About this blog

Ramblings, thoughts, facts and opinions about political things - starting point council tenant participation with my land-lord Camden council and council tenant reps plus other housing issues, and whatever.


NOTE: I believe this account has been illegally hacked. Little clues have been left for me. They like playing games.

Sunday, 2 August 2020

Legal Issues/Cases of Interest

Work in progress

The below 2 posts are joined
  1. Friday 10  June 2016 posting I did on this blog: London Council  Overcharged Tenants for Water HERE 
  2. Thursday 15 June 2017 posting I did on this blog : Legal Action Threat for Water Charge Arrears HERE 


Below cases are joined starting in descending order with:
  • 21 November 2019 costs review HERE of summary costs awarded against A Kuznetsov, assessed to the sum of £11,614.20.
  • 1st May 2019 Alexander Kuznetsov  V   The London Borough of Camden HERE - application dismissed, for reasons given. Application for a Judicial Review [JR] of decision of London Borough of Camden - that he is not qualified for allocation of housing under part 6 of the Housing Act 1996   
  • There's also THIS from early 2016 to do with Leaseholder Services Charges 

Unsuitable housing 

this one to do with housing officers illegally evicting and disposing of possessions

this one is to do with the water over charging 

To do with a fire [3 July 2009] in a block of council flats which killed 6 people and harmed many others 

legal and costs build-up 

contempt of court - housing department

House of Lords/ now known as UK Supreme Court
London Borough of Southwark and Another v. Mills and Others Baxter v. Mayor etc of the London Borough of Camden [1999] UKHL 40; [1999] 4 All ER 449; [1999] 3 WLR 939 (21st October, 1999) (bailii.org)  cited grounds Quiet Enjoyment and Nuisance failed - no sound-proofing within dwellings - landlord not liable. 'Buyer Beware'          

Begum v London Borough of Tower Hamlets [2003] UKHL 5 (13 February 2003) (bailii.org)London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023

London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023)
http://www.bailii.org/uk/cases/UKSC/2023/18.html Rates relief [or not] for registered charity/private business  re gym membership prices excluded those of modest means 


"Whether Part 4 of the Policing and Crime Act 2009 is incompatible with Article 6 of the European Convention on Human Rights."  

civil or criminal standard of proof for injunctions




Subsidence of house due to deep trench dug outside house/broke water pipes by council - house unsafe to live in was left empty and squatters got in and did damage - bill sent to Camden Council - council admitted nuisance liability    "The damages were left to an official referee"



"The proceedings in respect of AC were issued in 2020 as an application for an order that she be moved from her home, where she was living with GC, to a respite placement to allow for issues of hoarding and cleanliness of the property to be addressed and the property made safe." 












Protection from Eviction Act 1977 HERE 


                             llllllllllllllllllllllllllllllllllllllllllll

The below is a Warrant to Enter Premises under the Environmental Protection Act 1990 

 
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
 
 
CRAIG HILL AGAINST ANGUS COUNCIL [2023] SC FOR 6 (03 February 2023)
http://www.bailii.org/scot/cases/ScotSC/2023/2023_SC_FOR_6.html   [28 April 2022] 
Tenant claims to have had an accident due to lighting in communal area of block he lived in being faulty 
APPEAL BY CRAIG HILL v ANGUS COUNCIL [2023] Scot SAC Civ 15 (12/01/2023)
12 Jan 2023 
 
 
 
  Mohammed, R (on the application of) v Local Safeguarding Children's Board For Islington & Anor [2014] EWHC 3966 (Admin) (27 November 2014) http://www.bailii.org/ew/cases/EWHC/Admin/2014/3966.html
A housing related case and the tragic death of 7 y/o child who had autism 

Mitchell v. Glasgow City Council [2005] ScotCS CSOH_84 (30 June 2005)  
  Mitchell & Anor (APS) v Glasgow City Council [2008] ScotCS CSIH_19 (29 February 2008)  http://www.bailii.org/scot/cases/ScotCS/2008/CSIH_19.html
 

UO v London Borough of Redbridge [2023] 




                                     /////////////////////////////


Legal Status of Written Guidance by a Government Secretary-of State/Cabinet Member [Guidance that isn't an Order, or Secondary Legislation such as Regulations. 



update 13/nov/24

--------------------------------------------------------------------------------------


The declaration which I will make is as follows: "The Defendant does have a discretion to backdate the registration date of an applicant's application under the Housing Allocation Scheme for the reasons given in the judgment at paragraphs 67-72. The Defendant acted unlawfully by failing to consider exercising their discretion in response to the Claimant's request."




