HOUSING ASSOCIATIONS CASH IN ON GRENFELL TRAGEDY

The latest housing association scandal is probably the worst so far. Notting Hill Housing and other ‘registered providers’ delayed the permanent rehousing of Grenfell survivors while they held out for a £40m deal with Kensington and Chelsea Council to pay them for doing what they’re supposed to do – house people at social rents.

One household explained to members of the committee against the Notting Hill housing/Genesis merger what happened. They were offered a flat by Notting Hill Housing. But NHH wanted more than double the £90 rent they had been paying K&C for their Grenfell flat. The £200 rent that Notting Hill Housing demanded is well above a social rent. Even though a solicitor became involved, NHH refused to budge.

Kensington and Chelsea, on some estimates the richest borough in the UK, can afford £40m. In June 2017 their budget surplus was £274m. Because public housing is off the agenda of wealthy Tory councils, and plenty of Labour councils too, especially in London, K&C found themselves in a tight corner. They had no housing to offer Grenfell survivors. They weren’t about to requisition any of the 1,652 private and housing association empty properties in the borough either, so they had to turn to housing associations for help.

The deal went through in late September, according to K&C Labour Councilor Monica Press. On 17th September, three months after the fire, 2 survivor families out of 150 were reported to have moved into permanent accommodation. On 29th Sept, the K&C website said that 53 offers of permanent accommodation had been accepted.

This heinous delay is still happening.

It would appear that modern housing associations, like Notting Hill Housing and other ‘registered providers’, view the Grenfell Tower tragedy primarily as an opportunity to maximise profits by putting the squeeze on RBKC, attempting to ruthlessly exploit the K&C Council’s total lack of preparedness for the major rehousing headache it is now faced with.

[All content courtesy of HARA (October 12, 2017) and Gemina Tronix, Westway23]

http://haresidentsaction.org.uk/

http://haresidentsaction.org.uk/uncategorized/housing-associations-cash-in-on-grenfell-tragedy/

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KCTMO – BREAKING NEWS ON AGM

The Board of the TMO have today agreed to recommend a motion to adjourn tonight’s AGM.

The advice of our solicitors is to attend the meeting if you are eligible to vote and to vote for the adjournment.

This is a significant victory given the TMO’s previous reluctance to adjourn!

Urgent Barristers Advice on TMO AGM

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KCTMO – CHAOS AND INCOMPETENCE STILL RULE

From: Shamik Dutta
Sent: 15 October 2017 17:15
To: ‘companysecretariat@kctmo.org.uk’
Subject: KCTMO AGM 17 October 2017 – urgent attention required
Importance: High

Dear Madam,

We write further to the letter of 13 October 2017, on behalf of clients represented by Bindmans LLP and Bhatt Murphy solicitors, which raised a number of concerns of both procedure and substance concerning the Annual General Meeting scheduled for this Tuesday, 17 October 2017. We again write on behalf of clients of both Bindmans LLP and Bhatt Murphy. We have copied in Bindmans LLP and also those representing RBKC.

Over the weekend, upon our 13 October letter being sent to you and then publicised (inter alia in The Guardian), we have learned that at least one resident Member of the TMO who is also a survivor of the fire at Grenfell Tower (a Bhatt Murphy client XXXXX previously resident at XX Grenfell Tower) has not received notice of Tuesday’s AGM. It appears to us that this may be a result of the fact that notice is typically given by post, but those who lived both in Grenfell Tower and the Walkways blocks surrounding it have been evacuated and are in temporary accommodation including in hotels. We are, to say the least, surprised that in the circumstances you have not been more diligent in ensuring that notice was properly received by all members, in particular victims of the fire. We are taking steps to establish how many Members have not received such notice. XXXX will attend the AGM on 17 October and we trust you will accept this email as formal notification and that there will be no difficulties in his attendance and participation in the AGM being facilitated?

In our view, in light of these circumstances, any resolution passed at Tuesday’s AGM will be invalid. As you ought to be aware, s.301 Companies Act 2006 provides that a resolution is only passed validly at a general meeting if notice of the meeting and the resolution is given, inter alia, in accordance with the company’s articles and Chapter 3 of the Act.

Under Article 14.3 of the Articles, notice must be given in writing either by post or in electronic form at an address notified to the TMO by the relevant Member. In light of the above, the TMO is obviously aware that Members who were formerly resident in Grenfell Tower and the Walkways might not receive such notice (and to the extent necessary, we will contend that you had consequently been constructively notified of the ineffectiveness of notice at those addresses under Article 14.3). Consequently, notice has not been validly given.

