Case Work Success

Here is a report from our Caseworker, Yiannis Voyannis:

Ms B had been facing problems with her electricity supplier, British Gas (she owed them about £280). She is a young single mother whose only income is in the form of benefits, and whose 5 year old son suffers from serious health problems including urinary incontinence, developmental delays and low vitamin D.

 

We helped her apply to the British Gas Energy Trust for financial assistance, and mentioned to the Trust Ms B’s abysmal housing situation, namely the rodent infestation which has become a serious hazard to her and her children’s health. Her son was bitten by mice and had to go to hospital as a result, and she has told us that when the family are watching tv they cannot put their feet on the floor otherwise they will get bitten by mice. Helen has been asking Camden council (the landlord) to deal with the problem since she moved in in 2007.

 

We also mentioned the rent which Camden council had charged her before the place had been made habitable, while refusing to provide Housing Benefit for the flat, resulting in her falling into arrears.

 

In recognition of these very serious problems, the Trust awarded Ms B a cheque of £306.52 payable to the London Borough of Camden, to go towards her rent arrears.

 

We have also complained to Camden about the above housing related issues, but have yet to receive any positive response from them.

Explanation Sought for False Document Used by Hackney Council

Zacchaeus 2000 Trust has helped Hackney resident win an appeal before the Valuation Tribunal England against a five year-old council bill which should have been paid by his landlord in 2004.

David O’Shaughnessy rented a single room at a now-demolished house of multi-occupation at 1G Seal Street in Hackney between 2002-2004. Five years later, in August 2009 Hackney Council demanded he over £2000 owed in council tax on the property, even though it was the responsibility of the landlord in law.

Mr O’Shaughnessy disputed his liability but Hackney Council continued to pursue him despite the law requiring that owners – not residents – must pay council tax on houses in multiple occupation.*

Finally, after a two year battle and an appeal, the Valuation Tribunal England sitting at Whitechapel has upheld Mr O’Shaughnessy’s case with a judgment issued on January 20th 2012.

Mr O’Shaughnessy has already been awarded £200 from an initial complaint to the Local Government Ombudsman – although Hackney Council has failed to pay this. But Z2K are now backing Mr O’Shaughnessy in a further complaint regarding the conduct of the Revenues and Benefits section and the use of pages of a false rent book to try and attribute liability to him.

Alan Murdie, senior lawyer at Z2K who represented Mr O’Shaughnessy at his appeal before the Tribunal stated:

“It has been the law since 1992 that owners, not occupiers, are liable for council tax on houses of multiple occupation. We cannot explain why Hackney Council were so relentless in trying to pin on Mr O’Shaughnessy, rather than the landlord concerned.”

“We are also particularly concerned that Hackney Council tried to rely on pages from a false rent book against Mr O’Shaughnessy. These documents purported to show him paying rent at 1G Seal Street in 1999, when he did not even live in Hackney until over two years later. Either the landlord was some kind of clairvoyant or there is another explanation for this document which has not yet been given. We hope that the complaint will get to the bottom of this mis-use of Mr O’Shaughnessy’s name and identity.”

“Meanwhile, the Valuation Tribunal England has now upheld Mr O’Shaughnessy’s case and I hope that any other council taxpayers who have dispute liability or calculations with their council will also be prepared to appeal there.”

 

*See the Council Tax (Liability of Owners) Regulations 1992 SI 551                                       -

For more information on the Valuation Tribunal England: www.valuationtribunal.gov.uk

Z2K help family avoid night on the streets

Although Z2K is neither an immigration or refugee charity, we do often meet migrants, refugees and asylum seekers in desperate need of our help. Below is our Caseworker Yiannis’ account of how he gave Z2K’s trade mark intensive assistance to a family on the verge of homelessness. Unfortunately Brent’s behaviour is all too common among Local Authorities who will try anything to get out of providing assistance to those in need.

Mr and Mrs F was referred to us the day before his eviction, by his MP Glenda Jackson. The family were failed asylum seekers, with two young children. With nowhere to move to, we accompanied them to Brent social services. They said they could only help the children, and the parents would need to live somewhere separately. The parents were very upset when they heard this, and understandably said that that would not be an option.

Brent then told us the Fs would need to apply for assistance under the National Assistance Act 1948, through the Refugee Council. We went to Brixton, only to be told after a long wait that they need to make a fresh asylum claim before NAS assistance can be offered. With both tenants in tears, we then went back to Brent Council and asked them to house the children and parents together. However they had not changed their positions, they would only house the children, without Mr and Mrs F.