Housing - noise and smell


Application of Premises Closure Order 



ZR entered the UK as an asylum seeker and was given refugee status. 
Whether priority housing challenge/ 
Change of practice by Home Office




Shorr & Anor v London Borough of Camden (HOUSING - FINANCIAL PENALTY - unlicensed HMO owned by spouses but let and generally managed by wife 
– 4 penalties imposed on each spouse for failure to license and other management offences
 – whether LH authority policy interpreted correctly
 – totality principle – treatment of joint owners
 – ss. 72, 249A, 263 Housing Act 2004 – Management of Houses in Multiple Occupation (England) Regs 2006 – appeal allowed in part



Monday, 20 July 2020

Camden Housing Repairs Service: in-house

work in progress

Previous relevant blog posts:
Systems thinking in Local Government HERE
Housing Management Performance HERE


London borough of Camden Council 
Housing Scrutiny Committee
Tuesday 30 June 2020 6.30pm  

Agenda item 9. A Proposal for Increased Direct Provision of Repairs Services 
Report of the Cabinet Member for Better Homes 

"In Camden, we believe in the power of public services to improve people’s lives. Camden 2025 sets out a vision for the future of the borough, where everyone contributes to a safe, fair, creative and active community. Delivering this vision through our Camden Plan includes the development of local public services and insourcing work where this represents value for money to the Council and its residents.

Camden 2025 made a commitment to putting our communities and their needs at the heart of everything we do. Council services are critical to achieving this objective and contribute to our shared vision for a fairer, more inclusive borough.

The Council has a large housing stock which has remained in direct Council management throughout. 

The Council brought the repairs service for the Holborn area in-house in April 2019, and the Council launched the new in-house facilities management service in January 2020. Following a successful pilot, works to empty homes are being brought in house with supply chain support from June 2020.


Looking forward, the Council is seeking to deliver all repairs work directly and continue to build on the strengths of its in-house team to provide a comprehensive and high-quality service to its residents and building users.

Since 2013, major repairs have been delivered through an outsourced borough-wide contract and this report proposes that the work is insourced and brought under the control of the repairs team with support as required from a specialist supply chain. Over time the in house team will increase the proportion of work that is directly delivered, taking into account its capacity and other requirements such as leaseholder recharging and obtaining value for money.


This report is coming to Cabinet to agree this approach and support the management and delivery of major repairs by Council staff with supply chain support. This approach provides the Council with the flexibility it needs as it develops its in-house team and the Council will also to seek to procure the supply chain in the local economy where this is possible. 

The proposed approach also allows the Council to flexibly use in-house and contracted resources on other Council properties including schools and corporate buildings. 

The total value of the work over the five-year period is £165.8m, with supply chain contracts over this time being £62.1m, with twelve contracts proposed to be let (moving from a single contract for this work currently). The value of the supply chain contracts is proposed to decrease year-on-year."


Minutes:
Consideration was given to a report of the Cabinet Member for Better Homes, which was introduced by the Director of Property Management. 

Officers and the Cabinet Member then gave the following responses to key questions:-
·         The proposals sought to increase the work provided by the in-house team by approximately £2-3M each year for the next 5 years, eventually giving the in-house team a turnover of £25M per year. The report proposed a staged approach to increasing the capacity of the in-house provision, which could undertake major repairs with support from the supply chain as required. This mixed approach to service provision, would provide the right balance of in-house and external provision going forward.

·         The in-house team were seeking to remove management contractor layer (thus reducing costs), provide tenants with an improved customer experience, improve the co-ordination of repairs works, and create an apprenticeship scheme for people to learn appropriate skills and provide future employees.

·       Officers within the service were focussed on improving overall service performance, and they would provide members with information on the current baseline satisfaction data and performance targets going forward. 
           ACTION BY: Director of Property Management (AH) 

·         
     The proposed in-house service was not seeking to undertake specialist services like asbestos removal or scaffolding, as they had high overheads attached and it would be difficult to achieve an economy of scale.

