My family have been victums of assult by our the man next door. He is still living there and now my 9yrs?

Question

my 9yr old son who has autsum is noe suffering from flash backs, anxitey attacks that bring his astham and post traumatic stress disorder. This has been dignosised by a psycologist. The housing assosation want move this tenant but new he was a manic deprsive when they put him next door to a me and all my 3 children suffer disabilities. Can my son sue the housing assosiation for degligence

sorry iment negligence. The case is going to court and my son has to be a witness.

ps i live in scotland and would need like to know a good lawyer to take on my case

Answer 1

Hi Allyn,

My heart goes out to you. I am not sure which country your in, but there should be some services, that can advocate and assist you, in your situation.

1. Get a full report on your sons current diagnosis, including the new diagnosis of post traumatic stress disorder. And that of your other children's disabilities. Paediatrician and Psychologist's.

2. Contact your local Parliamentarian and explain every thing to them. Take in medical reports with you and if you have had to have police attendance to your home, and you had to make a report, then take a copy of these too.

3. Contact disability support services, and see if they could also advocate for you.

4. If you ever feel threatened or your children are genuinely frightened then call the police. Don't be worry about being a pest to them, its their job, and they have to protect you and your children. Assault is a chargeable offence, and MUST be reported.

5. Contact police community support (if they have it) and ask for help.

6. Given that this man has a Mental Health Issues, some one should be assisting him too, so he can assimilate into the community, with out being a hindrance to any person either physically/verbally or other.

I sorry I can not offer you more information I am limited due, my being Australia, and I have no idea where you are.

Good luck

I am a qualified Youth Worker and Carer of young people with disabilities including some mental health issues. And a mother of a young person with ADHD, ODD and Dyslexia. (Attention Deficit Hyperactivity Disorder, Oppositional Defiant Disorder

Answer 2

Manic depressives have to live somewhere. Unfortunately, in this case, it is next door to you. You seem to know quite a bit about your neighbour, for example that he has been diagnosed as a manic depressive - or is this just an assumption? Given that you live in Scotland, you should, if you intend to consult a solicitor, contact the Law Society or citizens advice bureau or legal advice firm.

It appears from what you say that the Housing Associaiton want to move this person and, hopefully, in the fullness of time, this will happen.

What do you hope to achieve in suing your landlord? The reason i ask is that litigation can be costly and time consuming. You may not succeed and place yourself under greater stress as a result.

However, you do not specify the nature and seriousness of the assault? Was he arrested, tried, convicted? Do the medical expert/s attribute the assualt to the problems now being suffered by your son? You sould also bear in mind that your neighbour suffers a disability also.

You can bring an action on behalf of your son as he is a minor however seek legal advice and i am sure that you will then realise the best course of action. Good luck to you.

Answer 3

Yes! you need to talk with an attorney as soon as possible, the longer you wait the worse it could become. If don't have the up-front cost for a Attorney nor the ability to pay $200 an hour, click the link below. This service provides you access to an entire Law Firm in your State 24/7. You can call and talk to an Attorney at anytime, day or night and ask as many questions as possible!

Once you click the link, click on step one to view an online presentation about the benifits of this service. There is so much that you get with this, It take me all day to type it out. The best part is that is costs only $26.95 a month and with one plan it covers your entire family, with no contract. Included you get Identity Theft protection as well.

Hope this helps.

Answer 4

Well to start with, I can't see how an American Attorney can help when you live in Scotland, or indeed American law. DUH!

For a case to be successful you would have to show that the Housing Association was negligent in that they should reasonably have known or should have known that this person was a danger to children. You must also show that they had a duty of care to you.

At minimum this person is probably guilty of a battery. as defined in Section 39 of the Criminal Justice Act which makes this a police matter. They should be your first port of call.

Good luck.

Answer 5

I don't know about Scottish Law but I think you should collect together ALL paperwork and correspondence between you and the housing association regarding this man.

Copies of the police reports concerning the various assaults - and a record of the convictions - if any - of your neighbour concerning these assaults.

The go and seek legal advice.

I would HOPE that the housing association have a DUTY OF CARE and if they are aware of all these problems - and that these are caused ONLY by this neighbour - then I think their lack of action is disgraceful. However, you must be prepared, that if you and your kids have done anything to provoke him, this will be brought up to.

Good Luck.

Answer 6

WOW! That's some story. Your poor son. I don't know what the laws are in Scotland but here in the U.S. you would be able to get a restraining order against him as well as get him to pay for any and all therapy your son would need as well as be reimbursed for any medical expenses you have incurred as a result of this man's actions.
I don't know what your housing association by-laws are but I would seriously look at the residency requirements and see if there is anything in there you could use to your benefit.
Barring all that; I am sad to say that you may have to move to another place in an effort to protect your child. I don't believe you should have to do that but when it comes to our children sometimes we just have to do what is necessary to keep them safe.

Answer 7

Hi,with the case going to court you must have been to the police.
Have you got ctizens advice in Scotland as they will help you to get a solicator,if not what about getting social services involved.
I hope your son gets over the trauma & Goodluck with your case.
Have you asked the housing people to move you,yes I know this
not right however if it protects your children I would ask or demand to be moved.

Answer 8

in short no, you nor your son can sue.
you should have had several meetings with your association managers in order to sort these issues out long before it has gotten to this stage. you could contact your anti social behaviour team at your local council, even though you are not a council tenant. you should aslo have been offered the services of a community mediation service. allthe above should have been done before the court stage, unless there are other issues you havent covered here.
the best people to contact would be the housing charity, shelter, based in edinburgh, glasgow and dundee or at last gasp, the govan law centre. if you live in perth and kinross, contact me at the Homeless Advice Centre in perth.

Answer 9

Citizen's Advice Bureau

Answer 10

You should have gone to the police - but go see a solicitor and then I would definately complain to the housing association and tell them that you will sue them for negligence which will be further compounded if they fail to take immediate action.
Nobody should have to suffer like this