A pregnant woman or mother trying to keep her child and herself safe from domestic abuse faces enormous challenges where she has no recourse to public funds. Children’s services must provide support to a child in their area who is assessed as in need, to help their family care for them and keep them safe.
You can ask for the child’s needs to be assessed. You should explain how the child’s health or development is affected. Also set out what help the child’s mother thinks is needed and why it will help her child to stay safe and thrive. A child who is homeless or living in an unsafe environment is likely to be considered to be a child in need.
You can refer to section 17 (6) of the Children Act 1989. This states that children’s services may provide families with practical help (including cash) to buy essential equipment, food and other necessary items or even help with housing costs.
You can also highlight that schedule 2 paragraph 5 of the Children Act 1989 under which local authorities can provide accommodation to an adult in order to protect a child.
If the mother has uncertain immigration status, it might be more difficult to obtain this form of help and in some circumstances children’s services may pass on their details to the Home office.
If the mother is concerned about this happening, it is important that she gets specialist immigration advice before approaching children’s services.
Do ask for a copy of the local eligibility criteria.
You can also remind children’s services of the relevant case law in R (G) v Barnet (2004) which states that a destitute child will be a child in need if:
- They do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met); or
- They have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs.
You may be able to clearly show how the mother and child you are assisting fit this description of destitution and therefore need help to address it.
Where children’s services state that they will financially support or accommodate a child only and not the child’s mother this should be challenged. The mother should get the help of a solicitor, where possible. You can point out that the local authority should house a family together to prevent a breach of their human rights. You can reiterate children’s services section 17 (3) Children Act 1989 powers to provide support to a whole family if it safeguards and promotes the child’s welfare.
This can be a difficult area of advocacy so do look at where you and the family can obtain further help.