Advocating for Accountability: Push for Homeowner Rights and Legal Recourse during protest at Almond Housing and West Lothian Council

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On May 14, 2024, scores of local residents gathered in protest outside the headquarters of Almond Housing, demanding answers regarding the Reinforced Autoclaved Aerated Concrete (RAAC) scandal. This issue has caused financial ruin and insecurity in a community that was once confident and thriving.

Craigshill, one of the most deprived areas in Scotland, has been particularly affected. Residents have expressed frustration over the lack of communication from Almond Housing, which has provided little information to tenants and nothing at all to homeowners impacted by the RAAC scandal.

Karen Chappell, a homeowner in Craigshill, shared her experience, revealing that she was never contacted by Almond Housing Association about the RAAC issue. She explained what happened:

"I only discovered the presence of RAAC in my ceiling and its potential to collapse through neighbors who shared anecdotal information," said Karen Chappelle. "I joined the protest because I want to find out if our houses are safe and can be repaired. I have serious concerns that our cohesive community will be torn apart. All homeowners and tenants want is a fair deal and appropriate financial support, whether that comes from Almond Housing or the Scottish Government. We need that help.

"We believe the government is responsible for convincing us to buy these homes under their right-to-buy scheme, and that Almond Housing sold us properties built with cheap, substandard materials. Moreover, we paid for homebuyer reports and were not informed about the RAAC, despite these surveys."

You can hear Karen Chappell and Hannah Chowdhry discussing these issues at an earlier protest and deputation on May 14 at West Lothian's Civic Centre. Their interviews are featured in a news segment produced by West Lothian News, here:

Earlier in the day, Wilson Chowdhry had arranged a deputation to a Full Council Committee, joined by Ashleigh Mitchell from Craigshill and Kerry Mackintosh, who had battled for 18 years for a home in Deans South. Wilson Chowdhry also participated in the deputation. You can watch several clips from the deputation below, starting with Ashleigh Mitchell:

Next up was Kerry Mackintosh;

Finally, Wilson Chowdhry delivered his deputation, although he was unable to finish within the allotted time.

We'll not write about the content of these 5 addresses as you can read full transcripts (here).

It should be noted that Kerry Mackintosh requested a road to be named Joe Baxter Way at the end of her speech, in honour of a homeowner rights campaigner who died in April, just a month before he would have moved into the new home he thoroughly deserved.  You can still sign our petition (here).

Ashleigh, Kerry, and Wilson then summarized their deputations. Mr. Chowdhry reiterated the request to name a road in honor of Joe Baxter.

At the end of his summary, Mr. Chowdhry requested a written response detailing the outcomes of the deputation to be sent to all homes. He also called for a mental health needs assessment, highlighting a discussion on suicides that occurred just before the deputation to underscore the community's deep needs. Unfortunately, both requests were ignored in the subsequent discussions.

During the ensuing 30-minute question and answer session after the summaries, Councillor Damian Moran kindly asked Mr. Chowdhry to complete his nine points of requests to West Lothian Council. Although some councillors seemed inclined to deflect responsibility for the RAAC crisis affecting homeowners who had bought homes built by the former Livingston Development Corporation, stating that the council had no responsibility for them, Mr. Chowdhry reminded them that these homes had been sold to residents under a Right-to-Buy Scheme. He emphasized that these schemes had been promoted and signposted by local councils, which also provided advice clinics.

At the time he did not mention, however, that any houses built by the Livingston Development Corporation would have been constructed under the auspices of the Scottish Secretary of State, who approved every project—a very relevant detail.

One councillor highlighted that properties built by the Livingston Development Corporation (LDC) and now managed by Almond Housing Association fall under the latter's responsibility. Almond Housing Association was established in 1994 to ensure continuity in housing services following the LDC's wind-up. However, he failed to mention that the homes in Craigshill and Deans South were originally constructed by the LDC in the early days of Livingston's development as a new town. The New Towns Act established development corporations to create new settlements and prevent urban sprawl. These corporations, functioning as arms-length management companies for the government, built and established new towns with heavy government subsidies and legal borrowing limits. They were eventually decommissioned under later New Towns Acts.