To the extent that you seek to rely on the saving provisions of Article 14.5, our position is that that article is inapplicable. The reference to ‘non-receipt of notice…by any person entitled to receive notice of the meeting’ is qualified by the word ‘accidental’ which appears at the beginning of that sentence. In light of the points made above, you have obviously been (at best) reckless as to the requirement to give notice, and consequently such non-receipt cannot sensibly be considered ‘accidental’.

In light of the above, our clients would be entitled to a declaration of the invalidity of any resolutions voted on at the AGM, and an injunction restraining you from carrying out the same. If you insist on refusing to adjourn the meeting, there will be an inevitable increase in costs and trauma for those seeking appropriate redress and accountability for the TMO.

In light of the above we invite you to confirm that (1) at the outset of the AGM on Tuesday, the Chair will put to a vote a motion to adjourn the AGM for 21 days under Article 20.3; (2) the Chair will recommend such an adjournment to those present and voting. Failing such confirmation being given by 3pm on Monday 16 October 2017, we reserve our right to seek injunctive relief from the High Court prior to the AGM to restrain you from conducting the meeting.

In the event that there is no adjournment for any reason, we seek a further undertaking that you will not put into effect any of the Resolutions for at least 28 days to allow our clients sufficient time to seek further legal advice and apply for appropriate redress from the court.

We look forward to hearing from you urgently both in response to this email and our letter of 13 October.

Regards,

Shamik Dutta
Bhatt Murphy
10 Tyssen Street
Dalston
Tel: 020 7729 1115
Fax: 020 7729 1117

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KCTMO – THE NEED TO SAVE THE TMO (FOR NOW)

Many of our readers may already know, there is to be a KCTMO AGM on 17 October and RBKC is proposing to end the modular management agreement (MMA) with KCTMO. A resolution is also being proposed, with the support of RBKC and the TMO, that RBKC becomes the sole member of the KCTMO.

These proposals are reflected in ordinary resolution 5 and special resolution 6 which are due to be voted on at next week’s AGM of the KCTMO (or on-line) and which all residents with voting rights  (ie members of the KCTMO) should have received in their AGM voting packs. Many local residents and many others elsewhere in the borough are members of the KCTMO and have the right to vote at the AGM.

Legal advice has been sought  to determine the best advice to local residents on how to vote and whether the vote should be postponed. Whilst we all want to see the end of the KCTMO and a way of ensuring residents have control over the future management of their homes there are the following concerns about the resolutions:

1)   We understand that a motion calling for an adjournment of the vote on the resolutions was filed in time and in accordance with the relevant rules. It appears that it was nevertheless rejected by the KCTMO and was not sent out to members. We understand it will be proposed again on the day of the AGM

2)  We understand that the venue for the AGM may have changed but formal notice of this change hasn’t been sent out.

3)  If RBKC becomes sole member of the TMO there are concerns that:

  • The TMO might cease to exist as an organisation and therefore might not be subject to prosecution for corporate manslaughter;
  • If the TMO no longer exists liaison with the Inquiry, including on important matters of disclosure and witness participation and attendance, could be undermined.
  • Additionally, the TMO might not exist as an entity capable of being sued in civil proceedings for its acts and omissions prior to the Grenfell Tower fire;

Crucially, all of these matters could prevent or undermine (a) the TMO being held accountable in relation to the fire and (b) prevent or undermine the search for the truth through all available legal avenues.

4)  In any event, even if the TMO were not wound up, RBKC would have sole control over the manner in which the TMO interacts with the Public Inquiry and other criminal and civil justice processes including requests for disclosure.

It is unclear why there is any need for haste in making a decision on this and a vote could be adjourned to allow for more information to be provided and further legal advice obtained.

A letter from two of the legal firms representing many of the bereaved, survivors and others affected by the Grenfell Tower fire has been sent to RBKC and the TMO. The letter supports postponement of the vote and seeks further information about the procedures adopted for the AGM and further assurances and clarification from RBKC that voting against the resolutions won’t – inevitably – result in the TMO being wound up.

Strange as it may seem we need, at least temporarily, to postpone any vote that could lead to the TMO’s management agreement being cancelled and the TMO being wound up!

We can only accomplish that if enough people actually vote the way we want at the AGM and vote to adjourn the meeting so the status quo is maintained with the TMO remaining in existence.

WE URGE ALL THOSE WHO ARE KCTMO MEMBERS TO EXERCISE THEIR VOTES TO ADJOURN THE AGM!

