Refused domestic violence management transfer?
26/04/2012 11:21 am
I have been a victim of domestic violence for nearly 3 years now, it has taken me all this time to finally admit to myself that I need to break all ties in order to progress with my life as social services are now involved as we have children together. he was told that he was not allowed unsupervised contact with the children and to not visit me at home but was recently sent to prison for a driving offence outside my home and also kicked me in the face before getting arrested . ive had the the breathing space to make this decision as he was very very controlling, bullying confrontational etc.
so i applied for the transfer because i know that when he comes out he will come straight to my house drunk, he is an alcoholic with no regard for the law. i told the council this, they know the history, police have been called to the house over 20 times
and still the council refuse to move me?
I suffered from depression, post natal depression, my son has a cardiac condition, we are on the 9th floor. i really dont understand
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26/04/2012 12:17 pm
It is very difficult on a forum like this to give you advice because there are so many "ifs and buts".
That said, do two things:
You need to get specific reasons why the Council sren't transfering you - have you formally made an application?
Take that detail to a housing advice service such a Shelter.
I don't think you'll find anyone that won't support and applaud your decision to take charge of your life.
26/04/2012 12:30 pm
If the situation is as you describe it, surely the council are breaking the law by not rehousing you... I would go straight to CAB or any law centre and ask them to help you take your landlord to court... Of course your landlord will come up with all sort of excuses, but if the situation is as you describe it, my advice is to go a lawyer. They should give you legal aid... Tenants are failed all the time and this is because these landlords can get away with it...
26/04/2012 1:05 pm
It is very difficult to advise on basis of information provided but I suggest with help of an advocate (CAB and/or Shelter) you consider making a homeless application rather than waiting for a transfer. It would also help to have police support. Under Part 7 Housing Act 1996 and following recent case law - LB Hounslow-v-Yemshaw - 26/1/2010 - you should be be offered accommodation immediately. If the council try and put you off you will need the advocate to press them strongly. Good luck
26/04/2012 1:57 pm
Thanks guys, i will seek advocacy , i must do it within the next 10 days according to the letter.sorry for the long post and the details
Just received the letterm it stated:
There is no indication from the police or social services reports that you are in physical immediate danger
they dont know him? im trying to remove my self from the situation and they are knocking me back, i want to have a new life where he does not no where i live.
The last incident was in october 2011.Prior to that police were being called to the house every 2 months. i had 4 months of peace but then He got sent to prison february 2012. it Social services said to me we havent received any police reports in between that period because he has been locked up, i dont understand why housing wouldnt see that at risk of harm. however maybe i have not helped the situation by lying to the police when they do the risk assesments, i always used to tell them that eveything was fine - even though neighbours had made calls because they heard me screaming and crying. I lied out of fear of repurcussions , he always used to hit himself on the face to create marks before police came and threatend to say if i said anything then he would tell police that i hit him, then id get arrested and my kids taken away so i covered evrything up out of pure fear - i havent explained this detail to housing but maybe i should? I know im so stupid for continuing in the relationship, i know this.They have advised me to get an injunction - this guy has over 20 convictions and no regard for the law, drink driving 3 times in one year? what is an injunction going to do, he doesnt care.
but what baffles me is, that social services put all the kids on child protection plans due to the amount of violence towards me and risk of harm but council cannot see this?its my fault for not acting sooner i guess but like i said i have only recently been given the breathing space
i have not exaggerated, evrything i have said is the truth.
26/04/2012 11:35 pm
Emma, if you receive income support or other qualifying benefits go to a GOOD local solicicitor who will offer legal aid. Ive found CAB and advocates etc are overwhelmed at present and it takes weeks to see them, Solicitors are much quicker and often better. Wishing you good luck