'Intentionally Homeless'

Bryando

Yes it is a fight . In and out hostels and I can tell you a few things that well would make you boil! Shocking what social services said. I would be raising this with my MP, also seek legal advice regarding it as I did and well I was suprised.

Kimitatsu

Hi Sarah

Sorry to hear of your plight but unfortunately each organisation has complied with the law as it stands and so all of the legal process has been carried through.

You are not entitled to accomodation as you have made yourself intentionally homeless by accruing arrears (albeit unwittingly) and then giving up your tenancy. The council has a duty of care to house your daughter as she is in a vulnerable age group but not you. You could try to appeal the decision of intentional homelessness but unless you can prove that you sought advice and were either given the wrong advice or none at all then it is unlikely to be successfull.

That was the bad news, now for the help , you can apply for a deposit under the rent deposit scheme that most councils run, they will lend you the deposit for another property but you need to ensure that you have applied for LHA before you move in and ask for the money to be paid direct to the landlord (not to you then you cannot fall into arrears again). If for any reason you DO fall into arrears you need to go back to the council and ask them to take the shortfall directly from your benefits and pay the landlord with it, that way as long as you are paying the arrears the courts are unlikely to evict you.

If you find that the local CAB has not been very helpful try your local SUreStart centre, as you have a child of under 2 they will have access to grant funding and help that may not be availabel elsewhere. Above all, you need to seek help from your council and explain the situation, asking for help to find a deposit so that your daughter does not have to be taken into care - under the safeguarding children act councils have a duty to ensure that families can be kept together wherever possible.

Hope this makes sense, please pm me or post further if it does not

chesky369

Our local authority warns all people in the original case of the OP that they do risk being intentionally homeless if they do as she did in the first place which is to leave the property before going through the courts and being 'properly' evicted. It shows that people need advice BEFORE they get to this stage, and when trouble looms, they should seek help and not put it off.

Sarah.Cc

C_Mab....I;m sure i can find somewhere with family just didnt want it to come to that would rather find a way to sort myself out....it upsets me to think some people r in the same position and actually have no family or friends...i cant believe how british citizens can be treated!

Kim....WOW thank u 4 ur advice, i will be writing to the council again about not splitting us up and will never ever have the rent paid to me!!!!!! also good idea about sure start i actually picked up their leaflet yesterday so will head there on monday! thank u!!

Bryando..definatly gonna persue the mp and legal advice is a good idea too thank u!

Chesky...SHE as in me was not aware of intentionally homeless i had never even herd that term before and did call my local authority and spoke 2 benefits team and housing officers who gave me no help watso ever so i didnt put it off!!
i left rather than staying there and letting the debts mount up! i thought it was the sensible thing 2 do as i am in recipt of benefits i can not afford to be in debt!
I see what you mean but unfortunatly i was badly advised and also clueless about the system!!

Bryando

Yes pusue legal advice defo! The apsect of taking the child into foster ie splitting you up. Well would the media not be keen to hear. If you know what I'm saying. Honestly I had to go to some lenghs.

astonsmummy

Keep in contact with shelter they have been valuable to me.
Sorry I have no other advice, just that I hope it all works out for you.
Also, the person at social service was talking out their backside, and I cant beleive they are allowed to scare people like this!

sunnyone

Sarah.Cc wrote: »

C_Mab....I;m sure i can find somewhere with family just didnt want it to come to that would rather find a way to sort myself out....it upsets me to think some people r in the same position and actually have no family or friends...i cant believe how british citizens can be treated!

Kim....WOW thank u 4 ur advice, i will be writing to the council again about not splitting us up and will never ever have the rent paid to me!!!!!! also good idea about sure start i actually picked up their leaflet yesterday so will head there on monday! thank u!!

Bryando..definatly gonna persue the mp and legal advice is a good idea too thank u!

Chesky...SHE as in me was not aware of intentionally homeless i had never even herd that term before and did call my local authority and spoke 2 benefits team and housing officers who gave me no help watso ever so i didnt put it off!!
i left rather than staying there and letting the debts mount up! i thought it was the sensible thing 2 do as i am in recipt of benefits i can not afford to be in debt!
I see what you mean but unfortunatly i was badly advised and also clueless about the system!!

What does the statement in red mean?

sunnyone

Kimitatsu

astonsmummy wrote: »

Keep in contact with shelter they have been valuable to me.
Sorry I have no other advice, just that I hope it all works out for you.
Also, the person at social service was talking out their backside, and I cant beleive they are allowed to scare people like this!

I am sorry to say they are not talking out of their backsides! I have had this self same conversation with social services about a case of mine and it was just was what I was told, I was shocked too but that is the law. I have checked the housing code and unfortunately they are correct.

Ignorance is no excuse under the law but not being able to access the relevant information may well help and in the wake of the Baby P case there has been an average 40% increase of children being taken into foster care (sad but true) and so it may well help the council in making their decision that there are few foster places available except to the most vulnerable.

astonsmummy

Kimitatsu wrote: »

I am sorry to say they are not talking out of their backsides! I have had this self same conversation with social services about a case of mine and it was just was what I was told, I was shocked too but that is the law. I have checked the housing code and unfortunately they are correct.

Ignorance is no excuse under the law but not being able to access the relevant information may well help and in the wake of the Baby P case there has been an average 40% increase of children being taken into foster care (sad but true) and so it may well help the council in making their decision that there are few foster places available except to the most vulnerable.

Well I think that is wrong, there are plenty of children ou there who really shopuld be taken into care, not people like this!
Plus noone I know who has been evectied has ever had their children taken away.

Oldernotwiser

astonsmummy wrote: »

Well I think that is wrong, there are plenty of children ou there who really shopuld be taken into care, not people like this!
Plus noone I know who has been evectied has ever had their children taken away.

Children are taken into care for a variety of reasons, not just because of child abuse. I think that there's an enormous difference between taking children into care because they've been mistreated and taking them into care because the parent(s) has nowhere to live.

People do find that this gives them a breathing space of a couple of weeks so that they can sort themselves out and make arrangements for the future.