17 10 13 Bhatt Murphy and Bindmans letter to RBKC on AGM_1_Redacted

17 10 13 Bhatt Murphy and Bindmans letter to KCTMO on AGM_1_Redacted

Motion to postpone voting

NEWS UPDATE  – AGM CHANGE OF VENUE

The AGM will be held at the Great Hall,  Town Hall, Hornton Street, Kensington, London, W8 7NX.

Time and date remain the same, 6.30pm 17th October.

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Translations – Coping with Stress Following A Major Incident

The NHS leaflet, “Coping with Stress Following a Major Incident” contains important information on recognising the signs of PTSD, with helpful guidelines on recognising such signs in children. Thanks to pressure from Health Watch CWL, this leaflet has been translated into 14 languages. It represents, for the first time, a recognition by Public Health England that a need exists for multi lingual trauma related literature. We believe the material below is a good first attempt at making this kind of literature available for public use. Today we are pleased to be able to provide translations of official guides aimed at helping victims of traumatic events to recognise the signs of depression and/or PTSD, with helpful information on basic self help for all those so affected.

English – http://hereisthetranslation.com/wp-content/uploads/2017/07/Coping-with-stress-following-a-major-incident-English-Language-leaflet.pdf

اُردُو | Urdu – http://hereisthetranslation.com/wp-content/uploads/2017/07/coping-with-stress-following-a-major-incident-urdu.pdf

فارسی | Farsi – http://hereisthetranslation.com/wp-content/uploads/2017/07/coping-with-stress-following-a-major-incident-farsi.pdf

বাংলা | Bengali – http://hereisthetranslation.com/wp-content/uploads/2017/07/x-coping-with-stress-following-a-major-incident-bengali.pdf

عَرَبِيّ | Arabic – http://hereisthetranslation.com/wp-content/uploads/2017/07/x-a-coping-with-stress-following-a-major-incident-arabic.pdf

Wikang Tagalog | Filipino – Pagkontrol sa stress pagkatapos ng isang malubhang insidente

magyar | Hungarian – Megbirkózás a stresszel egy nagyobb, negatív esemény után

русский язык | Russian – Преодоление стресса после серьезного происшествия

af Soomaali | Somali – Wax ka qabshada welwelka dhacdooyinka weyn ee soo socda

español | Spanish – Hacer frente al estrés después de un accidente grave

italiano | Italian – Affrontare lo stress in seguito a un grave incidente

limba română | Romanian – Cum să faceți față stresului după un incident major

हिन्दी | Hindi – http://hereisthetranslation.com/wp-content/uploads/2017/08/NHS-Trauma-Leaflet-AW_HINDI_LR.pdf

français | French – Gérer le stress après un incident grave

Português | Portuguese – Lidar com o stress após um incidente grave

Guidance from the Royal College of Psychiatrists

One of the most helpful resources available on the internet, regarding self help and analysis, is the royal college of Psychiatrists. There are a number of resources available, on Grief, Depression and PTSD.

پښتو | Pashto – Depression: دیپرشن یا ژور خبګان
پښتو | Pashto – PTSD: یا روحي ضربه څه ډول وي

A comprehensive set of resources available:

español | Spanish – Información sobre salud mental en español

français | French – Le Therapie Cognitivo-Comportementale (TCC), La Dépression : les faits essentiels, Le Deuil: les faits essentiels

Język polski | Polish – Informacje na temat depresji i zespołu stresu pourazowego

русский язык | Russian – Информация: душевное здоровье

Türkçe | Turkish – Depression: Depresyon
Türkçe | Turkish – NHS Coping with Panic Attacks:  Panik ve fobiler Kişisel gelişim kılavuzunuz
Türkçe | Turkish –  NHS Coping with stress and worry: Stres ve endişe Kişisel gelişim kılavuzunuz

اُردُو | Urdu

رائل کالج آف سائیکاٹرسٹس کی طرف سے ذہنی صحت کے بارے میں اردو میں معلومات

بص±¾صZ | Japanese –  Z°و‚±‚±‚ë‚جŒ’چNƒKƒCƒh

हिन्दी | Hindi – मानसिक स्वास्थ्य के विषय मे हिन्दी मे जानकारी

فارسی | Farsi – Depression: افسردگی
فارسی | Farsi – PTSD: اختلال استرسي پس از حادثه يا
فارسی | Farsi –  Bereavement: سوگواری

