In the Abai region, a court restored the housing rights of an orphaned child who had been removed from the housing waiting list due to an administrative error. The violation occurred following territorial changes and was only rectified through legal proceedings.
HOW THE DATA LOSS OCCURRED
The claim in the interests of the minor pupil K. was filed by the Centre for Support of Children in Need of Special Social Services, reports the press service of the courts. The child belonged to the category of orphans and had previously been registered as in need of housing.
After administrative-territorial changes in the Abai region, when forming the lists of applicants in the newly established district, his details were lost. The case file does not indicate that this occurred through any fault of the child or his legal guardians.
WHO CAUSED THE VIOLATION
The court found improper performance of duties by specialists from the housing and communal services department of the Zhanasemey district and the department of housing relations and housing inspection of the city of Semey.
Their actions led to a violation of the minor's right to maintain his place on the housing waiting list.
THE COURT DECISION AND ITS IMPLEMENTATION
The court upheld the claim and declared the actions of the officials unlawful. The Housing Construction Savings Bank "Otbasy Bank" was obliged to restore and enter the lost information regarding K.'s registration on the housing waiting list since 2016 in the information system orken.otbasybank.kz.
After the court decision came into force, the bank restored the child to the waiting list within a month under the "Orphans and children left without parental care" category.