Richard Paris - Housing Expert

Richard Paris has an MA from Queens' College, Cambridge & a post-graduate Diploma in Housing from LSE. From 1991-93 he was senior research officer at LSE Housing.

He has worked for both statutory & voluntary organisations with people experiencing drug & alcohol problems, mental health difficulties, with young offenders & with those leaving care. This work involved 'street' level prevention, networking & advocacy. He has also worked for short-life & supported housing agencies, mainstream housing associations & local authorities.

Since 1990 he has been a free-lance housing law specialist undertaking educational training, consultancy and policy and procedure health checks.

He is also an associate consultant for National Housing Federation, LJM, Michael Guest Associates, ISLE Ltd and JKA Associates.

Question
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Q. I hope that you are able to help. I have a male friend who finds himself in an almost impossible situation. He is the father of 7 and has recently had 2 of the younger girls to live with him(ages 8 and 9).
Currently the 3 of them are camping out on relatives floors. He has been told by the local housing authority that until he starts to receive child
benefit for the youngest child(currently paid to the mother and is also paying CSA payments to her)that he is ineligible for housing and as the children are with their father they cannot do anything. He seems to be
stuck between a rock and a hard place.It seems that if he were female or of foreign extraction there would be a wealth of support available. One would think that in this society of errant fathers when one wants to give
his children a home and a decent upbringing there would be more help available. Any advice would be greatly appreciated.
A. Re - your male friend with 7 children, 2 of whom now live with him.

Where did he live before camping on relatives' floors?

Are the 2 girls aged 8 and 9 living with him permanently?

If so, which school will they be attending in September - same one as when they lived with their mother? If not, then if he can proof from local authority education department that they are/will be enrolled at a local school with him as responsible parent, that should suffice to show local housing authority that he has 'dependent children' who reside with him or might be expected to reside with him - see s.189 Housing Act 1996.

The child benefit book is just a 'marker' and rule-of-thumb for who has parental responsibility for children not absolute proof. This needs to be challenged at his local housing authority. Tell him to ask for a written s.184 Housing Act 1996 decision letter confirming that he is 'ineligible' because of lack of child benefit in his name.Take that letter to CAB or law centre for their comment.

He maybe able to get Child Benefit for the 2 girls changed into his name - worth a try at CAB.

Good luck
Q. Hello my name is Alex im a 33year old single parent my son who is 12 has been living with me since 2007. I was made redundant as a field service engineer in nov 09 and i regretably lost my driving licence in feb 10 which has left me at a major disadvantage in gaining employement as a result I am currently unemployed but am in training. I moved back to my
parents with my son( sharing a room) at the end of jan 10. In may 10 my mum was told she had cancer in her lymphnodes and was admittted for sugery mid june I was told by her partner and others in the family that I should move out when my mum is discharged from hospital so she can recover in a less stressful enviroment. My mum was discharged on 28th june and we have been staying with a close friend since 26th june. I have been down to my housing office lb hillingdon and they have told me I could be put up in a b&b pretty much anywhere, I have to leave where we are staying and scared what the future holds,please if you can!
A. Hi Alex

I hope L.B.Hillingdon did not tell you the ONLY option was B&B and it could be anywhere?

It has been unlawful for councils to use B&B accommodation to house homeless applicants with children since April 2004 and they may only do so if there is nothing else available and then it must be for no more than 6 weeks.

Councils are also duty bound to try to house in-borough and may only house out-of-borough if there is nothing else available in borough. The Council also needs to consider where your son goes to school and other locational factors in terms of what accommodation they offer you. The law says it has to be 'suitable accommodation'.

However before I can offer more advice I need to know where you lived before moving in with your mum? (The Council will want to know this also). Did you rent or own beforehand and why did you leave that accommodation?

The law on homelessness is very complicated and much depends on how different council's interpret the law. There is also loads of case law.

There are some useful references (go to Housing section of this website and click on related articles) and a Local Government Ombudsman report into maladministration by Canterbury City Council last year who appear to have tried to 'brush off' a couple who also had to leave one of their parent's homes. Each case on the facts - but interesting nevertheless.

You would be wise to see if the law centre or CAB offering free legal advice in Hillingdon before you make a homeless application.Try http://www.hillingdonlaw.org.uk/index.php

Good luck
Q. Hello my name is Alex im a 33year old single parent my son who is 12 has been living with me since 2007. I was made redundant as a field service engineer in nov 09 and i regretably lost my driving licence in feb 10 which has left me at a major disadvantage in gaining employement as a result I am currently unemployed but am in training. I moved back to my
parents with my son( sharing a room) at the end of jan 10. In may 10 my mum was told she had cancer in her lymphnodes and was admittted for sugery mid june I was told by her partner and others in the family that I should move out when my mum is discharged from hospital so she can recover in a less stressful enviroment. My mum was discharged on 28th june and we have been staying with a close friend since 26th june. I have been down to my housing office l b hillingdon and they have told me I could be put up in a b&b pretty much anywhere, I have to leave where we are staying and scared what the future holds,please if you can!
A.
Q. Hi, I have my children 3 days per week, I am due to become homeless and the local council will not reconise my children on the application as I do not claim child benifit, I have asked my childrens
mother to let me claim one of the child benifits but she said "no" they then told me to get a court order showing I have my children 3 days per week but my solicoter has told me a judge will not give this order because there is allready an amicale agreement in place that works for contact!!
A. Your case involves an overlap between Homelessness - Part 7 Housing Act 1996 & Children Act 1989. The case below seems most relevant.

Despite having your children 3 days per week, the House of Lords unanimously decided in a precedent (binding) case called Holmes-Moorhouse-v-Richmond-upon-Thames LBC at 4/2/2009, that as long as the children were adequately housed with the mother, the other parent could not rely on them staying with him half the week when claiming 'priority need' under Homelessness.

This was despite the father having a shared residence order under the Children Act 1989 from the Family Court. If you want to read the transcript go to www.parliament.uk and use their search engine by typing in the name of the father and council and date.

Earlier homelessness case law suggested that it was possible to have shared residence and possibly shared priority need and/or whoever had the Child Benefit was likely to be the primary carer. This has been overtaken by the Holmes-Moorhouse case above.

It is also true that under the Children Act 1989 if there is an amicable agreement between the parents, then normally the Family Court will make no order at all. The thinking was better to make no order as long as in best interests of the child.

Your case therefore sounds difficult and unless you can claim 'vulnerability' in some other way, it is unlikely any council will offer more than appropriate advice and assistance.All councils must however offer free housing advice to anyone who asks - see what your council advises you to do.

Each case is unique to the facts and event he case law above might not be applicable in your case. Try another source of legal advice.

Good luck
Richard Paris
Housing Law Education