Require guidance to defend ASBO to prevent homelessness - mental health issues involved

[Shelley181146]

I am trying to support someone who has learning and mental health issues.

 

Since the age of 5 years (diagnosed with ADHD) they have not received the correct diagnosis / medical treatment (medical records confirm another doctor questioned this and suggested Aspergers, albeit this was not followed up) and following a (non related situation) 10 years ago they were assessed by a Psychiatrist who diagnosed 'emotional unstable personality disorder' and whilst they recommended 2 years treatment, the treatment was never offered as the services recommended were not available in the  local borough. They have been back / forth between GP's and hospitals with no regular support from any other agencies, and have not coped with living on their own.

 

They were / are very vulnerable but with a higher than average intelligence, albeit they do not know how to use / apply it to maintain a job, or live in the community as society would expect.

They have struggled with the loss of 2 babies (forced adoption) and all the emotions that follow, without the proper counselling, support or monitoring of various agencies.

 

This can cause outbursts of shouting / screaming (which I don't condone) but they have been served an initial injunction to stay away from the neighbours', and a trial date is set for a few weeks time in a different part of the country, to which they are unable to get to on public transport, which if not defended appropriately the local council will look to repossess their home.

 

The ASBO team have not given the tenant the opportunity to make amends or provide a list of required improvements / timescales to adhere to, in an attempt to defuse the situation with a view to rehousing to a more suitable property / area with the right agency support in place.

 

1) What is the correct process for the local authority to adhere to when following up on ASBO complaints with a tenant? I thought they had a verbal warning, a written warning, along with a contract of things to be improved before applying to the courts (last resort).

 

2) They have very recently managed to access housing support (from the local council) and I note from the 'Notice of Trial' paper's that the judge has ordered "The overriding objective requires that the parties explore the possibility of compromise and that they seek to narrow issues. This should be undertaken at the earliest opportunity and not left until the trial is imminent".

 

Please can someone provide any guidance or legal process advice to enable me to assist.

 

Many thanks in advance.

 

 

Just  

[Shelley181146]

Things are serious now with the council having got access to information from over 10 years ago and are using this in their evidence (albeit, they say it's not relevant) they have used it in their documents.

Surely this is a breach of data, and as the vulnerable adult cannot gain access to legal representation via legal aid as its deemed to be a civil case, they will be unrepresented at court.

Will the judge allow this to continue, as they are unable to represent themselves.

 

Please, please, can anyone advise, support or point in the right direction.

Edited July 30, 2022 by Shelley181146