a reply to: andy06shake
My correspondence to them was as follows.
"Dear Mrs McColgan,
I am writing to you with the express purpose that you can find it in your heart to overturn the most heinous decision made against us regarding a
"Permission to Reside Request" regarding myself, my partner and children moving into my grandmothers home of 42+ years, ********** Avenue.
Coincidently this is where I myself lived for over 25 years.
My Grandparents both took ill in October of last year and unfortunately my grandfather passed away on the 25th October 2014. My grandmother then spent
14 weeks in the Victoria Infirmary where concerns for her health were so bleak that she was then moved into Rowan tree End of life care home where she
has spent the past 6 months. In that time my grandmothers health stabilised and after returning to the New Victoria Hospital and being reassessed it
was decided by the consultants and physiotherapy that she would be able to go home as long as care was in place for her.
My mother cares for my disabled brother and is unable to move in with my gran and my aunty cares for her husband who is an amputee so is also unable
to move in and be her carer, this leaves myself and my partner.
My partner has been my Gran's companion and friend for the past 11 years and in the past 3 years has become one of her many carers on a daily basis. I
suffer from my own health issues that means I would not be able to help care for my gran or even offer her emotional support on my own. My partner and
I have 2 children and we live in a 2 bedroom flat in ********(by your own associations definition we are already overcrowded), it would be detrimental
to both myself and my children should the family unit be split up if we cannot move into my Gran's house together.
My gran sleeps downstairs and has done for the past three years as she suffers from dementia and feels more comfortable downstairs. This leaves 3
bedrooms upstairs which my family would be able to utilise or two if for legal purposes a bedroom was required upstairs for gran.
According to the Housing Act 1985 Part X
328 "Exception:children attaining age of 1 or 10.
(1)Where a dwelling which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or ten, then if the
(a)applies to the local housing authority for suitable alternative accommodation, or
(b)has so applied before the date when the child attained the age in question,he does not commit an offence under section 327 (occupier causing or
permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to take action in the circumstances
specified in subsection (3).
As my oldest child is 8 at the moment the overcrowding is not an issue under Scots law.
If you have ever been in the property in question you would realise that there is ample space to accommodate both myself, my partner, my children and
grandmother with room to spare. The top floor of the house in question is the same size as the flat I reside in presently. To be quite frank I feel
that the decision made against us is based on bureaucratic mumbo-jumbo bordering on political correct gibberish that is in no way relevant to the
situation we face. Please realise that my grandmother is 90+ years of age having just lost her husband last year and is in tremendous need of our
support never mind the fact that she is approaching the end of her life and requires her family to be there for her. My grandparents took me in when I
was a few months old and has since then essentially been my surrogate parents for the 40 years I have been on this Earth. Please allow us to reside
with her during the time she has remaining.
I hope you can find it in your heart to make the correct judgement and allow both me and my family to return to my parental home thus making the time
my grandmother has left in this world more tolerable, possibly even bearable, rather than the living nightmare she will experience should she be
forced to reside by herself or in another care home.
We are well aware that this would be a special exemption on your behalf and we understand that this goes against your usual policies but I am inclined
to understand that in the past special circumstances have been taken into consideration and granted.
This is not about what some obscure law, that does not even apply to the situation or context, says; its about what's morally the correct decision to
Please do us the kindness of attempting to understand the obstacles we face regarding Gran's care and health conditions. This would be the best
solution all round for both me, my gran and my family."