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Ruling joy in fight for wardens at Burnley sheltered housing
2:40pm Thursday 16th July 2009
CAMPAIGNERS in Burnley have heralded a Court of Appeal decision in their fight to restore wardens to sheltered housing complexes.
Housing landlord Calico is adamant that wardens are not required at its sheltered premises across Burnley and Padiham.
But this has been disputed by residents at Viking Place who insist the move will leave tenants feeling vulnerable and isolated.
Now protesters have taken heart from a major court case, centred on the issue, which they say supports their contentions. An action was brought by sheltered housing residents in Eastbourne over plans by housing association Circle 33 to remove wardens at complexes in the Sussex town.
Court of Appeal judges have now ruled that such registered social landlords can be held to account, under human rights legislation, as public bodies.
Burnley campaigner Pat Knights, of Manchester Road, says the verdict is an important milestone in their fight in East Lancashire.
She said: “Until now registered social landlords have been hiding under the misrepresentation that they are private companies, so they cannot be challenged under human rights legislation.”
Lawyers involved in the East-bourne case have now given notice to landlords across the UK that they could face legal action unless they reinstate wardens.
Campaigners in Burnley have also welcomed the prospect of an upcoming BBC Panorama docum-entary on sheltered housing.
Calico has replaced a live-in warden with a support worker who attends premises at alloted times during the week.
The decision has already been welcomed as a ‘major victory’ by Vernon Yarker, chief executive of housing charity Shelter.
Mrs Knights added: “I suspect that the housing providers who do not wish their residents to have ‘rights’ will appeal against this, to the House of Lords.
“But we have still scored a major victory at this stage of the proceedings.”
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STILL FIGHTING: Viking Place resident Audrey Hartley and Ivy Harris, of Woodbine Garden, pictured last year during the ongoing campaign for wardens
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vernony, UK National web-site says...
5:25pm Thu 16 Jul 09
The residents of Burnley have put up a very good fight and it is right that they should have some reason to rejoice 'at last'
.As they say the facts are
As a resident in an RSL (OR RPs in todays language) They had no opportunity to challenge their housing association under the Human Rights Act until the 'Weaver. case came before the High Courts Of Justice , Administrative Division. Justice Richards held that RSLs fulfill a public function and there are subject to the human rights act. The London and Quadrant Housing association appealed against this decision and once again the ruling was upheld. A consortium has now backed London and Quadrant to bring it for appeal before the House of Lords. But, they should be aware if that fails then the residents of Sheltered Housing will take it to the European Court of Human Rights.
Effectively as a result of these cases residents have had lost a part of their human rights , then because of Weaver regained them. Only to be held in obeyance because L&Q had appealed. The appeal gave residents back the lost rights. But, the further appeal to the House of Lords have sent residents rights into obeyance again. If the Lords rule against residents then they will lose that part of their Human Rights yet again, but if Europe rules for residents they will regain the lost human rights. If you think this whole thing is hogwash then you are probably 'right'. The reason RSLs do not want residents to have Human Rights is because it will make the job more difficult for RSLs and some nebulous statement about not being able to borrow money so cheaply. The probably reason the Government do not wish RSLs to be declared to be public companies is because there is a danger that the massive borrowings of LSVTs may show up in the PSBR
Anyway the battle goes on there is to be a protest by residents and their supporters outside of Parliament in Parliament SQ at 12.30 pm on the 22 July. Also JOAN BAKEWELL will hand in a letter to No 10 on that day. Help the Aged will be in attendance as well as 'probably' BBC Panorama, they cannot confirm until Monday. A programme was also made for broadcast on BBC Politics Today show to have been broadcast on last Sunday at 11 am , but the BBC could not find a minister who would come on the programme, so we take that to mean that the campaign has got them rattled and do not know which side to back . News letter no 4 is out if readers go to the website also a letter to Ian Austin MP , at the DCLG
Trades unions are also beginning to back the campaign and few MPs are breaking ranks .
On August 26th a lady is going to stand on the plinth in Trafalgar Sq in aid of Sheltered Housing.
A few months ago nobody would have said that the elderly would not fight back against this vicious piece of skulduggery.( Taking into account that the majority of residents are old and suffer many of complaints that beset the elderly then they are vulnerable and it may be regarded as 'elder abuse' to ride rough shod over their rights) But, they are coming out in their hundreds and thousands now .
Well done and well done Burnley who started fighting before most even realised what was happening
Sincerely
Vernon J Yarker
Chairman
The Sheltered Housing UK Association (SHU)
www.shelteredhousing uk.com
mailbox@shelteredhou
singuk.com