We asked them to reconsider, as they have a legal duty to do what is in the children’s best interest ( which involves keeping the family together whenever possible). The case was referred to ‘senior management’, only for us to wait until 5pm to be told once again that separating the parents from the children was an option being seriously considered by Brent. The mother of the children, who was already crying, had a minor panic attack, finding it very difficult to breathe or drink water. A few minutes later, the social worker from Brent returned and said that Brent had decided to house the whole family in a nearby BnB for one night only, to give them a chance to make a successful application for NAS assistance. No apology or explanation was offered as to why this offer had not been made until so late in the day, and after so much anguish on the part of the parents.

The next day, as it was clear that NAS assistance would take a week to be sorted out (at least), Brent decided to house them for a further 15 days. We referred them to another organisation which could help with their immigration and NAS applications.

Casework Success

After 18 months of struggle we have succeeded in saving from homelessness F. a 20-year-old single mother care giver who has been looking after her 2 sibling brothers since she was 16.  She had been placed in private rented accommodation because of the shortage of social housing and her unscrupulous landlord agreed a rent level for which she would have received full housing benefit only if the tiny living space in her flat was treated as another bedroom. Continue reading

Housing Benefit Caps: Seeking Advice Line Volunteers

Job Details:

Zacchaeus 2000 Trust (Z2K) is a small charity based in Westminster that assists vulnerable debtors and victims of mistakes and/or oppressive enforcement by the welfare and justice systems. We work to support those in extreme poverty and help them negotiate the court system and government bureaucracies. We pursue test cases through the courts and we lobby Parliament and other statutory bodies when the law and government practice is unfair or oppressive. Continue reading

Housing Benefit Overpayment: Z2K to take challenge to the Upper Tribunal

Last year a volunteer of ours received just over £200 in Housing Benefit overpayments over the space of a few weeks. As is quite understandable he assumed the Local Authority would have gotten their calculations correct, having supplied all the correct information to them and did not realise there had been any overpayment.  He used this money to meet housing costs, and so when the error was noticed could not immediately repay the money.

A tribunal recently ruled in this case that the burden to identify such mistakes falls with the claimant – not the Authority or landlord. Z2K is concerned that Housing Benefit rules seem to expect even seriously ill, debilitated or otherwise vulnerable claimants to understand benefit calculations which Local Authorities, who should be the experts, do get wrong. Indeed the council fully admitted they had made an error in this case.

Judges themselves have previously identified housing benefit cases as problematic. In a Housing Benefit case, Gargett v Lambeth London Borough Council [2008] which went to the Court of Appeal, Lord Justice Wall considered:

 In my view it remains an apparently non-eradicable blemish on our operation of the rule of law that the poorest and most disadvantaged in our society remain subject to regulations which are complex, obscure and, to many, simply incomprehensible.

Z2K will be appealing this decision.

If you have been affected by Housing Benefit Overpayments get in touch to see if we can help:

admin@z2K.org, 0207 259 0801

Success – our client finds work

In April, during the committee stage of the Welfare Reform Bill in the Commons, Kate Green MP spoke about one of our clients who had been unfairly sanctioned by his Job Centre. In this, sadly typical case, the Job Centre withdrew support because he attended training to help him find employment, rather than attend an appointment with them.

After Z2K’s involvement he thankfully had all his miss payments restored. Kate Green mentioned this case after a Guardian investigation had shown that DWP was setting targets aimed at withdrawing benefits from the most vulnerable claimants through duplicitous means. After the inevitable outrage the Department assured the public that such targets were no longer in place.

Lord Ramsbotham has tabled our amendment to Clause 113 of the Welfare Reform Bill to ensure that decision makers take full account of the facts of the case when deciding to impose sanctions in future.

For those wondering what became of our client, he has now found full-time employment in construction and hopes to start volunteering for Z2K in the future.

My Experience as an intern at Z2K

Our much valued ex-colleague Fatma wrote this piece about her time with us. We’d like to take this opportunity to thank her for all her hard work and wish her the very best with her future career.

 

My experience of being an intern at Z2K entailed learning to develop many skills in a short space of time. Although I only attended once a week I was able to get involved in casework and interviewing clients very early on in my internship. The guidance and induction packs set me off to a good start and I felt supported by the team at Z2K. I understood the purpose of the organisation and the importance of my role from the day I started.

The fact that Z2K is a very proactive and successful charity means that it can provide for all kinds of interns. As someone who is enthusiastic and enjoys taking on new challenges, I was able to get involved in a variety of interesting tasks. I had close contact with the volunteer coordinator which enabled me to discuss the types of tasks I wanted to become involved in.

An important aspect of Z2K is that every member appreciates the importance of working as a team. This is something I learnt and adapted to as an intern and I now value this skill as a personal attribute.

The warm and friendly atmosphere made my experience an enjoyable one and I recommend all budding legal students to intern at Z2K.