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The Herald Scotland
24-05-2025
- Health
- The Herald Scotland
Council warned of law breach over failure to help toddler
She says she had already been forced out of the flat for over a week after he was found vomiting in his sleep and in danger of choking as a result of the damp and mould-ridden conditions in the flat at the end of January. Now she says she was forced out again to stay are her mother's after her son was again vomiting in his sleep. And a damning expert study has now condemned the council's failure to act to remove the mother and child accusing it of "unacceptable and unethical blaming of tenants" and warning that it face legal issues by not acting. It said: "The continued blaming of the tenants, rather than addressing the fundamental property defects and severe Indoor Air Quality issues, is unacceptable [and] unethical" while breaching the law on Scottish housing standards. The mother has told South Lanarkshire Council that she feared that her son, who needed urgent medical treatment, would suffer the same fate as Awaab Ishak the two-year-old who died over four years ago as a result of damp and mould in his home, which was managed by Rochdale Boroughwide Housing (RBH). Evidence provided to South Lanarkshire Council in the expert report (Image: NQ) Ms Ure's case has been credited with helping to force the Scottish Government to propose the introduction of new rules over housing standards which is being dubbed by some as Leighton's Law after her son. READ MORE: But the 28-year-old mother who has had the written support of her doctor for a move out of the flat saying that the toddler has "frequent attendances with respiratory tract infections" was told that the council that he is not a health priority for a move. But Ms Ure, who moved into the flat while pregnant three years ago says conditions are exacerbating her own asthma, and is upset that desperate appeals have fallen on deaf ears. Now a new expert study of conditions at the flat carried out at the end of April by Berwick-upon-Tweed-based indoor environmental group Healthy Homes and Beyond has warned that the council that the flat remains "unfit for human habitation" and that the family should be moved out. The study, supported by a mould and air quality analysis by Sporcyte and carried out by the group's director and founder Kristine Reilly-Blake makes what it described as an "urgent and immediate recommendation " stating: "South Lanarkshire Council must immediately remove the Ure family and place them in safe, accommodation. "The property is currently unfit for human habitation and poses an imminent and unacceptable risk to their health and well-being. " Evidence provided to South Lanarkshire Council in the expert report (Image: NQ) Ms Reilly-Blake, who began investigations as an independent damp and mould surveyor in the north east of England and Scotland after her eldest daughter had such a severe exacerbation of asthma it left her fighting for her life, added: "Continued exposure to these conditions is likely to result in further deterioration of Michelle's health and poses a significant and potentially irreversible risk of long-term respiratory damage to Leighton. Your failure to act decisively in light of this medical evidence would be a grave dereliction of your duty of care. "The cumulative and irrefutable evidence from my investigations, coupled with the documented medical evidence linking Leighton's illness directly to the property conditions, demonstrates a severe, ongoing, and deteriorating dampness and mould problem stemming from fundamental structural deficiencies and inadequate ventilation. "These conditions, which I have thoroughly documented, present a substantial, immediate, and unacceptable risk to the health and well-being of the occupants, particularly the young child, Leighton, and Michelle..." The study said that in addition to the "direct and acute health and safety concerns substantiated by Leighton's medical records" the conditions also raised "significant and actionable legal and regulatory issues". It says their examination shows "strongly and unequivocally" that the flat fails to meet the 'tolerable standard' test under the Housing (Scotland) Act 1987 in order to be fit for human habitation and requires that houses are free from dampness that is prejudicial to health. "This failure is particularly egregious given the documented and severe impact on Michelle's asthma and the direct link between the property conditions and Leighton's documented medical issues," the study said. Evidence provided to South Lanarkshire Council in the expert report (Image: NQ) It said the council should carry out a comprehensive indoor air quality investigation and remediation plan, carry out urgent comprehensive structural repairs and carry out professional and comprehensive mould remediation. And it states that there should be "accurate, transparent and ethical communication, adding that the council should "cease blaming of the tenants". The mother received an email from a council investigator at the end of January insisting there were no problems with the flat. South Lanarkshire Council had said it has been working hard to carry out alleviate any dampness issues and say the property has been "confirmed to be habitable". The mother denies this. The report has come as South Lanarkshire HomeFinder, a housing allocation system, run by South Lanarkshire Council told Ms Ure she could not be rehoused as a health priority adding that there was "insufficient need shown to demonstrate that your current home is medically unsuitable" and that issues over damp and mould would have to be address by a repairs team. Scottish Labour's housing spokesman Mark Griffin, who has been taking the case up with the council is sue to meet the mother and child today [Wednesday]. Sean Clerkin, campaign co-ordinator of the Scottish Tenants Organisation who has been supporting Ms Ure and has urged the council to act on the report. He told Stephen Gibson, the council's executive director of housing in a message: "In all my years of advocating for