Save Our Homes at Hilltop Drive , Rye.
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/ #332015-08-20 23:10These residents have a legal right to consultation under their tenancy agreements and Orbit's adopted policies. This consultation must be undertaken at a formative stage; i.e. before final decisions have been taken in order that tenants have reasonable opportunity to shape and influence decision-making. Orbit's failure to properly consult contravenes the Regulatory Framework of social housing regulator the Regulation Committee of the Homes and Communities Agency. Orbit is in further statutory breach by its failure to give 'due regard' to the needs of older, disabled etc residents by conducting equality impact assessments or similar appraisals of the impact of closure on individual tenants. This is in express breach of Orbit's public sector duties under s149 of the Equalities Act 2010. Orbit is a public body under this Act because it performs similar functions to housing associations already determined as such by the courts - see the landmark Court of Appeal judgement in Weaver -v- London & Quadrant 2008 and numerous subsequent judgements. Further, Orbit appears to have contravened its statutory responsibilities to maintain this listed building with implications for its lawful disposal. In addition,. Orbit should have a decant strategy containing provision for tenants to appeal the closure. Finally, Orbit has a statutory duty - if the worst comes to the worst - to pay home loss payments (£4,700); to ensure tenants are not required to accept smaller accommodation; as well as a responsibility in line with best practice in the sector, to pay removal costs, carpets, curtains, mail redirection and so on. Orbit should be thoroughly ashamed of their shoddy treatment of its tenants and held publicly accountable for its actions. I would strongly urge campaigners to invite a 'responsible person' (MP, councillor) to complain to regulator the HCA that residents are suffering 'serious detriment' as a result of loss of legal rights to consultation and proper impact assessments; loss of homes and community, and various protocols of the Human Rights Act. Finally. I urge campaigners to consider bringing their plight to the attention of 38 Degrees, a campaigning 'people power' organisation with literally millions of members who could bombard Orbit, Amber Rudd, the HCA, Housing Minister etc with a mass of protest emails and a huge boost to your petition (100,000 signatures ensures a parliamentary debate. Good luck guys from someone who endured the same thing when Amicus Horizon booted out a wonderful sheltered housing community at Willow Glen, St Leonards and refused to consult us or assess the impact on some very vulnerable older and disabled people. Sadly, many lovely people paid with their lives. . . |
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