Council won’t house a DV victim and says just get an injunction

[Aplacetoshelter]

My DM has been in a refuge for a while now, she left the area she was in and her flat and was moved into a refuge local to me. She has serious mental health issues (PTSD, BBD).

She only has 4 weeks left in the refuge before she has to leave. Our council have today said they won’t house her as she already has a home and she can just “get an injunction” against her abuser.

Her mental health team at home have transferred her care here. They’ve written a report saying she is under no circumstances to return to the area she was in before as she is vulnerable and an injunction would be useless.

I feel at a complete loss as to what to do. She can’t afford to rent privately and there is no property’s willing to rent to someone on housing benefit. She gets full ESA. I have no space for her either.

I just can’t believe they think “get an injunction” is a solution. Why do we even have refuges if everyone can just get an injunction?!

It would be expensive to get an injunction and I don't know if there is any legal aid for it any more. Has the council seen the mental health teams report? See your local CAB. Maybe they can help.

The housing lady answers her phone maybe once every ten times you try ringing her.
CAB is a good shout though!

Non molestation orders are free for victims of domestic abuse.

www.gov.uk/injunction-domestic-violence/eligibility-non-molestation

Former housing advisor and homeless caseworker here. There is clear case law and statutory guidance that says they shouldn’t require your mum to get an injunction, this is helpful; rightsofwomen.org.uk/wp-content/uploads/2014/10/guide-to-domestic-violence-housing-and-homelessness.pdf I’d strongly advise you contacting Shelterline who are brilliant the emergency number (which I think is appropriate given your mum’s vulnerability) is tel:08081644660 they are open 8am - 8pm weekdays and 9am - 5pm weekends. It can take a bit of repeat dialling and holding on to speak to someone but it is worth it and the number is free even from a mobile.

Good luck

@enterthewolves that is amazing! I can’t believe that. They’ve told her becuase she still has her flat at home she isn’t homeless, but the council at home have told her not to give up her flat....

Gosh I’m suprised. A friend of mine owned her home (mortgaged) with her dh and local council not only housed her but put her on top priority, or maybe one level below top....but she was housed within a couple of months.

You don’t have to have nowhere to live - you have to have nowhere suitable - and somewhere you are at risk of violence isn’t suitable. It sounds like they don’t really understand the law/are gatekeeping. Not usual but not ok. She is lucky she has you.

I’ve just seen the letter with the decision. Their main points are

• her council at home have a domestic violence plan she can make use of
• her abuser isn’t living in the property anymore
• she sold two pieces of furniture which would suggest a “planned move” (she sold them whilst she was in the refuge to a neighbour as she had no money)

This is the letter

He is still in the area and frequently comes back to the property to see if she has returned (as evidenced by neighbours)

Your Mum has 21 days to appeal, I think she has a good case especially if her MH team will support her. Honestly call Shelter tomorrow - I am so sorry it is really unfair it has to be a battle.

@enterthewolves thank you so much for your help. I’m going to ring them first thing