custody battle and relevant LHA rate

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    Would appreciate any views on the following. The Cl is currently residing alone (1 bed LHA rate applies), but has her children to stay every other weekend and one afternoon a week after school until 7pm . She is however in the process of a custody battle with her ex-partner (the children currently reside with him).

    Social services have advised that she will not be considered for custody until she finds more suitable accommodation (2 more bedrooms). Our Housing Dept is trying to provide her with a suitable option for this.

    My view is that until (and if ) she is awarded custody her claim would only be based on the 1 bed rate as the children are not considered resident with her, and that the only option would be to consider a DHP until the time of the hearing.

    Thanks in anticipation!


    You are right – it is 1 bed only as the law stands for now. But this is a perfect example of why I think there is a case to be made under Article 8 of the ECHR – see [url=]this thread[/url] for a wider discussion.

    Although Article 8 was briefly mentioned in the original Marchant case, the issues were really not aired at all. Here is the sum total of what the Court said (at para 41):

    [quote:acd54b0d1e]Article 8 of the European Convention on Human Rights cannot be taken as imposing upon the state a requirement to provide two homes both large enough to accommodate the children of a couple if that couple split up. That would go far beyond “respect” for family life.[/quote:acd54b0d1e]

    That barely scratches the surface and it doesn’t deal with “interference” with family life either, which is also referred to in Article 8.


    Thanks for that Peter, and I agree with your thoughts

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