Court date for warden cases
At least 40 court cases linked to the removal of wardens from sheltered housing schemes can go ahead following a Supreme Court decision to block an appeal against a ruling that housing associations are public bodies for some purposes.
The cases, brought by solicitor Yvonne Hossack against a number of councils and housing associations, were awaiting a ruling on London & Quadrant’s appeal against the decision made in its case with tenant Susan Weaver.
A judge will now consider the L&Q ruling before handing down his judgment in the first of the cases, a ruling in judicial review of Circle 33’s decision to end the services of a resident warden in Eastbourne, Sussex.
The other cases, which were also on hold pending the L&Q ruling, can now be judicially reviewed. Ms Hossack said the cases were likely to be issued in December.
The legal team would like to argue both on the point that the landlords are public bodies providing a public function and also that removing warden services mentioned in contracts or tenancy agreements could break the law on unfair contract terms.
Two of the pending cases, against Portsmouth and Barnet councils, concerning current or planned reductions in warden services are due to be heard in the High Court in early December.
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Readers' comments (4)
jan Howlett | 22/11/2009 2:22 pm
I am a Scheme Manager and we have a meeting this wednesday 25th to tell me and the Residents what is happening, I have been told by higher Management it is happening but told me nothing else, I am devistated, absolutely, i have turned this Scheme round for the better,in the 3 years i have been here,all Residents say they will fight to keep me as they have never had it so good, they feel secure when i am there, they join in with social events which i organise for them, they say they cant imagine the place without me, i fear for them if i go,as the security of the building will not be under control and it will go back to how it was before i came, it took me along time, and alot of hard work to get the scheme as it is today, residents will get depressed and stay in their flats, they wont feel safe, they wont have events going on,they will get ill, some of them will move, I just wish i had a big enough house to accomodate them all. I am so angry they are taking my job away from me when i have been told regulalry what a wonderful job i am doing,and i know because i put my all into it, i am dedicated to it and i am very loyal to my Employer and to my Residents, how ca n they replace me with a Floating Support Worker?? whay shouldnt they have to ask us managers first if we want to do it. That way at least we might be able to accept what is happening a little better, I want to fight this along with my Colleagues. any help would be welcome.
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teddy mcnabb | 24/11/2009 10:28 am
Jan, as a sheltered housing resident in northampton, we fully understand the position of our great wardens who have now been forced, to "float" [ a tick box exercise] the wardens like the residents were not consulted , "for obvious reasons" by those abusers of power at northampton borough council.
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despair | 02/12/2009 8:13 pm
hi i feel for the tenants, a new manager has come in, to the almo, restriced us to tied tenacies, new contracts, new working practices, no protection but paying full rent, all we get is lip service, nothing is written down, tenants have given up, i feel if they adopt a 3 tier care scheme some will not want to have the service they need to save money, i don't want to find a body because there was no-one there whom they could knock on the door, and know we would help, some don't like using the cords and many are well into their 80's i suppose we can bury their mistakes
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Joe Halewood | 10/12/2009 10:20 am
Its being reported that "Judge rules in the 'Joan Garbet' -v-Circle 33 Judicial Review
Judge said: That their decision to remove the warden service
was unlawful for failure in consultation.
They were contractually entitled to a resident warden service. "
The above report is in the breaking news section of shelteredhousinguk.org and if correct is a major achievement that is to be very warmly welcomed.
Anyone know any more on this?
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