While the assets and liabilities built in Scotland became the responsibility of local councils, in some cases, housing services and potential liabilities for certain homes were transferred to housing associations. Determining the exact liabilities and responsibilities for homes sold by councils and housing associations is complex. Therefore, for the council to claim they have no responsibility would be outrageous. Mr. Chowdhry reiterated the local authority's responsibility to protect its citizens. Fortunately, the majority of councillors ignored this attempt to deflect responsibility for assisting homeowners and council tenants in estates managed by Almond Housing.

Some councillors were helpful, explaining that attempts were being made to challenge the Scottish Government to assist homeowners. However, Mr. Chowdhry questioned the extent of these efforts. Questions about correspondence between the UK RAAC Campaign Group and the Scottish Government seemed disingenuous, as the fact remains that the Scottish Government has not responded to any emails or letters sent. Mr. Chowdhry is pinning his hopes on the assured response to letters submitted with a petition that garnered over 1,300 signatures. These letters were delivered to both St Andrew's House and the Scottish Parliament following the protest on Saturday, May 11, and a subsequent visit, aiming to gain more clarity on the government's stance on the current situation.

You can watch the Q&A session between Wilson Chowdhry and West Lothian Councillors here:

It was heartening to receive a positive response from Councillor Damian Doran-Timson, who expressed support for naming a road after Joe Baxter. He was the only councillor to openly endorse this tribute.

West Lothian Councillors then had a Q&A session with Housing Officers, where the Buy-Back Scheme was a common theme. It seems that West Lothian Council is taking a different approach compared to Aberdeen City Council by deciding to keep the scheme open during the crisis. They are not labeling homes with RAAC as high risk and have essentially stated that property values would not be significantly affected as a consequence. A test case would be helpful to determine how genuine the Council is with this offer, although they noted that no RAAC homeowner has applied to sell their home to the council through the scheme. However, there was concern that the council has a finite budget and could not buy back all the existing RAAC homes.  

Councillor Damian Doran questioned officers on whether they had taken up an invitation to meet with the Government again regarding the RAAC crisis, and it was agreed that this would be done expediently.

One councillor complained about the lack of attendance or contribution from Almond Housing Association at the meeting. Another councillor asked whether the council had assessed other properties following the Deans South crisis in 2004, suggesting that such an assessment could have potentially prevented the situation Ashleigh Mitchell found herself in. Many houses in Deans South were condemned, and homeowners were shamefully given a fraction of their home's value, often receiving figures like £18,000 for properties previously valued at £110,000 before the crisis.

Housing and Development Manager Officer Marjory Mackie attempted to deflect blame, claiming that the initial concern was about crumbling walls, which later extended to roofs. She stated that West Lothian Council had no other concerns at the time and described the situation as unique. This response overlooked the fact that Mrs. Mitchell had been sold a property made entirely with RAAC, a point she had clearly identified in her deputation.

There was a question about how the national picture of RAAC was being investigated by the Government and work by government sub-groups and the Scottish Housing Regulator.

You can watch Councillors question Housing Officers here:

Following responses from housing officers, there was a time for comments from councillors. Non-SNP councillors called for support from the Scottish Government, while SNP councillors deflected by calling for funds from the UK Government.

A councillor reiterated an earlier suggestion during questions to housing officers, noting that when faulty cars are recalled, they are repaired at no cost to the owners, even if the car has been resold and a long time has passed since the sale and any warranties.Wilson Chowdhry referenced the relevant laws, which are the Environment Act 2021 (click here) and the General Product Safety Regulations 2005 (click here). Mr Chowdhry, intends to add some aspects of these laws to the request for a legislative change that has already been sent to Scottish Parliament, and the Scottish government. 

You can watch the comments phase here:

Finally, a motion put forward by Councillor Damian Doran-Timson was questioned, with SNP councillors primarily attempting to deflect pressure onto the UK Government. They argued that the UK Government should be held responsible. One councillor claimed that the Scottish Government was receiving 9% less funding than the previous year.  Eventually, all councillors unanimously supported the motion. 

Reflecting on the meeting, Wilson Chowdhry remarked:

"Our deputations proved highly successful, resonating throughout subsequent meeting stages.

"The unanimous approval of the motion was heartening, but even more encouraging was the council's decision to go beyond the motion. They've committed to writing to all regional and constituency MSPs, urging the Scottish Government to provide immediate assistance and financial support to homeowners.

