To ask about council housing?

[Brotherlove]

I'm very sad & confused old member here.
A family member has left her DH taking the children with her. They have been put in B&B or similar, and are saying they will be housed in a few weeks.
I'm confused as there is no DV, the house is jointly owned, children older teens and DH has said come home.
Will the council house them as they think? Or is there no duty on the council as they do own a home?
I think it might vary council to council 🤔 does anyone have any ideas please.
Very sad.

They'll most likely be waiting a while for a home if they're even eligible

Depends on the council. My dsil has been in the same temporary accommodation in London run down house for 6 years with 4 children.

She has fled with the children, and has now become homeless, along with the children..

Yes legal duty to house can be applied, duty has clearly been accepted as they are in temp accommodation (B&B) . So dependant on waiting times in the local LA they should receive an offer of accommodation.

She hasn't 'fled'

She left

Very different

‘There is no DV … DH has said come home.‘

of course DH has said come home. That means absolutely nothing. You simply can’t say there was no DV; not your marriage, you have no idea what goes on behind closed doors. I doubt the older kids would leave with their mother to live in a b&b if everything was rosy at home.

Often they will temp house when someone presents in an emergency and then fully assess before allocating banding. There are lots of variables. Here they would generally expect the children to remain in the home with whichever adult is there unless there's DV

There is obviously a reason and the phrase "all that glitters is not gold" springs to mind
A happy relationship on the outside doesn't necessarily mean all is rosy on the inside of it.
I think if there was no need to be rehoused they wouldn't have even been given temporary accommodation.

She will go through the homeless route and will eventually be housed. Can’t live in home that is owned as husband there and no where else to go.

Something quite significant must have happened for her to leave and take the children to live in a b&b for an unspecified amount of time.

Nobody here can tell you if she will be housed because a lot of it depends on the circumstances of her leaving and the area they are in.

Thank you.
There hasn't been DV.
Family member is likely to be having a mental health breakdown.
Children are already 'visiting' the former marital home, and are not being prevented from doing so. They would never leave their mother - rightly or wrongly.
The DH has been the primary parent since birth.

First and most importantly, unless you live there, you have no way of knowing if there is abuse happening within that household. You would be amazed what happens behind closed doors. Not all abuse involves fists.

second, what threshold is required for someone to leave a bad marriage? Are only the wealthy allowed the privilege of separation?

It’s impossible to say really as it depends on why she left, why she and the DC were placed in temp housing and on the councils policy where she is. It does sound as if something pretty serious has been going on if she and the DC have left and applied for housing, accepted temporary accommodation into what is probably a cramped B&B, rather than any going down any other route.

A few weeks is unlikely, my LA for Band 1 priority is roughly a 9 month wait and that's considered very quick.

You can be in a B&B for months?

Sorry I have no idea tbh. Given her MH I don't think they'd manage that. The DH does all cleaning, cooking, clothes washing, school work etc usually.

All I'm going to say is you have no idea what went on in their relationship

Many people are open and honest with friends and family

Not everyone is a MN hermit

Property can be considered unreasonabl to occupy due to relationship breakdown s.175 Housing Act 1996.

Will be under s.188 Housing Act 1996- interim duty until the council make decision on whether they owe a permanent duty which will not be made before 56 days relief duty have passed.
Can be accommodated in B & B for up to 6 weeks -otherwise unlawful.

Can discharge relief by offering privately rented as long as avialble minimum of 6 months, is suitable and affordable.

If relief duty not discharged after 56 days - council then decide if owed permanent duty. Will need to look at Local Connction and whether they are intentionally homeless - need to pass these tests otherwise duties will be ended.

Why would anyone leave a comfortable family home to live in one room with their kids, perhaps indefinitely, if there wasn’t a good reason. That DH is not as D as you think

Thank you @Sargass0 really helpful.

Clearly you are Team DH, and this may be clouding your view. But are you really hoping they will be forced to return to the marital home because they have no other option?

Also even if there is no DV, you mention that the mother has mental health problems, which may mean she gets higher priority.

Something isn't adding up with your story sorry OP.

It makes no sense that the kids would leave their home and perfect dad for time in a b and b with their mentally unstable mum.

If this is the case, the 'dh' needs to get them home. He is their primary carer after all. Surely he has a say in this.

Guess we know what side you're on. Saintly husband, sun shines out of his backside, wife has mental health problems and has taken leave of her senses by leaving her home with the kids to stay in a b&b and now wants to prevent her getting a house of her own

It would be written as "fled" in the paperwork.

Women don't generally just walk out of a house with their children and report to the housing office if there are no "safety concerns"

What those may be DV, Poor Mental Health of the other adult who knows, but it's classed as "fleeing".

Otherwise the housing office will just say "return to the house if it's safe".

If she is vulnerable adult with severe m h issues then council are duty bound to assist her. (And dc)
Teens may be old enough to decide where to live with mum or dad.
Op implies they feel some kind of obligation to be with their mother but have also gone home to dad to visit so all ok?
Depends on area if any social housing available

If your concern is the dc wellbeing you can speak to sageguarding lead at school so they can take your concerns and note them and involve relevant services as part of the housing application?

Not clear here what is happening.
Op is on the dh side clearly

Yes you can be in a b&b for months or even years in come cases.
When I was made homeless due to a fire in the hmo I was housed in a b&b for 3 months then was moved to a hostel for 6 months before I was offered my flat.
There was a family in the hostel that had been there for 2 years because the council didn't have a big enough house for them.