·         Officers would provide Members with further information regarding the training that would be provided to staff in relation to the way all staff within the service would be engaging with people with disabilities, especially the deaf communityACTION BY: Director of Property Management (SR) 

RESOLVED –

THAT the report be noted.

_____________________________




Report of the Cabinet Member for Better Homes

Decision:
RESOLVED

(i)           THAT the approach to increase our in-house delivery of repairs to Council homes, with the value of in-house work being delivered over the five year period being approximately £100m, be approved;

(ii)          THAT, subject to consultation and engagement as detailed in the report, the flexible and progressive increase of in-house services through supply chain contracts be supported, and the strategy for the procurement of twelve contracts, each for a period of five years (with a break clause after three years), be approved, noting that the combined value of the procurement is £62.1m over the contract period; and

(iii)         THAT authority be delegated to the Executive Director Supporting Communities, in consultation with the Cabinet Member for Better Homes, to, having considered the outcome of consultation and engagement and having considered any equalities implications, award the 12 supply chain contracts.


------------------------

I haven't yet gone through the attached reports yet. I've only read whats written on the Council web-pages re public meetings of the council. I haven't been following what the council have been getting up to, particularly in the area of housing management; tenancy services provision;  council tenant groups etc etc-  via such thing as the minutes etc that are put up on Camden Councils public website homepage HERE

I don't enjoy having to come back to a place I thought I had left behind, a place I didn't like, an environment I thought was bordering on mafia like in how some groups and their people behave.


Its now nearly the end of July 2020, and for over 2 years now I have been trying to manage a not very nice situation I've found myself in, in my home living environment re the property I live in and my Landlord Camden Council. I being a long term secure tenant.

Despite rumours, I have never been evicted by any landlord. This is one  of the lies spread around the tenant participation scene about me, theres been others lies I know of and probably some I don't know off. Its a cesspit in my view and it wasn't for me, I found it harmful, toxic but for some people the seem to thrive in it, aspire to be somebody within it - of influence, authority, etc etc.




Friday, 10 July 2020

Lambeth Council IICSA

The Independent Inquiry Child Sexual Abuse (IICSA) has started up again with a continuation of the London Borough of Lambeth strand of the investigation.

You can follow Twitter updates at InquiryCSA @InquiryCSA or read transcripts of hearings, documents etc on the website HERE   #LambethCouncil #InquiryCSA

Its not easy reading (can be very upsetting at times) so caution is advised.

As well as the sexual abuse Inquiry part, Lambeth Council was also known for the Housing Fraud and Corruption problem it had - HERE

Saturday, 4 July 2020

2 July 2020: Masked, Muddled Mauraders

During the Covid 19 lock down the tenant below me had been living somewhere else and only come back to pick up post, mow the lawn that sort of thing. I had hoped that she had stopped with the false reporting of a leak [from my bathroom] going into her kitchen to the landlord Camden councils housing repairs department - and people in housing repairs and the housing estate office, going along with the scam.

As mentioned in other posts I had a heart attack on Monday 16  March 2020 - the week before the lock-down - i was in hospital for 5 days [16-21 march 2020]. When I came back I let the 2 tenants here know where I had been. I let the housing office know via email what had happened. No reply from any of them.

3 weeks ago the tenant below and the housing repairs team started again with the trying to get into my flat about a leak - a note was left downstairs in communal hallway for me. I ignored it.

3 weeks go by and on Tuesday gone [30 June 2020] a note with the name Jim Williams is left outside my flat door - urgent it says blah blah blah - again its about the fake leak. I ignored it.

Thursday 2 July 2020 around 9.15am or so - someone knocks on my flat door - long story short its 6 blokes from Camden Councils housing department - repairs and estate officer and they are wanting to get into my flat - let me see the leak then and I will let a plumber in to fix the problem, sort of thing.

Tenant in flat below is in but she won't let me in - to see this leak and the council people are giving me a load of bs about the water gushing down and all the bs i've heard before. I wouldn't let them in but went out to them and I told them a few things - if they want access they can break the door down or send me a court summons.

