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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Social service say that we have to move to leeds as I am not

Customer Question

Social service say that we have to move to leeds as I am not working I have 4 children. But their dad leave in london and he is not working at the moment. So if the children force to go to leeds they will not be able to see him. Is social services breaching my kids human rights and are they consideringredients the section 17. Dad also have one child leaving in london and she is very close with my kids. The housing department say they will not help as I am homeless by my own fault.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why are Social Services involved and why do they wish you to move to Leeds with them
Clare
Customer: replied 3 years ago.

Because the housein department say I was homeless through a fault of my own


So I was referred to the social services


 


and they says because I am not working leeds is where they can fine affordable accommodation due to the benefit cap. But the kids are very close to their father and he helps in everything thing that concerns them.

Expert:  Clare replied 3 years ago.
Hi
How did you become homeless?
Clare
Customer: replied 3 years ago.

I was charged with obtain property by givenotice force information. The council did take the property back. And I was evicted.

Expert:  Clare replied 3 years ago.
Hi
What false information did you give?
have you asked their father for help?
Clare
Customer: replied 3 years ago.

Yes I have ask him but he said he just lost his job. I did got the property through false information.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but there are no Human Rights issues involved here
Your children will still be able to have a relationship with their father - either staying with him in London or him visiting them in Leeds
Equally it is open to you to find alternative suitable accommodation that you can afford
You can certainly seek help from the charity Shelter
www.shelter.org.uk
But the reasons you are homeless makes it unlikely that you will be able to make a successful appeal
Please ask if you need further details
Clare
Customer: replied 3 years ago.

He is not working so can not afford to travel regular

Customer: replied 3 years ago.
Relist: Inaccurate answer.
Expert:  Clare replied 3 years ago.
Hi
I am sorry but that fact does not change the circumstances.
You are caught by the iniquitous "bedroom tax"
The Local Authority have no responsibility to rehouse you given the circumstances and all Social Service s have to do is identify a place where you could live.
They have - in Leeds.
You do not have to accept this and can find your own accommodation if you wish.
There is no action that you can take
Clare