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In August of 2003 I reported a case of statutory overcrowding where
there were 4½ people living in a two roomed flat. The Housing
Act 1985 reports that a two room flat is sufficient for three people.
The landlords at the time, London Borough of Waltham Forest, had
permitted this situation to continue for many years and I reported
that in 30 years experience of investigating housing complaints I
could not recall a case where a property was 50% overcrowded. Only
two months later I was asked to inspect a flat in Hackney and there
the tenants were also 50% overcrowded.
It is true that the evidence above cannot be claimed to be scientific
or prove a case that overcrowding is increasing however in the
1970's, when I qualified, I saw cases of missing amenities, shocking
homes in multiple occupation with kitchens on landings etc and
sharing of amenities but overcrowding was rare and quickly remedied.
I recall a case in Harlesden where a landlord wanted the council to
rehouse a family that he considered was overcrowded by ½. To see
overcrowding by 50% above a standard that was adopted in 1936 was
unusual. Now it appears that Housing Authorities are either prepared
to accept gross overcrowding or are powerless to do anything about it.
Overcrowding is prejudicial to the health and well being of the
occupants for the following reasons;
1) It increases the risk of the spread of communicable diseases. The
country is seeing an alarming increase in T.B. There are various
factors involved in this spread including anti-biotic resistance. It
should not be forgotten however that T.B. is a disease of
overcrowding and is not that infectious. Where there are overcrowded
conditions, however, it can quickly spread through a family.
2) Increase the risk of accidents. Overcrowded homes generally have
little room for storage, beds are cramped together with minimal floor
space, the risk of trips and falls increases.
3) Increase the risk of sleep disturbance. Most families seem to keep
a room clean for recreational or living purposes. This means that
often there can be up to five people sleeping in one room, in these
situations it is likely that if one person cannot sleep the whole
family cannot sleep, with an obvious increase in family tension.
4) Reduce the opportunity for young people to study in peace and so
inhibit educational progress. There is a general public acceptance
and regard for, fairness, and equality of opportunity.
Children in non-overcrowded families have a head start over children
in overcrowded families in the attainment of educational achievements
5) Inhibit the development of young children as there is a lack of
play opportunities. It was once suggested to me in court that this is
not important with houses with gardens however, a child often has to
play indoors when weather is bad or there is no-one to supervise
them. In an overcrowded house there is no space to get out the play
bricks, paint or plasticine
6) Reduce the opportunity for persons to obtain the solitude required
for quiet reflection. This may be considered controversial but when
there are four or five people in a two roomed flat it seems to me
that the occupiers would want, on occasions, somewhere to get away
from the other family members.
It seems to me that the law, as it stands, offers little prospect of
remedying overcrowded situations, especially if the local authority
themselves will not enforce the powers that it has. Is it possible
that overcrowding is a matter that should be considered under the
Human Rights Act, especially the provision with regard to respect for
family life?
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