It just so happens to be rubbish collection day as you can see from the photo below of the 6 strong mob from the councils housing department.

They didn't know what to do - so they, or the housing officer phoned 999 - the emergency services - fire and the police. More photo's to follow.

First a fire engine turns up and a few firemen come over and I set them straight on a few things and they go off and hang about outside.


As this didn't work in getting me or the firemen to get them into my flat, the police where phoned - they turned up and I let them know a few things and whats really been going on and how I believe the people in the council and the tenant are lying and its some sort of scam/fraud and harassment of me, sort of thing - that there isnt a leak and it certainly isn't an emergency.

Low and behold, a copper tells me , after checking the tenants flat, that he believes me - blimey I was expecting the worse I really was - to be arrested at least, but to be believed I was relived and over whelmed. The police left and the only people left lurking about outside where the 6 strong mob from the housing department.

Did they say sorry to me, did anyone say sorry to me - no of course not.

Have they been arrested, has anyone involved in it been arrested, of course that would be too much for the police to do. I guess for now I have to make do with the copper believing me and not jumping to the tune of the 'crooks' in Camden Council. I have it on video of the copper saying he believed me and other stuff.

I am thankful to these Camden based Met coppers for being fair and reasonable.

People from Camden Council housing department wasted the time of our emergency services by phoning them up and misleading them - all to try and get into my flat over a fake leak the tenant in the flat below me keeps reporting.

Tenant didn't look very happy when she was called back to the flat a few times. I guess the scam wasn't going to plan and maybe she thought she would get into big trouble - but of course she didn't and probably won't get into any trouble not with people in the council going along with her/it.

I was very distressed and upset by what happened and I had to try my hardest to keep calm, not freak out or anything - i held my own I think, rather better than they maybe though I would be able to.  They couldn't in my view care less if I had another heart attack and died - brought on by their behaviour towards me.


Monday 6 July 2020
I've  not long finished filling it and submitted a report to the Met Police via their website. I was surprised to quickly receive a phone call arranging a time later on for police to come see me. Part of the complaint is about Camden Council.


Tuesday 7 July 2020
Police woman phoned me instead. I informed her about some of what has been going on.

She/they won't be doing anything other than me having been sent a CAD  number and I was informed that  every time something happens I have to keep reporting it to them.

I would have to report it around 10 tens before they did anything,  they don't even issue harassment warnings anymore apparently. I guess they won't be being 'dealt with by the courts' like I was a number of years ago for a lot less [imo] - well not via the police anyway.

But that being said I am thankful for the fair Copper for saying he believed me re there not being a leak - I recorded it so hopefully it will be of help to me.

Sat 11 July 2020
Transcript of some of what police officer said to me HERE

Wed 15 July 2020
Camden Council  Anti Fraud and Corruption Strategy HERE
last updated Aug 2019

Sun 19 July 2020
The first part of video recording of Thursday 2 July 2020 when 6 men from Camden councils housing department tried to get into my flat - illegally in my view.

I went out of my flat, locked my door and went downstairs to the communal hallway and was having a chat them them. I admit I got a bit annoyed at first as I was so fed up with their  and the  tenants behaviour and no one taking any notice of what I was saying.
https://youtu.be/noU9ANr1aVE


Wed 22 July 2020
This is when the police where leaving the property [2 July 2020] after we had a chat and it was established that there was no leak and for some reason the tenant below left the property when the police left. The 6 council blokes hung around outside for a bit after the fire and police people had gone.

Not so much as a sorry to me from any of them for having been caught out in a 'mis-understanding' by the police, after causing me repeated distress, upset, etc etc even when I had a heart attack.




Monday 27 July 2020
On Camden Councils website HERE, 'Complaints - How do  I report a fraud?'
There are 2 documents:
. Anti-Fraud and Corruption Strategy July 2020  HERE
  .  Anti-Bribery Policy July 2020   HERE



Thursday 17 Sept 2020


Wednes 22 Sept 2021
Looking through the councils website to do with another matter I came across a report HERE  given to the councils Housing Scrutiny Committee of Thursday 7 Nov 2019, agenda item 10 The New Landlord Service . Apparently they piloted the service in Kentish Town earlier in the year. 

