a disabled person (B) if—
    (a) A treats B unfavourably because of something arising in consequence of B’s disability, and
    (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
  • 15(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

This shows that the case hinges on 15(1)(b). 15(1)(a) appears to be the case and 15(2) does not apply. If the housing association and the District Council had not known about Mr Akerman-Livingstone’s disability condition, it would have been impossible for them to be guilty of discrimination, as a person is not able to discriminate on the grounds of something he or she does not know. That was likely never a serious point of debate, as Mr Akerman-Livingstone had been given his current home in 2010 because the disability classified him as a vulnerable person with priority needs and in 2012, the District Council again accepted him as a person with priority needs.

It is often very hard to prove discrimination; that is why the burden of proof is shared (Section 136, Equality Act 2010), which means that the other party also has to show that it did not discriminate:

  • 136(2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.
  • 136(3) But subsection (2) does not apply if A shows that A did not contravene the provision.

The real problem seems to be that it is the Housing Act that appears to be doing the discriminating – puts Mr Akerman-Livingstone at a disadvantage because of his disability – because it does not define ‘refuse’ and appears to contain no provisions for anyone who can be seen as ‘refusing’ an offer of housing when that ‘refusal’ is a direct consequence of a disability. In this case, the ‘refusal’ is an integral part of Mr Akerman-Livingstone’s disability. His condition led to the tick mark in that box that allowed the District Council to consider itself released of its duties toward Mr Akerman-Livingstone (which then in itself led to new duties, as the District Council releasing itself of its duties and starting eviction proceedings against him threatened to make him homeless again).

The man requires peace and quiet, not yet another upheaval and series of stressors. Moving home is one of the major life stressors, and the mere thought of having to decide on where he wants to move to next apparently already is too much for him. Moving home may aggravate his condition.

Frankly, I believe that the housing authority (the District Council) and housing association would have done a better job managing everyone’s resources including their own if the District Council had simply housed someone else in the properties offered to Mr Akerman-Livingstone and allowed Mr Akerman-Livingstone to continue to live in his current flat, as I already mentioned. Generally speaking, though, any party is free to choose to either carry out bad management or good management if it has the right to carry out that management and does not infringe on other parties’ rights.

There is another twist to the story. The head lessor is not Aster Communities Ltd but a property developer and the property developer apparently has asked Aster to deliver up the premises without any tenants in them. If that is the case, then the argument that the rights of other homeless persons are just as important as the rights of Mr Akerman-Livingstone might no longer apply (although the District Council’s new housing duties toward Mr Akerman-Livingstone appear to be less than what they were in 2010).

If it is indeed the case, however, that the District Council wants to evict Mr Akerman-Livingstone from his flat so that it can give the flat to someone else who is homeless, then in theory, it could end up rehoming Mr Akerman-Livingstone in the same flat from which he is being evicted (and that might even be with the head lessor as his new landlord, instead of Aster Communities Ltd).

Moreover, perhaps the District Council could have foreseen this course of events – in view of the man’s specific medical condition – when it housed the man in 2010. It could have prevented it. It could have given him a home it considered long-term housing and not just temporary. (It may not have been in a position to do that; it depends on the circumstances.)

It appears to be the housing and homelessness charity Shelter that is instructing the lawyers acting for Mr Akerman-Livingstone.

I am interested in the response from the Supreme Court. Decisions by the Supreme Court can have far-reaching consequences.

I emphasise that the above is just a general description of the background of this case. I also add that, unlike what the public may often think, justices and judges rarely have the freedom to apply their personal view and sometimes are forced to decide in a way they wish they did not have to. They have to take other cases into consideration, for example, and apply the law consistently.

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PDSD stands for Prolonged Duress Stress Disorder, but this is an outdated phrase. The correct name of the condition is Complex Post-Traumatic Stress Disorder or Complex PTSD. The current Diagnostic and Statistical Manual of Mental Disorders (DSM-5) considers PTSD a condition related to trauma and stressors, and includes Complex PTSD (or PDSD). DSM-5 was published on May 18, 2013. The previous edition of the DSM included PTSD but not the variant Complex PTSD, so I understand.

Someone with PTSD, complex or otherwise, can either be the victim or the witness of trauma. More specifically, it can concern:
1. Directly experiencing the traumatic event(s);
2. Witnessing the event(s);
3. Learning that the event(s) occurred to one or more close relatives or close friends;
4. Experiencing repeated or extreme exposure to aversive details of the event(s).

I guess you could see someone with Complex PTSD as someone who has been hit with a  baseball bat very badly, figuratively speaking, over and over and over, again and again, and who never got the chance to recover. That is just my lay person’s view, however.

See also this short later post.

British apartheid

While reading three of Nelson Mandela’s (auto)biographies, I noticed some similarities with how the UK treats (oppresses) a large group of its population. I was not sure what to think of it, and a bit hesitant, held back by not wishing to offend anyone who’s endured apartheid in South Africa, to dare compare the situations.

Now this turns up.

Apartheid in the UK is a reality (article in the Independent). Here is the link to the initial article in the Guardian.

Note the sharp contrast between the US and the UK. On paper, Britain and the US may have similar degrees of inequality, but in reality, very little is similar about it.

This appalling craziness has got to stop. We badly need more equality in the UK. Real equality.

As the main driver for this inequality appears to be the urge to accumulate more money by those who already have plenty, there have to be financial motives behind the UK’s inequality. So, is the UK deliberately – habitually – keeping a large group of people poor enough so that it has a buffer of powerless people it can milk and starve whenever the economy tanks, or what? (The answer to that is “yes”.)

There is money in these “poor doors”, a lot of money.

There is nothing wrong with money. The problem is the feudal thinking. The service charges argument is bullshit. That can be solved some other way.

Someone might consider sueing London over this. Its planning committee made this possible, and signed off on it.

(This is not the “pepperpotting” Ken Livingstone had in mind!)

A better step? Reverse the situation! Make the entire building affordable living on the condition that a few rich folks get to live in it as well.