বাংলা | Bengali – Depression:

http://hereisthetranslation.com/wp-content/uploads/2017/07/x-rcp-depression-leaflet.pdf

বাংলা | Bengali – NHS, Coping with Panic Attacks:

http://hereisthetranslation.com/wp-content/uploads/2017/07/x-11-draft-panic-attack-2012-bengali-final1.pdf

বাংলা | Bengali – NHS, Coping with Depression:

http://hereisthetranslation.com/wp-content/uploads/2017/07/x-10-draft-depression-2012-bengali-final1.pdf

বাংলা | Bengali – NHS, Coping with Stress and Worry:

http://hereisthetranslation.com/wp-content/uploads/2017/07/x-12-draft-stress-and-worry-2012-bengali-final1.pdf

عَرَبِيّ | Arabic:

http://www.rcpsych.ac.uk/healthadvice/translations/arabic.aspx

PLEASE SHARE THESE LINKS WITH EVERYONE YOU KNOW WHO HAS ANY CONNECTION TO THE GRENFELL TOWER DISASTER – ESPECIALLY THOSE FROM OTHER COUNTRIES OR CULTURES WHO MAY BENEFIT FROM THE TRANSLATIONS SERVICE

ALL MATERIAL COURTESY OF:

http://hereisthetranslation.com/

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LOST IN TRANSLATION

So here is the second installment in this series intended to publicise the fabulous new translation facility refered to in our last blog. As stated in that first blog you can access these translations of documents which may be important to survivors of the Grenfell Tower fire, whose first language is not english, and who may struggle to fully understand the detail of the legal and other documents, that may be helpful and perhaps of great importance to them.

Currently the translations exist in; Somali, Arabic, Hindi, Bengali, Spanish, French, Italian, Polish, Romanian, Hungarian, Portuguese, Tigrinya, Turkish, Tagalog, Russian, Japanese, Urdu, Pashto, Amharic and Farsi.

It is our understanding that other languages can be accommodated if there is a demand for them. We also understand that the creators of this service are hoping to produce a series of podcasts, perhaps in video format but more likely audio files, for those who may be unable to read their native language very well but may benefit from hearing the spoken word. Please share this information as widely as you can, particularly with any survivors you know who may benefit from this service.

Please remember also that all this material is available directly from;

http://hereisthetranslation.com/

We are very honoured in the Grenfell Action Group that the providers of this service have chosen, as their first collaboration with us, to feature one of our own more recent blogs and that they intend to translate a series of significant blogs from our site for future publication:

KCTMO – FOI double talk and double standards

KCTMO – FOI ሁለት ወሬ እና ባለሁለት አይነት የህግ ትግበራ

KCTMO – Hadalka Labba Afka ah iyo Miisaanka Kala Duwan ee FOI

KCTMO – Evasivas sobre la Libertad de Información y doble rasero

KCTMO – FOI double langage et normes à deux vitesses

KCTMO – FOI tra ambiguità e incoerenze

Administrator lokali dla Kensington i Chelsea (KCTMO) – rozbieżne komunikaty i podwójne standardy ws. dostępu do informacji

KCTMO – FOI Vorba cu Două Înțelesuri și Standardele Inegale

Kensington és Chelsey bérlő menedzsment szervezet (KCTMO) – információszabadságról szóló törvény Halandzsa és Kettős Értékrend

KCTMO – Discurso ambíguo e dois pesos e duas medidas para a liberdade de informação

KCTMO – FOI ዕጽፊ ዘረባን ዕጽፊ መለክዒታት

KCTMO – Bilgi Edinme Özgürlüğü Hususunda Laf Kalabalığı ve Çifte Standart

KCTMO – Dobleng Usapan at Dobleng Pamantayan

Свобода информации или двусмысленные речи и двойные стандарты управляющей организации Кенсингтона и Челси

KCTMO – FOI दोहरी बात= एवं दोहरे मानदंड

KCTMO – FOI ি/চািরতা এবং 6/ত ব(বহার

KCTMO-FOIのはぐらかしと⼆重基準

کے سی ٹی ایم او ۔ ایف او آئی کی دہری بات اور دہرے معیارات

دوه ګوني خبري او دوه ګوني معیارونھ KCTMO – FOI

شركة كينغستون وتشيلسي لإدارة شؤون المستأجرين – حرية
المعلومات: الكلام المزدوج والمعايير المزدوجة

– (KTCMO) سازمان مدیریت مستاجرین کنزینگتون وچلسی
جملات دوپھلو و استانداردھای دوگانھ آزادی اطلاعات

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