“I want to fight until the end for my own family and to help and show a reality that the council is avoiding,” says Carmen Castro Guallichico
A South London family living in an overcrowded home with two severely autistic children are taking their local council to court after they allegedly moved further down an emergency queue for housing.
Carmen Castro Guallichico and her family will challenge Southwark Council at the High Court and will set out their claim that the council acted unlawfully and ignored their waiting time for emergency housing.
Carmen claims her position on the council’s direct offer waiting list for social housing actually went backwards over a six-month period. When her lawyer approached the council about this, they say they did not receive an explanation as to why.
Earlier this year, the High Court granted Carmen’s judicial review, which is taking place on Tuesday, June 23.
Speaking to the Local Democracy Reporting Service (LDRS), Carmen said: “I want to represent the voices of families and want to be heard. A lot of families are living in conditions similar to mine, and the council is playing with those families’ and our children’s futures.
“A lot of families are going through difficult housing issues and really complicated health situations. The council knows about these issues, but they are avoiding them.”
Southwark Council said it would “not be appropriate to comment” but said there are over 20,000 households on the housing waiting list in Southwark.
Carmen claims in January 2025, she was in the 19th position for a four-bedroom home and was 10th in line for a five-bed home. However by July 2025, she allegedly moved down to position 30 for a four-bed home and position 16 for a five-bed home.
Carmen added: “I want to fight until the end for my own family and to help and show a reality that the council is avoiding. I want to support those other families and ensure their voices are heard by the council to say ‘we are here, we are still existing and we are super alarmed with the treatment you are providing to those families’.
“The council knows our housing and health situations and they are completely avoiding them. We are here, we deserve dignity and we deserve for our children to grow up in a safe environment.”
Carmen, her husband and their four children are currently living in a two-bedroom private property in Southwark, but the cramped conditions of the property are taking a huge toll on the mental and physical health of each family member.
The two youngest sons have severe autism, and take up space playing on the stairs and in one of the bedrooms because they have nowhere else to go. Physical activity, quiet space and a sense of order and routine are key needs of an autistic child to be able to regulate their emotions.
Carmen explains that if any of her son’s possessions are moved from the stairs, it can trigger a crisis in him and can have a huge impact on their daily routine.
She says her two youngest sons need to be kept separate and have their own space to avoid fights. She says if the family had more space, she would be able to support her two youngest children with everything they need to help improve their condition and make their lives easier.
Carmen said: “We are a family of six, but none of us have any privacy. My oldest son always complains that his young autistic brothers make too much noise. and their behaviour has exhausted him.
“He is a university student, but for his exams, he has to go to the library to study or with his friends. He can’t do it at home because of this situation. This situation of so many people living together, every day, with such little space is very stressful.”
She added: “My husband and I are under a lot of stress, and it is affecting our health to the point that our hair is falling out. These housing conditions also put lots of strain on our relationship and on the whole family.
“We are exhausted and tired of dealing with this, all because we do not have enough space for them.”
According to Carmen and their lawyer, the council accepted they have exceptional housing needs and due to their autism, the two youngest sons need their own bedrooms and a garden.
In 2024 and following previous legal action taken by Carmen, the family was placed in Band 1 and on the waiting list for a direct offer. The family was allegedly told by the council the list worked by date order, but Carmen says their position in the queue kept falling further back between January and July 2025.
Housing campaign group, Housing Action Southwark and Lambeth (HASL), has accused the council of operating a ‘fake waiting list’, which they say is “playing such games with some of the most vulnerable residents in the borough”.
Elizabeth Wyatt, a member of HASL, said: “It’s hard to imagine how agonising it is for the family to be trapped in such cramped, harmful housing for so many years. On top of this, Carmen is faced with the heart-breaking reality that she is falling down this scam direct offer waiting list.”
Elizabeth added: “As soon as we realised Carmen’s position on the waiting list was getting lower instead of higher, we knew the council had tricked her – we’re happy that the High Court has agreed that her case needs to be heard.
“We’re extremely proud that Carmen has continued fighting her case. For those of us at the very worst end of the housing crisis, taking these judicial review cases is not easy, as everything is stacked against us.”
Councillor Reginald Popoola, Executive Member for Council Homes at Southwark Council, said: “We recognise that this case has been raised; however, it would not be appropriate to comment on individual circumstances.
“There are over 20,000 households on the housing waiting list in Southwark. Applications are assessed using a priority banding system, based on identified housing need, and are matched to suitable properties in line with applicants’ requirements.
“Properties are predominantly allocated through residents bidding for their desired homes. Even under the difficult financial headwinds, where the Government continues with austerity, our focus is still on the building of genuinely affordable homes to help tackle the housing crisis.”
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