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    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
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Education, Bad Attendance due to ill health, and a Caution


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Hi all

 

Background

 

My 12 year old son has a condition called Sinusitis.

 

This is where he has severe Head aches, in the morning, gradually decreasing through out the day.

He has been off since late January.

He has been for a M R I scan to check his brain, all came back clear.

 

So now it has been referred too County, Missing Education and Child Employment department.

 

We have a meeting scheduled,on May 9th.

 

1- Has anyone been through one of these meetings and can Offer advise.

 

2- I have been informed that at the start of the meeting, We will be cautioned,

 

3- Do I have to accept this caution, ( I assume this is a caution the Police use )

 

4- Would it be prudent to Record the meeting, either covertly or in the open.

 

I would appreciate any advise as I have a feeling we will be stitched up.

all I want is a resolution, and help for my son.

 

Leakie

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Thread moved to Local Authority Forum.

 

Regards

 

Andy

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Hi all

 

Background

 

My 12 year old son has a condition called Sinusitis.

 

This is where he has severe Head aches, in the morning, gradually decreasing through out the day.

He has been off since late January.

He has been for a M R I scan to check his brain, all came back clear.

 

So now it has been referred too County, Missing Education and Child Employment department.

 

We have a meeting scheduled,on May 9th.

 

1- Has anyone been through one of these meetings and can Offer advise.

 

2- I have been informed that at the start of the meeting, We will be cautioned,

 

3- Do I have to accept this caution, ( I assume this is a caution the Police use )

 

4- Would it be prudent to Record the meeting, either covertly or in the open.

 

I would appreciate any advise as I have a feeling we will be stitched up.

all I want is a resolution, and help for my son.

 

Leakie

 

"Do I have to accept this caution, ( I assume this is a caution the Police use )" :

What sort of caution?

Caution as in an acceptance of guilt as an alternative to prosecution : you can decline and go to court.

 

Caution (for interview) ; as in "interview under caution" : where the caution is as laid out in PACE ("you do not have to say anything but it may harm your defence if you fail to mention ..... Something you later rely on in court" : you can't decline the caution but you can say "I wish to have legal advice ......"

If this is an interview under caution : speak to a solicitor prior to the interview!

 

If it is an interview under caution they should be recording it. You can do so too : tell them as there is no reason they shouldn't know and agree.

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Thanks for moving thread Andy,

was not sure where to post.

 

Honeybee

The only treatment he has been given is a mild antidepressant,

also paraceatanol and Ibuprofen

 

It has been diagnosed as Sinusitis , by the doctors, and we have been referred to a consultant,

we are still wait to hear from the hospital, when his first appointment will be,

we have been wait for 6 weeks now to get a date.

so no formal diagnosis until we see the consultant.

 

BazzaS

 

I have been told we will be cautioned at the start of the meeting,

so assume it will be an interview under caution, so if they decide, my son is not genuinely Ill

it would proceed further.

 

The school have been putting his absent as authorised absence,

But the letter we received have put it down as 1 month unauthorised,

between March 3rd - April 3rd 12 sessions 0 attendance.

Easter was in between.

 

The above has sent the alarm bells ring,

I can not prove his illness until he gets to see a consultant,

even then he may have recovered by that time,(have been told it could be June or July before seen)

 

I will ask to record for my reference.

 

Thanks

 

Leakie

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Hi old Codger

thanks for your interest.

 

The referral for a consultant, was sent beginning of March

2 weeks after referral I had a letter to contact a call centre to sort out referral.

nothing heard so tried to change the hospital but can not.

so just over 2 months,

I have been told could be June or July before being seen.

I have another son who has been waiting since January 9th to see a dermatologist, and still no appointment.

Same Hospital.

 

Leakie

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Well some one suggested Kids inspired could possibly help my son,

Have contacted them and possibly have 12 counselling sessions to come.

 

I have done everything I can for my son but just did not know where to turn.

School not a lot of help.

Just worried I may get stitched up.(£60.00 fine)

 

any advise would be appreciated

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Hi ericsbrother

 

Well had the meeting, and as you say it is all about attendance,

I recorded the meeting for my own reference,

 

They are going back to the Doctor to see if he is fit to go to school, if the Doc says yes then I will be fined.

