Help needed for Father and 6 year old son

[madmax1973]

Hello, i am writing this on behalf of a close friend who is getting desperate and confused;

 

Father and son were living in a 3rd floor 2 bedroom flat owned by the local council. The Tenancy in the sole name of the father. He was awarded custordy of his son in 2006 due to reasons of neglect by his bm.

 

August 2007 he met his new partner and she had a council studio flat of her own. She gave up her Tenancy to come and live with them in the 2 bed flat. She has got "disabilitys" (not to the extent she makes out as i belive it is Munchausen’s )

and found the 3rd floor flat an issue because of the stairs so got on to the council for a move into a more suitable property. They awarded her points ect and said that they were entitled to move to a 2 bed property on the ground floor. They found one and moved into it in November 08. Since this time her mobility component has dropped to the lower rate and her mobility car taking from her but in Jan this year after involving Adult Social Services they fitted a low level shower in and have taken the bath out. the other adaptions are 2 hand rails by the toilet.

 

The problem is that they split at the end of July and she has left the home to stay with her mother and was not going to go "after" the flat but has now changed her mind. Very long story but they both have a non-molestation order against each other. As you can imagine the judge wants this sorted out but is swaying towards the "disabled" woman and has said that it would be a waste of tax payers money to move her because of the adaptions and said it would be better for them to move ! he has a 6 year old son who has been "A child in need" and needs stability in his life.

 

The flat was not a disabled one mearly a ground floor flat but first of all why would they move the child and second of all why would she require a 2 bed flat for 1 person ???

[Webranger]

This is something that you should let the judge and social services sort out. It's not a matter of precise law and the judge has to use his/her discretion.

 

The coming and going of this woman has probably created more instability in the boy's life than a mere house-move will.

 

Thanks to Hitler's Luftwaffe I had 7 addresses in my first 8.5 years but that wasn't particularly unsettling.

[Aviva]

As Webranger says this decision is up to the Judge. If the judgement is in favour of her then the father should go to the Council with a copy of the decision and ask for rehousing on the grounds that he and his son are now homeless.

[madmax1973]

Thank you,

 

I would like to make it quite clear (as i could not edit this post for some reason), that she is not the birth mother and they are married. The childrens services have been contacted but they say they cannot intervene in this but it would not be right for the judge to make the child move after such a neglectful history ? I find it quite unbeliveable that this is down to money for a shower conversion !

 

So he cannot do a thing to prevent this ?

[Webranger]

We didn't say that HE could do nothing. One thing he should do is challenge the SS, escalate up the dept. How can they say that making a child homeless is nothing to do with them? I would have thought that the Judge had asked for their input. He could write to the Children's Commissioner if all else fails.

 

Actually, the Judge is not supposed to take into account "the cost to the taxpayer" in making such decisions. If he makes a decision and gives that as a reason, it can be aopealed.

[madmax1973]

Thanks again Webranger, i will ensure that the SS do take this serious and helps out

[Kentish Lass]

Whose name is on the tenancy?

[madmax1973]

Whose name is on the tenancy?

 

Both unfortunatley, or it would be quite simple ! She added her name when they moved into the property

[madmax1973]

Does anyone no how to get a solicitor to represent you, when your claim for Income Support hasn't been awarded yet ? His said he cant claim for legal aid, so is unable to do anything at this time ???...... she claimed the benefits which has messed him up.

 

Hers are already in talks with the LA solicitors

 

Please ?????

Thanks

Edited August 10, 2010 by madmax1973
more info

[madmax1973]

I have been in contact with the Childrens Services and they say they cannot be involved at this stage. There are no Safeguarding issues with the child. They are adamant that the only time they can be involved when the child becomes homeless.

 

And as ive said, he cant get legal repesentation because he has not been awarded his benefits yet.

 

She is now going for a Transfer of Tenancy and an Occupation Order.