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Occupation Order and Social services

  • Gawainsgoverness
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28 Jul 12 #345810 by Gawainsgoverness
Topic started by Gawainsgoverness
Last September I obtained an occupation order allowing me and my children to return to the FMH in October.
My ex lived there with one of our children. He is a "hoarder" and the conditions were such that we were not able to get enough space clear to move in until January. This was when I discovered that virtually everything we were meant to use was broken or removed (washer, cooker, shower, cold tap, TV aerial, electrics, radiator etc) The ex was hostile, and within a week falsely reported me to Social services for abusing my two year old.
Although Social services dismissed that allegation, a report by my health visitor on our living conditions led to Social Services ordering me to remove the children from the house, or face them going into care. So, back to 7 of us in a two bed house.
After missed deadlines, failed mediation etc, my solicitor was supposed to be taking the matter back to court. However she now says she is not going to.
She has told me to move back in as I have a court order. If I do that SS will remove my children. What can I do?
Selling the house is not a viable option at the moment.
I am stuck. Social services are no help, saying this is now a legal matter, yet I don''t feel I am getting any help from my solicitor. Is there any help or hope?
Thanks!

  • dukey
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29 Jul 12 #345884 by dukey
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Is it a legal aid solicitor?.

My gut feeling is you need to go back to court to get some direction from a judge, if the house is in such a state as SS are talking about taking the children obviously you can`t live there, there must be a solution though even if it means selling, perhaps you could be compensated from the reduction of value in another way, does he have a pension, are there any other assets.

  • Gawainsgoverness
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29 Jul 12 #345906 by Gawainsgoverness
Reply from Gawainsgoverness
Yes, legal aid solicitor.
A big factor in our being unable to live there is the hostile atmosphere generated by the ex and his girlfriend, who is there most of the time. My solicitor was going to try for a variation on the order to remove the ex. This would end the hostile atmosphere and give us access to things we are presently locked out of - a functioning bathroom for starters! Social services are. fine about my teenage (14) son who lives there - because he can wash, has cold water etc.
As for compensation, very tiny pension - literally a few pounds a year. Ex is self-employed, and very skilful at minimizing his income officially at least. The house is a long way from saleable . A sale would not realize enough funds for a new home for my family, I can''t find a rental property large enough for 5 kids in my price range, and the council tell me if I agree to sell I will be voluntarily homeless;they will have no obligation to rehouse us, and in any vs@e they have little suitably sized housing stock, so it would be a ling wait. This is why I was awarded the order in the first place - the difficulty of getting alternative accommodation.I really need to live in my own house, and need a way of doing this.

  • hawaythelads
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29 Jul 12 #345908 by hawaythelads
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You should work with social services to get emergency home improvement grant.They are available.
Saw it on Saints and scroungers it''s an interest free non repayable loan until you eventually sell the house.
I personally feel you should approach them and say ok you wanna put my kids in a home how do we get this fixed up fit for purpose.Common sense will prevail.
Contact your local mp to help you also.
All the best
HRH xx

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29 Jul 12 #345910 by hawaythelads
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Get the ex out definately first and then spend all the time doing as much as you can with help from kids friends any family to start clearing all the shxt out of it.
All the best
HRH xx

  • Gawainsgoverness
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29 Jul 12 #345929 by Gawainsgoverness
Reply from Gawainsgoverness
Thanks for the advice re grants, and the MP. Sadly the local SS haven''t proved very helpful. Once we were out of the house, they weren''t interested. All they can. say is, there is nothing we can do, this is a legal matter.
As for getting the ex out - that was the plan - go to court, vary the order to get him out, and sort out the house He will not budge unless forced to by the court. So, how to get him out?
As long as he is there though the SS will not countenance our return, because of the atmosphere.

  • epitome title
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29 Jul 12 #345930 by epitome title
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Hi

This is a question I had not thought about before but the OP has popped it into my mind ....

If you are paying your solicitor privately, you can "instruct" him to do something, is this not something that you can do with a Legal Aid Solicitor?

It doesn''t seem right that a solution would be to take it back to court and have your ex removed from the FMH so that you and the children can move in, and in the meantime get grants as HRH said to clear the place up, but your solicitor decides not to take it back to court? Did she give you her reasoning behind her decision? Seems a common sense solution to me, are you nearing your agreed limit for fees for her?

xx

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