Legality of kids in restricted council housing

goz83

is it legal for a father to have two kids, (boy and girl) aged 6 & 8 staying with him, 3+ nights per week in a 1 bed DCC accommodation?

My brother finds himself in a confusing situation and I am wondering about the lagalities, rather than seeking legal advice. The usual websites don't seem to cover these circumstances and one body gives opposing information received from a different body.

According to a senior DCC staff member, It's perfectly fine to have two kids of different gender sleeping in the "one bed" with their father.

According to the dept of social welfare (with regards to rent allowance), he cannot live in anything with less than 2 bedrooms for the kids.

MarkAnthony

I'm open to correction but I don't think you're going to find a 'law' as such. You'll be looking at local government guidelines. Ultimately you'd be looking at a Judicial review of a decision made by someone who is weighing two competing claims:

(i) A father with (perhaps) less than 50% custody who is already housed and the needs of his children

(ii) the hundreds (if not thousands) of families on council housing lists who aren't housed at all.

Given the propensity of higher courts to fall back on the old resources chestnut I wouldn't be inclined to take this a legal route. I think the best he can do is appeal to the bodies involved, perhaps involve a TD etc.

I've mixed feelings on this one I have to confess. If the children have a more suitable home with the mother then perhaps they should be staying more nights with her purely out of practicality.

goz83

MarkAnthony wrote: »

I'm open to correction but I don't think you're going to find a 'law' as such. You'll be looking at local government guidelines. Ultimately you'd be looking at a Judicial review of a decision made by someone who is weighing two competing claims:

(i) A father with (perhaps) less than 50% custody who is already housed and the needs of his children

(ii) the hundreds (if not thousands) of families on council housing lists who aren't housed at all.

Given the propensity of higher courts to fall back on the old resources chestnut I wouldn't be inclined to take this a legal route. I think the best he can do is appeal to the bodies involved, perhaps involve a TD etc.

I've mixed feelings on this one I have to confess. If the children have a more suitable home with the mother then perhaps they should be staying more nights with her purely out of practicality.

Thanks Mark. In this case, the mother is unable to have them full time due to poor health. It's quite a messy situation I won't go into full details, but my brother has them for 4 days and 3 nights usually.

One eyed Jack

goz83 wrote: »

is it legal for a father to have two kids, (boy and girl) aged 6 & 8 staying with him, 3+ nights per week in a 1 bed DCC accommodation?

My brother finds himself in a confusing situation and I am wondering about the lagalities, rather than seeking legal advice. The usual websites don't seem to cover these circumstances and one body gives opposing information received from a different body.

According to a senior DCC staff member, It's perfectly fine to have two kids of different gender sleeping in the "one bed" with their father.

According to the dept of social welfare (with regards to rent allowance), he cannot live in anything with less than 2 bedrooms for the kids.

Is it legal? Certainly.

But the key point in your post there is with regard to your brother's assessment for rent allowance. I'm reminded of a case which was in the media recently -

THE SIMON COMMUNITIES have welcomed a High Court decision that the Department of Social Protection must review a decision to grant a single person’s rent allowance to a father with joint custody of his four children.

http://www.thejournal.ie/singe-father-rent-allowance-1754713-Oct2014/

goz83

One eyed Jack wrote: »

Is it legal? Certainly.

But the key point in your post there is with regard to your brother's assessment for rent allowance. I'm reminded of a case which was in the media recently -





http://www.thejournal.ie/singe-father-rent-allowance-1754713-Oct2014/

Rent allowance of €950 has been granted several months ago after some battling. Here's the kicker; it's nearly impossible to find somewhere that:

A) accepts rent allowance in this current market.
accepts the above and chooses a male. There is certainly discrimination here.

This has made it impossible to find anywhere. He did find a 1 bedroom below the budget a couple of mo ths ago, but SW would not grant the allowance for that accommodation, because "there are two children of mixed gender".

Wheelnut

There has to be a tenancy agreement between this man and the council, and it's the terms of the agreement that count. If the property is "restricted housing" there are probably conditions about how many people can live there and what sort of people. (for instance: OAPs)