QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF MARYAN AHMED MAALI||(CLAIMANT)|
|LONDON BOROUGH OF LAMBETH||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR ROBERT LATHAM (instructed by Messrs J Gorringe & Co, London, SW9 8BN) appeared on behalf of the CLAIMANT
Crown Copyright ©
"A case will be considered for this group if the move is required for one of the following reasons:
• for medical reasons defined below
The council's medical adviser makes a judgment based on the effect an applicant's existing accommodation has on their medical condition, or that of a household member.
That judgment should not have regard to the council's ability to meet the housing needs of the cases prioritised. An urgent medical case is:prior.
• a household in which one or more members has a serious, possibly life threatening, illness or disability and whose housing circumstances are, in the opinion of the council's Medical Adviser, affecting their health affecting their health very severely..."
"I am writing with reference to your letter dated 2 August about Maryan Maali. I can confirm that Maryan suffers from asthma which has been particularly bad since April this year. She has been to the Surgery on 8 occasions since April with asthma symptoms and has required inhalers, nebulisers and oral steroids from time to time. She also had an attendance at the A&E Department.
As you are aware, she lives on the third floor with no lift and has three small children aged 3½, 2½ and 14 months. When Maryan's asthma is bad, it would be impossible for her to climb stairs alone, let alone with children or shopping.
I think that having to live on the third floor with no lift may well be exacerbating Maryan's asthma and affecting her general health and I think she would benefit from ground floor accommodation."
"She states that she goes to stay with a friend when her asthma is particularly bad, which is understandable because she would require assistance with child care. She could also fear being alone during a asthma attack with only the children to call on for assistance. If she was to move to a different property she may still seek out assistance and go to stay with a friend."
"This medical assessment includes all the above information which I believe gave me adequate information on which to base this assessment. In my assessment I am looking for an indication of the severity of the household's health problems and how their housing would effect their ability to carry out normal activities of daily living. In a case of asthma I am looking for indicators of severity of the condition, as a large number of the population suffer from asthma at varying degrees."
"An important factor in a person gaining control of their asthma is the need to exercise as increased lung capacity can improve lung functioning. The fact that Mr Maali has stairs to climb is actually a positive aspect to her gaining control of her asthma. Therefore, I did not consider this aspect of her current accommodation detrimental."
"Exercises that improve posture are helpful in maintaining good air exchange. Special deep breathing exercises can be taught to the patient so that elasticity and full expansion of lung and bronchial tissues are maintained. Some asthmatic patients have developed a protective breathing pattern which is shallow and ineffective because of the fear that deep breathing will bring on an attack of coughing and wheezing. They will be help in breaking this pattern and learning to breathe deeply and fully expand to the bronchial and lungs."
"Taking into account all the above information, and the fact that Doctor Saini stated that the exacerbation were intermittent, I do not consider the medical condition of this household to be of such severity to recommend emergency listing. The information given by Mrs Maali relating to her back problem does not indicate that she had been referred for any specialist treatment and a specific diagnosis made of these complaints. Back pain can be alleviated by analgesics of various strengths, although Mrs Maali does not indicate that she takes any analgesics for pain relief."