This is a follow-up to the previous blog, "I have to bring Declan back to hospital". Declan is back to updating his complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights. Paragraph 30 of this new complaint deals with the termination last January of our Jobseeker's Allowance by the Department for Work and Pensions; paragraph 31 concerns a flat offer we first heard about back in January that has yet to materialise; and paragraph 32 records that yesterday afternoon Charing Cross Hospital refused to put in writing that Declan was diagnosed on 14 April with asthma and a chest infection - earlier in the day Haringey Council refused him temporary accommodation on the grounds that he did not have a priority need because his medical condition was manageable on the streets!
30. On 7 January 2014, the applicant and his wife enrolled in a three-month rolling winter night shelter programme for rough sleepers run by the West London Churches Homeless Concern (WLCHC). Two days later, on 9 January, they turned up at Barnsbury Jobcentre of the Department for Work and Pensions to sign on for Jobseeker’s Allowance only to be told that the applicant’s joint claim had been terminated. Neither the applicant nor his wife has ever been issued with a letter of termination with or without appeal rights, and on 22 January the applicant filed a claim in the High Court for judicial review against Secretary of State for Work and Pensions Iain Duncan Smith on the ground of procedural unfairness (see Annex …). It is especially noteworthy here that the applicant has provided the court with substantial evidence that in late 2013 he was twice sanctioned on a new claim for jobseeker’s allowance that he never made. The applicant has yet to hear back from the High Court; however, on 21 January, the day before he lodged his case with the Court, he and his wife were approached by a WLCHC caseworker about an offer of a flat for them made by the Single Homeless Project (SHP) that would be paid for by housing benefit if they could produce two employment contracts amounting to £6,000 per annum.
31. Following a donation from an American benefactor, on 5 February 2014 the applicant and his wife presented the SHP with two signed 12-month £3000 employment contracts as employees of Network for Church Monitoring that were due to commence on the next working day after they moved into suitable accommodation. The SHP then told the applicant and his wife that they must first come up with two payments each under contract before the Clearing House, a lettings service run by Broadway, would have a housing association flat for them paid for by housing benefit. This was a very big ask indeed, since it effectively meant that the applicant and his wife had to be at least one month suitably employed on the streets before Broadway would nominate them for a property. Then, on 26 March, having satisfied this requirement, the applicant and his wife were informed by the SHP that the Family Mosaic Housing Association had a flat for them in the London Borough of Newham but they could neither view the flat nor make a housing benefit claim for the property for at least three weeks because their SHP caseworker is on annual leave until 23 April. Consequently, the applicant and his wife have again been street homeless following the closure of the WLCHC night shelters on 13 April.
32. On the night of 13 April 2014, the applicant and his wife’s last night with the WLCHC, the applicant was seriously threatened by another rough sleeper in an unprovoked attack (crime reference number: 6007292/14), and this notwithstanding that he had complained in four open emails to WLCHC Chairman Rev Brian Leathard about being kicked awake in the middle of the night on five separate occasions – twice in one night. The next morning, on 14 April, after providing the Metropolitan Police with a statement and photograph of the suspect, the applicant attended Charing Cross Hospital and was diagnosed with asthma and a chest infection. He attended the Royal London Hospital the following night, the discharge summary stating: “Was assessed and advised to continue with current treatment, but if situation worsening to reattend as chest infection could worsen to pneumonia. If possible should try to find accommodation off the street.” Nonetheless, the following day, on 16 April, Haringey Council refused the applicant temporary accommodation on the grounds that he did not have a priority need because his medical condition was manageable on the streets. Later that day, for his request for a review of the decision that he did not have a priority need, the applicant requested confirmation of his diagnosis in the first instance from Charing Cross Hospital but was told by the head of the emergency department that he would not only have to wait at least two weeks for a discharge summary, but he would have to pay £50 for a document the Royal London Hospital issued upon request free of charge (see Annex …). Fortunately the applicant’s discharge summary from the Royal London Hospital also states: “Diagnosed with asthma and a concurrent chest infection on 14th April at first attendance to Charing Cross Hospital”. As a result, on 17 April, the applicant requested a review of Haringey Council’s decision that he does not have a priority need (see Annex …). The applicant has yet to learn from the Council whether he will be forced to submit an application to the High Court for a judicial review into their decision to refuse him temporary accommodation.
Asthma is a chronic, or life long, disease that can be serious - even life threatening. This is Declan's email this evening to the head of the emergency department at Charing Cross Hospital:
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As Declan points out in paragraph 32 above, when it came to his request this afternoon for a review of Haringey Council’s decision yesterday that he does not have a priority need, he was fortunate this discharge summary from the Royal London Hospital specifies that he was diagnosed with asthma and a concurrent chest infection on 14 April at first attendance to Charing Cross Hospital:
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