Leighton Ure, lives in the property in Hamilton, South Lanarkshire, which experts have said is not fit for habitation.
His mother Michelle, said she is terrified he could die, similar to Awaab Ishak in Rochdale, in England, whose death forced the UK Government to implement the law compelling landlords to address dangerous hazards like damp and mould within strict timeframes.
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The family is requesting they be moved to another home in the area that is damp and mould free and has met with the council on Thursday.
She presented photographic evidence of her son being sick, which experts have said is down to the exposure in the home. She said her doctor has also written in support of her case to be moved.
Michelle spoke to the Glasgow Times after the meeting.
She said: “We are asking for a managed transfer to a home with no damp and mould. The mould is causing Leighton to be sick.
We were on holiday last week and he wasn’t sick at all.
“As soon as we came home, he was not well again.”
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She told the council: “I’m a mother and seeing my child’s health go downhill because of this is absolutely heartbreaking and terrifying.
“He’s only two and going through this.”
Her home has been assessed by an expert who also attended the meeting.
Christine Reilly-Blake, an accredited and certified indoor air quality practitioner, said the boy could have died.
She said: “When I first walked into the property, the stench made me gag.
“It is water damaged and there is water damage mould coming from under the floor.
“It is very serious.
“This has to be about Leighton it must be child-focused.
“If Michelle hadn’t been in the room when Leighton was sick, he could have choked and died.
“We need to get him out of this environment. There will be long term health implications for the child if he is continued to be exposed to this mould.
If we can get him out this can be rectified. “
Ms Reilly-Blake has urged the council to move them out and then completely repair the property.
She added: “They can’t just move someone else in. It has to be remediated properly and confirmed to be fit for human habitation. The cycle cannot continue.”
The council, however, maintains the home is habitable.
Sean Clerkin of the Scottish Tenants Association has been assisting the family.
He raised the family’s case at the Scottish Parliament Housing Committee earlier this month and called for the Scottish Government‘s plans for a law on dealing with damp and mould to be named Leighton’s Law, similar to Awaab’s Law in England.
Mr Clerkin said the council has not attempted to remove the mould despite it being reported months ago.
He said: “The scandalous suffering of the mother and young two year-old Leighton is due to rampant damp and mould being in their home coupled with the indifference of their landlord South Lanarkshire Council.
“They must be re-housed immediately to a new home free from damp and mould.
“Their case highlights the need that all private and social landlords are forced by law in Scotland to investigate and do the required remediation work within robust timeframes and that the remediation work is carried out to defined high standards.”
A spokesperson for South Lanarkshire Council said: “We have undertaken a range of actions at this property to investigate the issues reported by Ms Ure. These included dampness surveys carried out by a specialist contractor which identified no major issues but recommended some actions.
“All of these actions have been carried out, including the fitting of thermal insulation to external walls. We also scheduled the installation of a positive input ventilation system, which along with the upgrading of both bathroom and kitchen fans, would further improve air quality.
“We have installed hundreds of these ventilation systems in other properties. However, Ms Ure is receiving her own advice and has refused the offer of that installation.
“The property has been inspected and we are clear that it is habitable.
“While Ms Ure’s request for a housing transfer has been based in part on the suggestion that her son’s health is being impacted by conditions in the flat, we have been presented with no evidence that this is the case. There appears to be no such evidence in the reports commissioned by Ms Ure either.”