tenants and their issues this is the one that has affected me more than any other. Evidence provided to South Lanarkshire Council in the expert report (Image: NQ) "The two-year-old Leighton will die in this property due to the silent violence of your department against him and his family. "The boy will succumb and you will be responsible for his death unless you act now and remove this family to a new safe and secure home free from damp and mould. "You have been given fair warning time and again. South Lanarkshire Council are derelict in their duty of care towards this family in that you insist this family live in such intolerable conditions to the detriment of their health." Leighton's Law emerged after the Herald revealed more than 700,000 Scottish homes have been classed as not fit for habitation jn a new housing emergency - with 600,000 more properties registered as below a legal tolerable standard since the pandemic. Campaigners say that initial proposals are 'flawed' as they focus only on the social rented sector which comprises properties owned by councils and housing associations such as Wheatley. Official surveys carried out for the Scottish Government show that in 2023, the number of Scots properties falling below the 'tolerable standard' in order to be fit for habitation has shot up from an estimated 54,000 (2%) in 2018 to 729,000 (27%) in 2023. It is classed as a "condemnatory" standard which means that it is not reasonable to expect people to continue to live in a house that falls below it. Campaigners including the Scottish Tenants' Organisation and Living Rent have described the issue over housing standards and damp and mould in Scotland as a "public health crisis". A council spokesman said: 'This house has now been visited on numerous occasions by our own staff and by independent contractors, including a range of professionals who are highly qualified in property matters and environmental health. At no time has any of these experts found the property to be anything other than habitable. 'We have undertaken a range of actions to investigate the issues reported by Ms Ure, including dampness surveys carried out by a specialist contractor that identified no major issues. 'While some actions have been taken, including the fitting of thermal insulation to external walls and the upgrading of fans in the bathroom and kitchen, Ms Ure has refused to allow us to install a new ventilation system that would further improve air quality. 'Ms Ure has also been repeatedly provided with advice on how to prevent condensation and dampness in the home. 'While Ms Ure's request for a housing transfer has been based in part on the suggestion that her son's health is being impacted by conditions in the flat, we have been presented with no evidence that this is the case. There appears to be no such evidence in the reports commissioned by Ms Ure either. 'However, a further inspection of the property has been arranged that will take place in the next few days.'
Yahoo
18-03-2025
- Health
- Yahoo
Plan to make landlords fix mould in social housing
New measures are being introduced in Scotland to make it easier for social housing tenants to have damp and mould in their homes fixed. The Scottish government plans to amend to the Housing (Scotland) Bill to give ministers the power to impose repair deadlines on landlords. The move comes in response to the Awaab's Law campaign, named after two-year-old Awaab Ishak who died from mould exposure in Rochdale in 2020. The Scottish bill, which follows similar changes in England, was introduced in March last year. The new amendments are due to be debated next month. The bill was announced at a time when a number of Scottish local authorities were declaring housing emergencies. In 2022, a coroner concluded toddler Awaab Ishak had died from a respiratory condition caused by exposure to mould in his home. His father, Faisal Abdullah, had repeatedly raised the issue with Rochdale Boroughwide Housing (RBH) but no action was taken. Campaigners demanded reforms and the previous Conservative government carried out a review of guidelines on mould. Changes to the law in England, via the Social Housing (Regulation) Act, received royal assent in July 2023 - this included new measures on damp and mould, which would be known as Awaab's law. Awaab's father said he hoped legal changes would "stop any other family going through the pain that we went through". The Labour government announced last month that strict timescales on landlords to fix mould issues would be enforced in England from October, with other changes being rolled out in phases. Law to make social landlords fix mould in force from October Boy's death caused by mould in flat, coroner rules How dangerous is black mould in the home? Social Justice Secretary Shirley-Anne Somerville said: "Everyone in Scotland deserves the right to live in a warm, safe and secure home, free from disrepair. "We already have a strong set of rights and standards that have been improving in Scotland. "However, these measures will go even further and give power and confidence to tenants that any issues identified will be repaired in a timely manner and do not have a detrimental impact on their health." Currently landlords in Scotland have to meet the Scottish Housing Quality Standard (SHQS) - this requires housing to be free from rising or penetrating damp, to have satisfactory ventilation and meet minimum energy efficiency standards. According to Shelter Scotland, landlords should fix damp and mould issues "in a reasonable amount of time" - but what counts as reasonable depends on the circumstances. Exact timescales for landlords to fix these issues could be enforced if the Housing (Scotland) Bill is passed. The Scottish government has not yet said what these deadlines might be. The bill would also introduce longer-term rent controls for the private sector and place a duty on local councils to carry out assessments on the state of private accommodation in their area. However the Scottish Association of Landlords (SAL) previously told BBC Scotland the legislation would exacerbate Scotland's housing crisis.
