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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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Me and my are both exoffender and are on an ipp license we

Resolved Question:

Me and my are both exoffender and are on an ipp license we both live in different probation areas and we want to move closer together we are engaged he has been offered a bed sit where he lives and I am planning to move up the housing association say its OK for the both of us to stay there but we are concerned that probation will say no if they do what can we do I no we are on ipp licenses but we still have a right to live together
Submitted: 2 years ago.
Category: Family Law
Expert:  Jo C. replied 2 years ago.
Why should they say no? What is the nature of your offending?
Customer: replied 2 years ago.

mine is arson he has a sex offence my probation officer is 100% behind me but he thinks that his probation officer will say no to us living together in a bedsit

Expert:  Jo C. replied 2 years ago.
They are entitled to do that.
They do have to have a reasonable objection. On the face of it, I cannot immediately see one but I suppose I am not in possession of full vision of your cases and licence conditions.
However, in principle, if you have both been released on licence then you do have to live as directed by Probation and they are entitled to object to your address and living arrangement.
Unless the offences were committed together or there was some assistance I cannot immediately see an objection.
You can always complain about the decision of Probation to the Ombudsman. You can also judicially review their decision although that is expensive. Those are your appeal options.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

we both have the standard 11 conditions, he wants a flat so we would be able to live together so he turned down the bedsit and is waiting for an offer of flat and when he has posed the question to his probation offficer about me living with him see refuses to even responed to the question where as mine is fully supportive

Expert:  Jo C. replied 2 years ago.
Yes, they might be considering different issues. Or they might just be being unreasonable.
Customer: replied 2 years ago.

they keep saying its your human right to be together so if they proceed to stop us living together would that not infringe on our right to a family life we also plan to get married this would require us to live in the same place for seven days so not being able to live together would also infringe on our right to go get married would it not?

Expert:  Jo C. replied 2 years ago.
No, you don't have a human right to be together although I imagine you have never suggested that you do.
The right to a family life has always been a right from which there can be derogation and a good reason would be licence conditions.
Customer: replied 2 years ago.

we have the 11 standard conditions which applies to all ex offenders on licence but our relationship would not undermine that licence if we lived together or probation would have put a stop to our relationship already, my probation officer has said to me directly we can not say to you to not to be together as this would breach our human rights, so in turn if the landlord is happy with me living there and its already assessed as suitable by his probation officer for him to live there. so there should be no reason it being assessed as suitable for us both as the landlord has already agreed this is ok so he is worried that his officer would turn round and say its too small even tho the landlord says its suitable for two people to live there.

Expert:  Jo C. replied 2 years ago.
I will obviously not know why probation object. I have covered your appeal options above.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
My colleague has explained what the options are if your partner's probation officer will not agree
You can appeal it with the Ombudsman or apply for a judicial Review
You can certainly argue that there is no reason what you should not live together and quote the right to a Family life - but it does not guarantee success since you are both currently on licence
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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