"This represents a significant departure from the shameful treatment residents of Deans South endured in 2004. They were offered meagre sums for their homes, falsely portrayed as last-resort options [The council later failed a public inquiry].

"Yet, the council has yet to acknowledge any complicity in promoting these homes as long-term investments. This oversight leaves us contemplating potential legal recourse under the law of Estoppel or Personal Bar under Scottish law.

"We've also received assurances that eligible homeowners will have the opportunity to sell their properties to West Lothian Council under the buy-back scheme. Regrettably, this was not mentioned in the letter sent to homes on May 15, a day after our protest and deputation, despite a call for its promotion within the council meeting.

"I requested that homeowners be promptly informed of the meeting's discussions and outcomes at the end of my summary. I'm pleased to report that this request was met the very next day, providing a wholly satisfying outcome.

"It appears that councillors are now more receptive to working with the community and listening to local concerns. We remain committed to advancing these efforts."

West Lothian Council - 14 May 2024

Composite Motion. Item 18 RAAC

The Council understands the concerns raised by homeowners and acknowledges the challenges faced by homeowners who have either purchased their homes under Right to Buy legislation from the council or Registered Social Landlords, or on the open market.

The Council has no statutory obligations in relation to privately owned properties, and therefore, has no power to support homeowners other than in very limited circumstances falling within the Scheme of Assistance

However, the Council also acknowledges the challenges faced by homeowners and it is committed to continue to explore alternative solutions within the council's legal and financial constraints.

Council notes that in the letter dated 16 April 2024, the Minister for Housing, Paul McLennan MSP, advised that building owners are responsible for maintaining their properties and that this includes any work required to identify and remediate RAAC present in buildings, and that homeowners are also responsible for maintenance costs on their own homes including work required to survey for or to remediate unsafe RAAC

Council also notes that the Minister for Housing has also advised that following the report to the Housing Services Policy Development and Scrutiny Panel, which was considered on 25 April 2024, that he would be delighted to meet council leaders to understand the next steps and discuss options available to the council.

However, the Council is concerned at the inaction to date by the Scottish Government in supporting council tenants, homeowners and Registered Social Landlords and the absence of any commitment on the part of the Scottish Government to provide financial assistance.

West Lothian Council therefore agrees.The report to today's Council meeting provides a clear update on the council's programme of support for council tenants impacted by RAAC together with detailed information on the support that the council is able to provide to homeowners

1        To note work undertaken to date by the council to progress the remediation of RAAC in the council housing stock and the support provided to homeowners in West Lothian who may be affected by RAAC

2        To instruct the Chief Executive to write to the Minister for Housing seeking an early date for the meeting between the Council Leader, the Executive Councillor for Housing Services PDSP, relevant council officers and the Minister of Housing to discuss the Scottish Government's role and support to the council, other landlords and homeowners who may be affected by RAAC

3. In view of forthcoming meeting with the Housing Minister and as a matter of goodwill and empathy to concerned home owners the Council will facilitate meetings at an early date in Craigshill Livingston/Broxburn/Linlithgow/Bathgate with invitations to landlord RSL's Council will take on board what owners say and will report same to minister.

4 To instruct the Chief Executive to write to all West Lothian constituency and Lothian regional MSP's requesting that they in turn write to the Minister for Housing in support of the requirement for the Scottish Government to provide immediate support and financial assistance to homeowners and Registered Social Landlords and request that they share their correspondence with the council

5. That the outcome of the meetings is reported back to Council Executive.

Councillor Damian Doran-Timson

Councillor George Paul

Addendum to RAAC report:

REINFORCED AUTOCLAVED AERATED CONCRETE (RAAC) IN

COUNCIL HOUSING UPDATE REPORT BY INTERIM HEAD OF

HOUSING CUSTOMER AND BUILDING SERVICE

Include in D3 SUPPORT AVAILABLE FOR HOMEOWNERS after the last paragraph the following:

To assist in effective communication, West Lothian Council will also organise public meetings, for those affected by RAAC or likely to be affected by RAAC, in areas where RAAC is present. These meetings will be held as soon as possible and Council Officers will be present to respond to concerns raised from home owners and tenants. Other housing providers where RAAC is present in their housing stock will also be invited to participate to respond to concerns raised