AIBU to think the council have a duty of care here?

[AstridPeth]

Desperately looking for help here. Last week A mother and child moved in with us to escape an abusive situation at home. I should stress there is no domestic violence at this point. Her dh is an ex addict, who has been clean for a number of years, but recently delved back into the world of drugs and alcohol. At first he could hide it well and was telling everyone who would listen that my friend was mentally unstable and losing the plot (hence making up lies about his habits). However, he turned up at our house off his head and the truth became very apparent. Since then he has plunged even further. Life at home became unbearable for her and her child as he was often aggressive and nasty (tho never violent) and was more often then not taking something. They moved in with us last week. We don't actually have the space but are doing the best we can. Since they have moved in he has gotten even worse and is refusing help. He has a big support network who are trying to get him into rehab again but he won't go. This poor woman doesn't think she can ever go home. Even if he does get clean he has told so many lies, there is no trust anymore.
I want to help them the best I can regarding finding somewhere else to live. The problem is that when my friend married this man she gave up her council house as she felt she didn't need it anymore and someone more needy could use it. She now finds herself in this awful position and doesn't think the council will help her.
Is it worth asking or has she shot herself in the foot? Is there anybody who has had any experience please?

She absolutely would be able to seek refuge with Women's Aid, the dv may not be physical but it is still dv. They would then be able to help her with housing etc. If she (or you with her consent) call the 24hr helpline on 08082000247 or 08088021414 (NI) they'll be able to assist.

WA probably won't be able to help practically. She has no immediate need of a refuge and wouldn't be a priority.

She should be a priority need with children and is not reasonable for her to return to previous home, she has a local connection to the area, although with abuse not strictly necessary, so they should give her temporary accommodation whilst they make their enquiries.

'so they should give her temporary accommodation whilst they make their enquiries.'

All too often, the person is expected to make enquiries now. Many councils are no longer doing the leg work. It's get offered temp accom, take it or don't and bid and bid.

I think it really depends on where you are unfortunately. I worked for a Scottish city's homeless team and we would in all probability have found her a temporary flat of some sort whilst her circumstances were investigated.

Giving up a council property on marriage wouldn't be held against her either. How long ago did they get married?

But the only way of knowing what your particular council will say is to ask them.

If her FiL has properties, might he want to help his DiL and GC?

The council do have a duty to house her, however they may not have adequate housing. It will all depend on what they have. The council don’t (and can’t) discharge the duty to house her unless she has behaved badly during her last council tenancy or has rent arrears.

Father in law hasn't even been over to see them since they moved in here. She asked MIL and FUL to come and spend some time with her and her dd and they refused on the grounds that their darling Ds would think that everyone is against him and plotting. FIL thinks that she should be back in the marital home doing her wifely duty and looking after dh. In sickness and in health, to death do us part. Yes this has been quoted to her.

She could contact Shelter and they will be able to advise her.

OP they might lend her the money for her deposit and the first months rent. In the end this is what the council did for my DSIS but she was also under the care of a social worker and had a MARAC plan. Worth getting advice because this is probably the best way to get rehoused. The challenge then is finding somewhere she’ll pass the credit checks for. My sister could only rent with 6 months rent paid in advance which I put up for her. Challenging unless your friend also knows someone who can act as guarantor or can put up 6 months rent.

Your friend needs to attend LA but before visit can check their policies
She’s entitled to ask for an assessment of her needs, i note she’s a parent. Is the child school age?
Did she report his drug activities?Does she have any Crime reference numbers?
They are Likely to be offered b&b provision as there’s a chronic shortage of adequate housing
You don’t need to ask her to leave to boost her application

where I am the council won't re-home her as she is living with you.

You may have to write her a letter of eviction that she can take to the council.

I fled an abusive relationship with my DD a few years ago now. Sounds similar to your friends situation, addiction/aggressive behaviour. I presented as homeless to my local council and stayed with a friend for a few weeks then the council found me temporary accommodation in a scatter flat. I was put on a high priority band and was offered a secure tenancy with a housing association 6 months later.

You’re welcome @AstridPeth Each LA has their own policy, until she/you knows what they deem not only homeless but a priority all anyone can do is speculate I’m afraid.

Where I live two LA’s interchange a lot and their policies are quite different - one for example allocates housing the other you have to bid, one you need x amount of points to go on the list and the other no points but certain criteria need to be met etc. The LA I live in has more houses and can house you, depending on circumstances, quite quickly. The other one has an 8yr waiting list for a permanent property.

She can contact the local council to make a homelessness application.
She is homeless, eligible and in priority need as she has a dependent child.
Therefore the council will have a duty to accommodate her in emergency accommodation. (section 188 Housing Act 1996) or consider her homeless at home at yours if that is preferable to emergency accommodation which can be crap)

There will also be a duty to relieve her homelessness as well.
This could be paying for a deposit or first months rent to secure a place in the private sector that is available for at least 6 months. (although please note the council can discharge the main housing duty at this point,

And as she was experiencing domestic abuse - she was already legally homeless even though she had a roof over her head so they cannot say that she has made herself intentionally homeless by leaving (they should not even be looking at intentionality at this stage anyway)

They will then look at intentionality and local connection.

Has she done or not done something to cause her homelessness (no she hasn't)

Has she lived in the area for 6 out of the last 12 months - does her child go to school in the area etc?

Once the council are satisfied that she "passes" all 5 hurdles they will have a duty to accommodate her in permanent housing. (s193)

This could be social housing or it could be a private let that is available for at least 12 months.
This could be out of area but she would have a right to challenge the suitability within 21 days of the offer.

If the council turn her away- (if they say that she is not homeless because she is living with you for instance)
then that is unlawful and the council can be challenged.

If she is on IS, ESA or JSA or has a low income she will be entitled to legal aid who will be able to assign a caseworker to challenge the council on her behalf. Google Civil Legal Advice for the number.

She can also apply to go on the waiting list. Most councils have priority banding for those considered homeless so she should get preference for bidding as well as the council doing their bit to house her.

It can be a bumpy road but the council definitely do have a duty (quite a few duties actually) Don't be put off by this. They can be challenged if they are not doing what they should be doing. (CLA advice above)

I appreciate this seems like long winded advice but if she knows her legal rights she is less likely to be fobbed off by the council.

Please note the waiting list and a homeless application are 2 different processes but can be used together.
Waiting list only- long wait depending on area.
Homeless app- quickest way and not too long.