No home - small children - Local Authority not helping

[2005]

Hello, Im a mother of 2 boys. 2 years ago i rented a house with the father of my kids, but in July i found out that he was not paying the rent, which by that time it was to late as the state agency told me that they was sending us to court. after this i went straight to the local council, which told me to stay until the bailiff came witch i did, the council then offers me a b&b for me and the boys as their dad no longer wanted to be with me he went to live at his mums house, after being at the B&B the council sends me a letter telling me that they found me intentionally homeless there for they had no legal obligation to help me anymore. so they told me i had to leave the B&B and they would refer me to social services because if i cant find anywhere to live that the social services would take my kids away and put them into care.

 

well the social services said that they could not take my kids away cause they was not being abused, mistreated or in any danger and told me that it was the local council responsibility.

 

the day the council told me to leave the B&B I had no where to go that night my sons nursery manager had to call the emergency social services teem they paid for a hotel for us that night.

 

after a week from sleeping from house to house one of my friends let me stay at hers for 2 week, the problem is that she lives almost 30 miles from the boys schools, at the momen their not attending school.

 

i don't no what to do now can anyone help me?

Edited January 31, 2013 by citizenB

[citizenB]

You may want to contact Shelter - details as follows :-

 

http://england.shelter.org.uk/get_advice

 

Just follow the links on the website or telephone

 

Ring 0808 800 4444

8am-8pm Monday-Friday

8am-5pm Saturday-Sunday

Calls are free from UK landlines and main

mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).

[BankFodder]

Which authority is it please?

[Conniff]

You should get right back on to the council, even go and sit in the lobby of the council offices if need be and with your children.

 

Shelter says:

 

"

It is up to the council to prove that you are intentionally homeless, not for you to prove that you aren't. The council has to make enquiries into the reasons you became homeless and must be satisfied that all four of the following points apply:

• you deliberately did (or didn't do) something
  
• that caused you to leave accommodation
  
• which you could otherwise have stayed in, and
  
• it would have been reasonable for you to stay there.
  

If the council cannot prove that you became homeless intentionally, they should give you the benefit of the doubt, and not consider you to be intentionally homeless"

 

So it would seem in your case that you did not knowingly withhold the rent to make yourselves deliberately homeless.

[caro]

Contact local housing associations too. Follow this link to find HA's in your area.

 

http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=87

 

Let us know how you get on and we'll try and help further.

Edited January 31, 2013 by caro

[JohnSmith1234]

Did your partner stop paying the rent because he was in financial hardship or did he use the money for something else? If the former, it would be unreasonable to find you intentionally homeless if your household could not afford to live there...I recommend you seek specialist advice...you will get a solicitor's help free if you are claiming Income Support, income based JSA or income related ESA.

 

If social services have refused to help without carrying out any assessment of your childrens' needs i.e.'sorry we can't help' over a telephone call, then I suggest you seek legal advice to challenge them.

 

Social services must carry out an assessment of a 'child in need' if, without their help, the health or development of a child is likely to be affected. When the assessment has been carried out SS will decide what services to provide.

 

While it's true SS have the power to rehouse you with your children by giving you financial assistance, it is not a legal duty and more likely they will offer to take your children into voluntary care. Again, if you are feel nervous about challenging decisions, seek legal/specialist advice - lists of local solicitors are held by housing charities...citizenB has given you a good place to start.

[stu007]

Hi

 

Please seek the advice of Shelter or Citizens Advice if you have one near.

 

I would also put as many applications in to the different Housing Associations in your area at least that way you are on their housing list.

 

I would also raise this with your local councillor if time permits.

[2005]

spelthorne

[2005]

ok thank you.

[2005]

hey, he did use the money for something else, the social services has even closed the case saying its not there responsibility, the kids are not going to school at the moment as were sleeping from home to home

no one seems to want to help, i went to see a solicitor yesterday but she said she cant guaranty anything as the council have no legal duty to help. im so lost and depress dont no how to sort this out.

[citizenB]

Have you contacted Shelter ? I left all the details for you in post # 2