Eviction notice served

vandanfc

Sorry MOT can't help with this one. I would guess it is simply a fact finding mission, as there would be no grounds for the children to be taken from you at this stage.

teeni

social services are always brought in where there are children and an intentional homeless decision is made.
the social serivces department have a duty under s17(?) childrens act to ensure the childrens safety and they have often have a fund available to pay for accomodation/rent in advance etc in these situations they do not want to take well cared for children into care.

With regard to the review have you got any professional help. It is essential that you have a copy of your homeless file before the review to ensure that they have followed procedure. S184 letter has to have specific info in it to be valid. does it include the fact that you have 21 days to request a review of the decision.

guidance to local authoritys states that if payment of essential bills and rent leaves you with less than you would have on income support that your accomodation is unaffordable.

i don't understand why shelter won't help, but any solicitor with a legal aid contract can assist.

skintscotslass

Hi luv, I'm getting more and more angry as I read whats going on. Keep your chin up. The kids will not be taken away from you. Its just an automatic referral. Big hugs xx
PS I hope IT wont fall out with me when Scotland beat Italy on Saturday...

ampersand

Please, mot, phone that set of Chambers in Manchester tomorrow and send them this thread.
PLEASE, JUST DO IT AND LET THEIR MAN, ADAM FULLWOOD, DIRECT YOU TO ANOTHER OF HIS ILK, IF HE CAN'T COME ON BOARD AT THIS SHORT NOTICE.
My feeling is that you have to aim high now and LET YOUR LA KNOW WHAT THEY'RE UP AGAINST.
Others have been saying this, too, in their various ways, mot.
I've been thinking of 'Cathy Come Home' for some time and will post this now while I find a parliamentary debate section seen earlier which may help.
Back soon.
##########
Right, try this:
http://www.parliament.the-stationery-office.co.uk/pa/cm200506/cmhansrd/cm061017/halltext/61017h0005.htm
Let MP and LA be aware that you are up-to-date with latest mood of House and use their own legal instruments back at them.
This is always effective.
A big nighty-night to the twins, and to you(light off, I see)probably asleep by now, and please don't ANYONE take it amiss if I think any distress they show at meeting is good.
These officials don't seem to react to anything less than the bluntest of instruments.

Snaggles

It makes me feel so angry on your behalf that this still isn't sorted out. I wish I had the knowledge to help you with this, or at least a bigger house that you could move into. I really don't know what to say except that I am thinking about you and your little ones, and I truly hope this is all sorted out very soon.

Gforce_2

Sorry MOT but I am sneakily quite impressed with you LA's ability to scare Shelter! (from a work perspective of course, it's very different when it involves someone you care about)
I'm really surprised that Shelter aren't being more proactive, it's certainly not the way they would act round here - quite the opposite infact. Did they really say they can't help with the appeal because they never win with your LA, or is that what you're 'reading between the lines'? I'm sorry but not being successful in the past is no reason to not try again in the future! The very least they could do is to request your housing file so you can go over the contents and see what they've got!
I think you have a couple of points to appeal against (although this is just my opinion), firstly the LHO believe that you had sufficient money to pay your rent & living expenses, is this true? have you filled out an income and expenditure form with them? were all your outgoings included? Was there a time when your income was much less ie around the time you first started to go into arrears? Did you end up with a minus figure?
The second point I can think of at the moment is they say that your medical condition was not severe enough to prohibit you from maintaining your tenancy, can you get medical evidence to disprove this? I'd also be inclined to ask the HLO what medical qualifications she has that enable her to make a judgement on your mental health from your contact with her, is she a doctor?
Anyway good luck with the appeal, keep your chin up and keep us posted.

mumoftwins

teeni wrote: »

social services are always brought in where there are children and an intentional homeless decision is made.
the social serivces department have a duty under s17(?) childrens act to ensure the childrens safety and they have often have a fund available to pay for accomodation/rent in advance etc in these situations they do not want to take well cared for children into care.

With regard to the review have you got any professional help. It is essential that you have a copy of your homeless file before the review to ensure that they have followed procedure. S184 letter has to have specific info in it to be valid. does it include the fact that you have 21 days to request a review of the decision.

guidance to local authoritys states that if payment of essential bills and rent leaves you with less than you would have on income support that your accomodation is unaffordable.

i don't understand why shelter won't help, but any solicitor with a legal aid contract can assist.

The S184 letter did say I have 21 days from receipt to appeal - I received it on Sunday when I came to the flat to live and replied on Wednesday requesting appeal and the right to stay in this flat until then (apparently its at the discretion of the HO whether we can stay here until then!).

Shelter have said that they will do all they can paperwork for me but suggested that I defend myself with no visible input from them due to having lost all their cases with the LA! So on appeal night it would be the 5 local councillors as the panel, the housing dept (the HO and her manager) and me.......plus anyone I want to take with me.

Earlier this year I received some counselling from a lady who does 'The Journey' therapy - I had forgotten this! So I have asked her if she will see me again and provide a written report to back me up. She also saw DS too.


Gforce, I have done an I&E form for the council but am now going to go over it again to triple check everything! Also the medical assessment form was sent out by the council to an outside assessor (thanks for the warning Teeni!) and as you say they don't know me at all so how can they make a decision based on a few words from my GP who doesn't seem to have read my previous notes at all.

Thank you ampersand - today I can understand where you're coming from (y'day I couldn't make sense of it - mind all over the place) and when I get back from DD's class assembly and appt with MIND I will call him.

Once again, thank you all for supporting me - its taking me a while to get things to sink in but I will do everything you all suggest :T

chevalier

My first reaction to this decisions isn't printable on a public forum, especially one where children might read it:rolleyes: ! I find it totally unbelievable that they can do this to you. I mean if you have done so much with the temp place in terms of cleaning it, it can't be that they think you would be a bad tenant.

It seems to me that the HLO doesn't know the case law (as supplied above) and is counting on you not to know it too. It makes me so mad.

BIG HUGS for all of you. I think now is the time to really up the anti, so well done about going to see your MP. Also start acting up with your former dr by telling him there is a grave likelihood that you will have nowhere to live if he can't support you by providing the written evidence you need.

Best of luck
chev

floss2

MoT, also ring Shelter's head office & ask for their help, on the grounds that your local branch are not prepapred to help you. Please don't worry about keeping up your "mask", if you understand me - emotion is expected in this situation and with the local branch of the national homelessness charity not willing to get involved, you need to get the big guns involved.....i bet the H/O don't know about the unwillingness to fight by your branch.

Please don't think we're bullying or pushing you, we all want to help, and there is such a vast resource of information to be tapped into.

Hugs to all :grouphug:

Love Floss xxx

michelle43uk

Hi
MY repossession order was served yesterday. the court wasnt that bad the build up is the worst i think
the court people were very nice almost too nice!!