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Violent Neighbour


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I live in a ground floor studio flat owned by the council and nearly a month ago the upstairs tennant(directly above my flat) chased my husband with a knive. We called the police who arrested the neighbour and sectioned him.

 

I have been to the council where my housing officer did a risk assessment though one has not been carried out on my property. I have got in touch with everyone I can think of from my local paper who came round to my local councillor but still we are still in the property.

 

We go to the police this Friday so they can do a risk assessment against the neighbour and to see whether we will be safe in the property, but I know we won't and no one seems to care.

 

The housing officer said that without the police saying he is a high risk they cannot do anything.

 

I saw the neighbour this morning, I don't think he stayed here last night as I didn't hear him out and he is out at the moment. No one let us know he was released or that he was coming back, and from what I heard this morning he still seems to be talking to himself.

 

Hope someone can help.

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Hi

 

Sorry to hear about the problem you are having with council housing

 

first thing first and very important as you say you saw this tenant this morning and werent informed of his release have you informed the council and the police that you saw this tenant and fear for your safety and why were you never warned.

 

I would also be writing a Formal Complaint to the councils Chief Executives Office explaining what has happened todate and your concern for your own safety and the lack of assistance from them. (Check your Tenancy Agreement for anything relating to antisocial behaviour which this would come under and quote that section in your letter)

 

Also ask in the letter if the council have an Antisocial Behaviour Team who and where can they be contacted

 

I would also request copies of the following documents

 

Complaints Procedure

House Letting Policy

Antisocial Behaviour Policy

 

Housing Associations and Council Housing have different ways of dealing with moving tenants houses in special circumstances and thats why you need to see a copy of there House Lettings Policy as that will have it in there somewhere.

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Depending on what section of the Mental Health Act was used, normally the ind can only be detained for 72 hrs. The Council (LL) can do nothing in the short-term. They are undertaking a risk assessment etc. The Police cannot act unless the ind starts threatening you.

A shock to see him/her at large. Best advice - try to avoid all contact. Cold comfort I know.

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Can I just clarify something - if somebody is sectioned, the timeframe is between 6 hrs and several months. There is no 'usual' timeframe. It all depends on who has sectioned the person and which section was used.

 

Hope this situation is sorted out quickly for you x

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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England and Wales

 

The Mental Health Act of 1983 provides special legal provision for those people with a mental disorder who are a danger to themselves or others, and who refuse to accept treatment that they require. This is because that they have little or no insight into their psychiatric condition. The decision to section a person with a severe mental health disorder involves an expert psychiatric assessment. The psychiatrist works in conjunction with social workers, general practitioners, mental healthcare professionals and the person's relatives in order to meet the legislative requirements of the Mental Act Health. A decision to section an individual is not undertaken lightly and indicates an illness of some severity. There are a number of different sections of the Mental Health Act. A number of these will be described:

Compulsory admission to hospital can be achieved through sections 2, 3 and 4.

  • Section 2 allows compulsory admission for assessment or assessment followed by treatment. It can last up to 28 days. It is the most common way for people to be detained,
  • Section 3 allows compulsory admission for treatment. It can be for up to 6 months, and may be renewed for a further 6 months, and after that 12 monthly,
  • Section 4 allows admission in an emergency and lasts up to 72 hours. It can be converted to another section (usually section 2) if circumstances require.

After discharge from compulsory hospital admission (section 3) some people with severe mental illness will be on section117 aftercare. This means that the local authority and the social services are placed under a duty to provide the person with any aftercare services that the person is assessed as needing.

 

Not aware of 6hr detention period!

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A 6hr detention period is a mental health nurses holding powers. I know about it as that's what I am.

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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If the police have sectioned this man, chances are they've used a 136 to a place of safety. That, as far as I can remember, doesn't have a specific time frame. It's just a power to remove someone to either hospital or police station.

 

We don't know exactly who attended this incident so it's all supposition at the moment. The point of my original post was to let the OP know that just because somebody gets sectioned doesn't automatically mean they are gone for a particular amount of time.

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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Sorry I haven't replied to the post, been so stressed with it all.

 

He is out now, was released last week. He came to my door on Sunday asking us to tell 'them' to stop bothering him, I told him I didn't know what he was talking about, didn't open the door just spoke to him through it, don't think he is on medication, and if he is, it's not working. Heard him say f off back to your own country this morning, there was no one outside and sure he wasn't on the phone, he also knocked on the door on Monday and when my husband didn't answer, he went outside and kept pressing the buzzer.

 

Am just so stressed with it all, am on anti depressants. Went to the police and they said as he was sectioned, it is no longer a criminal matter, so they cannot do a risk assessment.

 

Had quite an encouraging call from a lady from the anti social team at the council and she was saying that he sounds like he is a high risk, and that they will arrange a meeting with the mental health team etc, but my housing officer who I saw yesterday said that we will also have to attend the meeting, is this right?

 

The lady has now received the risk assessment from the housing officer and is now trying to get a report from the police.

 

I am so worried that because the neighbour wasn't charged with a crime, they may feel that he is no longer a risk, and we are safe, but we're not, he can change at any time, even now, he is in and out of his flat in what seems an agitated state, and talking to himself, so I think it is only a matter of time before he tries something again.

 

Was hoping that we would be placed on band 2, after I got the call, but now am not so sure.

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Hi

 

Now the call you had from the Lady from the AntiSocial team and them what the Housing Officer said is very questionable.

 

1. I would contact the lady at the Anti Social Team and ask why your Housing Officer informed you will have to attend this meeting as this was never explained to you and why do you need to attend and is this for mediation?

2. I would stiil put a Formal Complaint in the Councils Chief Executive Office about this as it Council Housing.

3. Keep everything in writing and log every little event that happens with this individual even him knocking the door ringing the buzzer the more written evidence you have of this individual actions will help.

4. If you are worried or concerned for your safety thats what the Police are for keep pestering them with calls followed up by reporting to the council you contacted police and why.

(Please remember every time you call the police its logged so when the council ask then for confirmation its there in black and white more evidence and they will get sick of it and its also more evidence for yourself).

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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  • 2 months later...

I had actually forgotton that I had posted this thread, so just an update, I am now on band 2, and bidding on properties. Am hoping to view a flat very soon, so fingers crossed.

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