Mary McGowan, Director of Housing Management, took the meeting through the report highlighting that the paper provided an update to the implementation of the new Landlord Service." 

As usual there is already lots of praise for how well they claim the new service is doing across the borough. "The new Landlord Service was now in place boroughwide, and already the way the new service was operating had been positively received. The service was seeking to continuously improve and share knowledge amongst the team, as well as assessing the way it was performing." 

2.9 Key principles that underline the new landlord service include:

 One single trusted point of contact for residents 
 Reduced “hand offs”. Staff pull in support rather than referring on. 
 An understanding of the wider context of people’s lives as well as the immediate issue that the resident presents with 
 An approach that tackles root causes as well as surface issues to help prevent further issues developing and to help residents to grow in resilience 
 A service that’s tailored around a resident’s individual needs 
 Responding early with an emphasis on prevention 
 A shift away from an enforcement-based service towards a more restorative approach whilst responding quickly when this is necessary to prevent harm or nuisance 
 The rights skills, knowledge and experience in teams to meet residents needs 
 A focus on the value work; which is work that helps us achieve our purpose 
 Staff are encouraged to question the way we do things and suggest alternatives to better meet resident’s needs. Reflective practice is encouraged and supported. 
 All staff have a role in identifying and flagging up the things that stop them providing a good service and in contributing to addressing these.

Need I read on for anymore 'fiction' writing. None of the above point seemed to have applied when it came to me in regards to how I have been treated by people in housing repairs and the housing estate office. 

No consideration towards me who they knew has a long term mental health condition as well as long term and additional physical conditions. They weren't interested in my wel-being, in what I had to say
, in how their and the 2 tenants behaviour was impacting on me. 

They may well think that my case is a one-off, but i reckon it isn't and even if it was, why was I treated me like I had no value at all - thats how it felt and if it wasn't for the decent copper helping me out so to speak, the best he could given who he was dealing with [camden council] I don't know what would have happened. I don't know how I would have gone on. 

It still upsets me at times, like now writing more stuff about it. Just because they say something is so, or something is this that and other doesn't make it so. 



Thursday, 11 June 2020

Local Authority Procurement Fraud and Corruption Risk Review

The below has been taken/copied from : https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2020-06-08/HCWS275/

Monday 8 June 2020
Local Authority Procurement Fraud and  Corruption Risk Review: Written Statement made by Mr Simon Clarke [Minister of State for Regional Growth and Local Government] [Ministry of Housing, Communities and Local Government

Today I have published a review into the risks of fraud and corruption in local government procurement in England, in collaboration with the Government’s Anti-Corruption Champion, the Hon. Member for Weston-super-Mare (John Penrose). This report delivers on a commitment by the Ministry of Housing, Communities & Local Government (MHCLG) in the UK Anti-Corruption Strategy 2017-2022 and is an important part of the wider agenda to strengthen the UK’s response to the risks posed by corruption. The findings highlight the importance of continued vigilance across the whole procurement lifecycle and is particularly relevant at this time of heightened activity by councils, as they are working hard to respond to the challenges posed by Covid-19.

Acknowledging and mitigating the risk of fraud and corruption is critical to sound financial management and ensuring that every pound spent by local councils supports the communities they serve. Activities to reduce vulnerability to the risks of fraud and corruption will also have the potential to improve efficiency and identify losses resulting from error, by highlighting weaker areas within systems and processes.

The potential benefits to both councils and the local taxpayer are significant. Under ‘business as usual’ circumstances councils in England spend around £55 billion a year on goods, works and services[1]. Estimates[2] of the losses to government expenditure caused by fraud and error range between 0.5% and 5%[3] (equating to between £275 million and £2.75 billion per year for local government procurement spend).

It is also important to emphasise that fraud and corruption are by their nature hidden, and a low level of reported cases does not necessarily indicate a lack of fraudulent or corrupt activity. Recent cross government reports demonstrate that detected fraud and corruption is only a proportion of the true scale of the problem[4]. Furthermore, of the 86 councils responding to the survey as part of this review, 23% reported having experienced cases of fraud and corruption within procurement in the 2017-2018 financial year.