BBC News
18-03-2025
- Politics
- BBC News
Awaab's law: Plan to make landlords fix mould in Scottish housing
New measures are being introduced in Scotland to make it easier for social housing tenants to have damp and mould in their homes Scottish government plans to amend to the Housing (Scotland) Bill to give ministers the power to impose repair deadlines on move comes in response to the Awaab's Law campaign, named after two-year-old Awaab Ishak who died from mould exposure in Rochdale in Scottish bill, which follows similar changes in England, was introduced in March last year. The new amendments are due to be debated next month. The bill was announced at a time when a number of Scottish local authorities were declaring housing emergencies. What is Awaab's Law? In 2022, a coroner concluded toddler Awaab Ishak had died from a respiratory condition caused by exposure to mould in his father, Faisal Abdullah, had repeatedly raised the issue with Rochdale Boroughwide Housing (RBH) but no action was demanded reforms and the previous Conservative government carried out a review of guidelines on to the law in England, via the Social Housing (Regulation) Act, received royal assent in July 2023 - this included new measures on damp and mould, which would be known as Awaab's father said he hoped legal changes would "stop any other family going through the pain that we went through".The Labour government announced last month that strict timescales on landlords to fix mould issues would be enforced in England from October, with other changes being rolled out in phases. Social Justice Secretary Shirley-Anne Somerville said: "Everyone in Scotland deserves the right to live in a warm, safe and secure home, free from disrepair. "We already have a strong set of rights and standards that have been improving in Scotland."However, these measures will go even further and give power and confidence to tenants that any issues identified will be repaired in a timely manner and do not have a detrimental impact on their health."Currently landlords in Scotland have to meet the Scottish Housing Quality Standard (SHQS) - this requires housing to be free from rising or penetrating damp, to have satisfactory ventilation and meet minimum energy efficiency to Shelter Scotland, landlords should fix damp and mould issues "in a reasonable amount of time" - but what counts as reasonable depends on the timescales for landlords to fix these issues could be enforced if the Housing (Scotland) Bill is Scottish government has not yet said what these deadlines might bill would also introduce longer-term rent controls for the private sector and place a duty on local councils to carry out assessments on the state of private accommodation in their the Scottish Association of Landlords (SAL) previously told BBC Scotland the legislation would exacerbate Scotland's housing crisis.
Yahoo
09-02-2025
- Politics
- Yahoo
It was a tidal wave of anger that turned to action - then it went quiet. We can't wait any longer for Awaab's Law
Once the truth had been uncovered, a roar of anger was unleashed that lawmakers couldn't ignore. People up and down the country were rightly horrified that a toddler could die after breathing in rancid, toxic mould at a social flat in 21st century Greater Manchester. The fact that his parents had pleaded for help, time and time again before it was too late, broke hearts across the nation. The days that followed Awaab Ishak's inquest were a whirlwind. While politicians of all stripes demanded change at Rochdale Boroughwide Housing, the landlord responsible, tens of thousands backed our call to make sure Awaab's story could not be repeated. READ MORE: I tried six bottles of supermarket budget whisky - there's one that was excellent READ MORE: B&M's £2.29 exclusive product is my new favourite It was a tidal wave that began to feel unstoppable. Nine days on from Awaab's inquest coming to an end, then-Housing Secretary Michael Gove visited Rochdale and told me he would look at introducing Awaab's Law. Seven months later, I sat with Awaab's father in the House of Lords, as his son's name rang around the chamber - and his legacy was secured. Awaab's Law will set strict timeframes for social landlords to fix and repair health hazards, including damp and mould. His death shouldn't have happened, but Awaab's legacy will save other lives. So it is disappointing that two harsh winters have passed since that day - at a time when so many people are struggling to heat their homes - and tenants are still yet to benefit from Awaab's Law. This week the Government made its first significant announcement on introducing Awaab's Law since it was mentioned in the King's Speech. The first measures will be introduced in October this year. It's a huge step in the right direction. But there is still much more to be done. Last January, the Government launched a consultation to get feedback on how Awaab's Law would work. A response was expected to follow which confirmed the timescales landlords would have to stick to when inspecting and repairing damp and mould hazards. But the response never arrived before the election in July. Labour came to power with a promise to extend Awaab's Law to the private sector - a move the M.E.N. welcomes - but it failed to get the original law