The doc only think it is Sinititus, but have sent him to a consultant which will now not be until June.

 

The Doctors have suggested various pain killer but none have worked and the one's that would work, only the

consultant can prescribe, so catch 22

 

The school change the Authorised Absence to unauthorised with out informing me and to be honest it is bad 56.6%

There is no way I am paying any fine because I can see and the school has seen how ill he is.

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  • 2 months later...

Sorry for not updating

 

My Son has seen an ENT consultant, then referred to Brain consultant,

Looking like they are putting it down to Emotional Distress,

 

But this is still to be diagnosed, I am waiting for the letter from the consultant to the Doctor.

 

The school has now referred it back to MECE ,

They want me to prove he is not fit for school ,

 

How can I do that, I am not medically qualified.

the Medical side has now nearly taken 5 months!!

 

Family Solutions are now involved

 

So have been referred to what was CAMS

 

The lady said I could end up in court soon if my son does not attend or I can not prove his fitness.

 

Gettting to the end of my teather now just do not know which way to go.

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  • 2 weeks later...

Send your child to school with the splitting headache and wait at the gate for the inevitable call at 9:15 asking you to collect him.

After a few days they'll understand that it's not a fake illness.

Unfortunately with these fools you have to play their own game.

If you really want to screw them over one day don't answer the phone and they'll be forced to take him to a&e: Paper trail created.

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I have already done that,

 

#The school accept his is ill, apart from the doctor confirming it.

#this is the stumbling block. no proof.

 

But it is the council who are the one's I have more of a problem with.

 

All they seem to want to do is threaten me,

 

Lost count how many doctors and Hospital appointments he has had.

 

The main problem is no one with commit that he is fit for school or not.

as they are still trying to find out what is wrong.

Everything takes time, (so far 6 months)

 

The schools hands are tied with regards to school work, if he is not fit for school

he is not fit to do school work at home.

 

Looks like I will be invited to another meeting, (under caution again)

 

What would happen if I did not accept the caution, or refused to speak at the meeting.

 

Just want him sorted and back to school he has suffered with these head aches for so long now.

The doctor has only given him a mild anti depressant.

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  • 2 months later...

Update

 

Have another meeting at the school tomorrow, I think it will be under caution again.

 

Still waiting to be assessed by the mental health team looks like it will be in the new year before being seen.

Then if accepted another couple of months before he is helped.

 

Looks like a fine is on it's way,

It is something I will refuse to pay and take it though the system.

School have been no help

Will update again soon

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what about doctors notes in the meanwhile? you should have dragged him off down to your GP every day if necessary, you knew this was in the offing

The under caution bits are only so they may record waht you say and use it in evidence, this is not like a police caution offered as an alternative to prosecution so dont be confused.

You could remove you son from school and have him home tutored and that will end the matter, you may find a local group who share this responsibility. Basically it is the school rules you agreed to being brokena nd if he isnt at that school then it ends the obligations

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Hi Erisbrother

Thanks for the interest.

 

A bit of an update.

The meeting for last week was cancelled at short notice.

But we had a meeting today,

 

Well EWMHS (emotional well-being mental health services)have decided that my son has a problem and needs to have a gradual return to school.

 

So County Missing School Child working Services

have now closed the case,

The problem I had no one on the Medical side were prepared to commit themselves until they knew what was wrong.

 

But EWMHS decided this was the best way forward, even though, they have not assessed him, to see what the problem is!

 

Just seems like they were just going through the motions, and causing me a lot of distress in the process.

 

How can the know what the problems are until they have seen my son.?

 

So the main part is over for now, and hopefully he will get the help needed, the school have now change there attitude as from today.

 

These agencies seem more worried about following procedure than about helping my son with his issues.

more meetings to come , so will update as and when, it may be useful for other menbers?

 

Leakie

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  • 1 month later...

I hope that you are still making progress Leakie.

 

Just thought that I should suggest that you ask the medical people if allergies and migraines have been considered. Sometimes headaches can be caused by eating certain foods and bright lights. Thicker bedroom curtains and a change of diet may have no effect whatsoever but are worth thinking about. Questions must obviously keep being asked if there is something in the school or home environment that is causing emotional distress.

 

Well done to them for eventually noticing that there is a problem.:!:

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