We represented two young autistic brothers, by way of their litigation friend who was their mother, in a housing discrimination case. The family was living in severely overcrowded private rented housing, with three fewer bedrooms than required, despite the council’s recognition that both autistic children needed their own bedrooms. The inadequate housing situation was severely impacting the children’s medical needs, forcing them to share their parents’ bed. They were already in Band 2 of the housing waiting list due to their urgent medical need to move.
We requested the following reasonable adjustments to the family’s housing waiting list account:
- That the family be placed in Band 1 of the council’s housing waiting list under the statutory overcrowding rules as the statutory overcrowding provisions do not account for medical needs requiring extra bedrooms.
- That they be placed on the direct offer waiting list.
- That the council waive its local lettings rules. These rules ensured a significant proportion of new-build council housing went to those who already lived in local council housing. Information requests demonstrated that the local lettings rules disproportionately affected the availability of four-and-five-bedroom council homes - which families with autism are more in need of due to their frequent need for extra bedroom allowances.
The council initially refused all requests. We obtained expert psychiatric evidence demonstrating the group disadvantage of autistic people in housing, as their impairments frequently necessitate additional bedroom space, ground-floor accommodation, and access to a garden.
As we prepared to issue a discrimination claim in the County Court, the council conceded one of the requests and placed the family on the direct offer waiting list. The claim was then issued for the purpose of compensation and to pursue a waiver of the local lettings rules. The council then quickly offered to place the family in Band 1 (the highest priority band) as part of the settlement.
Our client was represented by Solicitor, Luke Sheldon, with Stefan Liberadzki of 42 Bedford Row instructed as counsel.