Although there is no silver bullet for tackling the issue of fraud and corruption within procurement, this review draws together a range of activities which collectively help identify and mitigate the risks faced by local councils. The report details anonymised examples of good practice already in place across England, providing excellent evidence of local authorities’ innovation, commitment and collaborative approach.

The case studies of incidents of fraud and corruption and examples of best practice in prevention, illustrate how risks can materialise and what can be done to mitigate them. In addition, the report includes a risk matrix, which highlights possible measures that councils can use to strengthen their resilience to the risks of fraud and corruption. I hope the report will serve as a valuable resource for councils across the country to learn from. In additional to this report, I would also encourage councils to make best use of the National Fraud Initiative[5], CIPFA Counter Fraud resources[6] and the case studies from the Counter Fraud Fund pilots MHCLG funded in 2014[7], as well as the latest Fighting Fraud and Corruption Locally Strategy[8].

Taking forward the findings of the Review
This report sets out suggested next steps for the public sector as a whole, for local councils and for MHCLG. Those for the public sector focus on putting in place standard definitions and measurement methodologies, ensuring there is a central place to record reports of fraud and corruption and strengthening whistleblowing arrangements.

MHCLG has a key role in supporting a culture of strong governance and robust accountability within the local government sector, and the Counter Fraud and Anti-Corruption agenda are important strands within this work.

At the level of individual councils, appropriate capacity is needed to prevent, detect and respond to incidents of fraud and corruption within the procurement lifecycle. This means having in place effective fraud and corruption risk management structures and risk assessments, effective due diligence and management of gifts and hospitality and conflicts of interest.

Capacity and capability within local authority contract management and commercial activities have been identified as areas for improvement and all those involved in procurement must understand their roles and responsibilities, whenever commissioning, procuring or purchasing on behalf of their council. Councils should consider how the risks of fraud and corruption are managed in their wider networks, including local authority companies, Arms-Length Management Organisations (ALMOS) and other special purpose vehicles.

Procurement is only one area where fraud and corruption risks are present for councils, and similar risks are present in other areas of council operations. Many of the recommendations in this report should support efforts by councils to prevent and detect fraud and corruption, and to hold perpetrators successfully to account.


[1]. National Procurement Strategy for Local Government in England 2018, LGA, page 5 https://www.local.gov.uk/sites/default/files/documents/11.122%20-%20National%20Procurement%20Strategy%202018_main%20report_V7.pdf
[3] The Fraud Measurement and Assurance Oversight Board concluded that there is an upper and lower range of likely losses: 0.5% to 5%. See page 31, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/764832/Cross-GovernmentFraudLandscapeAnnualReport2018.pdf.
This statement has also been made in the House of Lords: HLWS271

Update 16 June 2020
Well, Camden council can't even detect a  significant [imo] fraud when its staring them in the face and has been for a number of years, yet I quite easily detected it and reported it yet it has carried on to this day - the tenant involved is being protected in my view and the housing officers and repairs team also. 

Its a scandal, yet because its me whose doing the exposing its 'oh quick everybody look the other way' and no one of any significance or importance will mention it. Oh look its that horrible evil harasser of upstanding council people who was 'dealt with' by the courts some years back - a nutter as well, Don't even look at her, it will encourage her - she dribbles as well. 

Monday, 6 April 2020

COVID -19 Message from housing team

I received the below message via email from Camden Council on Thursday 19 March 2020. At the time I was in the Royal Free Hospital, Hampstead, NW3, after having a HA 3 days before on 16 March 2020.

COVID-19 – a message from Camden Council’s housing team


Other news to do with Camden/Council is that the Labour MP for Holborn and St Pancras Keir Starmer, has recently been elected as the new leader of the Labour Party. 

I don't have much to say on this at the moment other than Camden council/labour party association aren't so great in my experience, with providing some tenants, including more vunerable and in need of support ones, with any degree of compassion and understanding of medical conditions and how bad housing impacts badly on the health and wel-being of some tenants - namely in this case, me, but I'm sure there will be plenty more tenants who have been treated like dirt by this Councils housing team.

So do excuse me Cllr  Apak and no offence intended, whilst I 'vomit into a sickbag' knowing that just because a council person says something doesn't make it real/true or the way things really are for some/many tenants of Camden Council. Good day sir.