A FAMILY with an autistic child have won a fight to remain in their States home. A tribunal overturned Housing’s decision to evict Charmaine and Bob Smith from their rented States house of 12 years because their combined wage exceeded the income threshold by a mere £28 a week.
The couple were desperate to stay because the upheaval would have been traumatic for their 12-year-old autistic son, Matthew.
‘It is a massive relief and a huge weight off our shoulders to find out we don’t have to move out,’ said Mrs Smith, 44. ‘I couldn’t believe it. We have been under so much stress over the last few months. We didn’t want it to go this far, but no one was listening to us and we had to be heard.’
Mr Smith, a packaging engineer, had taken involuntary overtime, which resulted in Housing’s decision.
The department argued that the Smiths were depriving a less affluent family of a place to live and refused to use discretion even though the couple have an autistic son.
Mrs Smith, who works for the Health Department and Social Services, said she wished that their case had set a precedent for other families in similar situations.
‘I hope it helps other people who receive threatening letters and are facing being kicked out of their home,’ she said.
‘There are so many things that are impossible to understand in these letters and I think they word it like that on purpose. You really need legal advice, but who can afford that? We’re so grateful to our advocate, Rachel Eeles, who represented us free.’
Mr and Mrs Smith approached legal firm Ozannes for help because legal aid does not exist for housing tribunals and the matter was too complicated for them to represent themselves. The law firm decided their problem merited assistance free of charge and Advocate Eeles took on the case.
She said she was only too happy to fight their cause.
‘There was a powerful association against ordinary people and they really needed someone to fight their corner,’ she said.
‘It’s a fantastic result for them and their son and satisfying for me because I felt very strongly about their cause. It was hard to get the relevant documents from Housing and they weren’t easy to interpret, so there was no way the couple could have done it alone.
‘Housing might contest the tribunal’s decision, but if that happens, I will represent them again in the Royal Court if they need me to.’
Article posted on 1st October, 2007 - 12.00am
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