What are your rights if you are made homeless with children?

New figures have revealed that on average 172 families are handed a no-fault eviction in England every day. Credit: PA

By James Gray, Multimedia Producer

Data shared exclusively with ITV News has revealed the alarming rate families in England are being made homeless from private rented accommodation.

Figures from the charity Shelter show on average 172 families are handed a no-fault eviction every day - equating to 5,223 per month.

As the crisis shows no signs of easing, ITV News explains what support is available if your family is made homeless.

250,000 families homeless as councils run out of temporary accommodation

What are your rights if you are made homeless?

Councils in England must help if you are legally homeless or will become homeless in the next eight weeks.

Various levels of support are also available for those without a home in Northern Ireland, Scotland and Wales.

Support can include general advice, an offer of emergency housing and help with finding longer-term housing.

The type of help you are eligible for will depend on your circumstances, such as what led you to becoming homeless.

What does 'legally homeless' mean?

Advice on GOV.UK says you may be legally homeless if:

  • You have no legal right to live in accommodation anywhere in the world

  • You cannot get into your home, for example your landlord has locked you out

  • It is not reasonable to stay in your home, for example you are at risk of violence or abuse

  • You are forced to live apart from your family or people you normally live with because there is no suitable accommodation for you

  • You are living in very poor conditions, for example overcrowding

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What are your rights if you are made homeless with children?

In the situation that you become homeless with children you may be prioritised for support.

If you live with "dependent children" - any person aged 0-15 - then you will be made a priority to be rehoused.

The same is true if children under the age of 19 are living with you, who are also studying in full-time education.

Councils in England must provide emergency accommodation to those who are classed as a priority.

Additionally, other groups who can meet this criteria include pregnant women, those made homeless from a flood, fire or other disaster, and if you are assessed by a council as being 'vulnerable' - for example as a result of domestic violence.

Emergency housing must also be provided to those awaiting a final council decision as to whether they have been classed as legally homeless or a priority.

What types of emergency housing are available?

According to the charity Shelter, emergency housing can be basic in its standard and quality.

Those entitled to emergency housing could be offered one of the following:

  • A self contained flat

  • Hotel or B&B

  • Hotel or refuge with some shared areas

Self contained housing is more likely to be offered to families with children, although hotels and B&Bs can be used in emergencies.

If you have children you should not usually have to stay in a:

  • Privately owned B&B where you share a bathroom, toilet or kitchen with other people

  • Hotel or other accommodation without any cooking facilities

Councils must move you somewhere more suitable within six weeks, if you do have to stay in either of these options.

Low-income renters totally priced out of housing market, data shows
Councils in England must help if you become legally homeless. Credit: PA

Where can emergency housing be?

Councils must try to find emergency housing within the area they cover, but you could be offered something in a different council area, depending on what housing options are available when you apply.

If possible, you are encouraged to make an application for emergency housing in advance of yourself becoming homeless. Doing so will give a council more time to find a suitable solution.

In the event that you are housed in a different council area, an authority must consider the following beforehand:

  • Travel time to work

  • Disruption to children's education

  • Caring responsibilities and local support networks

  • How easily you can reach hospital and other important appointments

Generally, councils should also try to minimise disruption to a child's education at key points, including the run-up to GCSEs.

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