working, before a winter which has brought sub-zero temperatures. Now we know it will be another eight months before Awaab's Law measures start to be introduced. The Government says emergency hazards will have to be resolved in 24 hours, or landlords could be taken to court. But we are still waiting for clarity on the timescales landlords must follow when inspecting and repairing damp issues which are not considered the most severe emergencies. It also remains to be seen how severe a problem will be before it meets the threshold for 24-hour action. Awaab's Law will then be extended to cover other hazards - such as excess cold, structural collapse and electrical risks - in 2026, before the law covers an even wider range of issues in 2027. When the changes are implemented, Awaab's Law will go much further and be more powerful than the original campaign intended. But the pace of change has felt turgid in the last 18 months. Shelter, which campaigned alongside Awaab's family and the M.E.N., notes that the previous Government had intended for Awaab's Law to come into force by autumn 2024. Angela Rayner, Mr Gove's successor, told MPs that Awaab's Law should progress 'as quickly as possible'. This must be a top priority for the Government - we have already waited long enough.
Yahoo
06-02-2025
- Politics
- Yahoo
Social landlords forced to fix dangerous mould from October under Awaab's Law - as charity criticises 'delay'
A law to force social landlords to investigate and fix hazards within a set timescale will be phased in from October, the government has announced. The legislation is named after two-year-old Awaab Ishak, who from a respiratory condition caused by prolonged exposure to mould in the social home his family rented in Rochdale, Greater Manchester. Politics latest: The tragedy sparked after an inquest heard how action to treat and prevent the mould was not taken - despite the boy's father repeatedly raising the issue with Rochdale Boroughwide Housing (RBH). In response, the then Conservative government pledged to introduce Awaab's Law to hold social landlords to account, with Labour vowing to implement and extend it to the private sector if they won the general election, which they did last July. Setting out the next steps, Deputy Prime Minister and Housing Secretary Angela Rayner said it will come into force in the social rented sector from October this year. It means social landlords will be required to address damp and mould hazards that present a significant risk of harm to tenants within fixed timescales. The timescales were not set out in Ms Rayner's statement. A consultation under the Tories had proposed forcing landlords to investigate the problems within 14 days, and fix them within a further seven, but it is not clear if this will still be the case - with more details expected later down the line. Ms Rayner said that from October 2025, social landlords will also have to address all emergency repairs, whether they relate to damp and mould or any other hazard, as soon as possible and within no longer than 24 hours. What happens after 2025? From 2026, the requirements will apply to a wider range of non-emergency hazards beyond damp and mould, including excess cold and excess heat, falls, structural collapse and fire, electrical and hygiene hazards. Then in 2027, the requirements of Awaab's Law will expand to the remaining hazards as defined by the Housing Health and Safety Rating System (excluding overcrowding). This includes issues like keeping a property secure against intruders, inadequate lighting and exposure to noise. 'Delays put people at risk' Ms Rayner said the phased approach "in no way means that social landlords have any leeway" when it comes to meeting their existing duties to keep tenants safe, amid criticism from housing campaigners. She said the sequencing is required so protections to damp and mould can be introduced earlier than would be the case if the government sought to apply Awaab's Law to all hazards from the outset. But Polly Neate, chief executive of Shelter, said: "Four years after Awaab's death, and nearly two years after the Social Housing Regulation Act received Royal Assent, today's announcement means social housing tenants will have to wait years longer for this vital protection. "These delays to implementation represent a real risk to the health and safety of tenants, and puts lives at risk." Awwab's Law follows campaigning from his parents, who said they hoped it would stop other families going through what they did. There are widespread issues with damp, mould and disrepair across homes in England, which are in the worst condition of all European countries while being more expensive to buy, Complaints over social housing increased by over 300% in 2024, while almost half of private renters , Sky News has previously reported. Read More: It is not clear when Awaab's Law could be extended to the private sector, as promised in Labour's manifesto. The government said this will be done through its which is currently going through parliament. Ministers are also consulting on a new Decent Homes Standard, which sets minimum standards for the condition of social homes, and will separately legislate to require social landlords to carry out electrical safety checks and appliance inspections.
