Housing Executive

Northern Ireland Housing Executive

The Housing Centre

2 Adelaide Street

Belfast BT2 8PB

Telephone: 03448 920 900: Fax 028 9031 8008

Textphone: 0845 6504381

www.nihe.gov.uk

Mr. Hugh McCloy

Date: 08 March 2010

Dear Mr. McCloy

Freedom of Information Request

I refer to your Freedom of Information request received on the 04 March 2010 regarding your homelessness policy and guidelines on shared parenting and the identification of the primary carer.

In response to your request, I can confirm that the Housing Executive's Homeless Guidance Manual outlines policy and guidance which I trust you will find helpful. I have attached a copy of the relevant section at the end of this letter.

As you will note from the guidance, the matter of deciding issues of residency of a child may be decided by the Courts or by the parents themselves prior to approaching the Housing Executive. In cases where a decision has to be made by the Housing Executive, the factors outlined in section 5.3.2 would be taken into consideration and advice sought where thought appropriate.

If you are dissatisfied with the Housing Executive's response to your request, you can ask to have the response reviewed. A Senior Officer will carry out the review by considering all of the information requested.

Yours sincerely

_____________

Helen Walker

Assistant Director

Housing & Regeneration

5.3 Dependent children

An applicant is in priority need if he has one or more dependent children who normally live with him or who might reasonably be expected to live with him.

The key issues are, therefore:-

Dependent children need not necessarily be the applicant's own children but could, for example, be related to the applicant or his or her partner or be adopted or fostered by the applicant. There must, however, be some form of parent / child relationship; a man with a 16 or 17 year old wife, for example, would not have a priority need under this provision.

5.3.1 Separated parents

When considering priority need criteria in relation to the issue of children from an applicant separated from their spouse or partner, the Housing Executive should firstly consider the issue of residence.

5.3.2 Residence

There must be actual residence (or a reasonable expectation of residence) with some degree of permanence or regularity, rather than a temporary arrangement whereby the child is merely staying with the applicant for a limited period.

In some cases where parents separate, a Court may make a Residence Order indicating with which parent the child normally resides. In such cases, the child may be considered to reside with the parent named in the Order, and would not normally be expected to reside with the other parent.

However, in many cases the parents come to an agreement themselves as to which of them will have care of the child, and in most instances, these are the type of situations the Housing Executive is required to consider.

Residence does not have to be full time and a child can be considered to reside with one parent even where he divides his time between both parents. However, as outlined above, there must be some regularity to the arrangements.

If the child is not currently residing with the applicant the Executive will need to decide whether, in the circumstances, it will be reasonable for the child to do so. An agreement between a child's parents may not automatically lead to a conclusion that it would be reasonable for the child to reside with the parent making the homelessness application.

Difficult considerations arise in circumstances where a child stays a more or less equal number of nights per week with each parent. Similarly, difficulties arise in circumstances in which there is a considerable variation in the patterns of staying over.

Possible issues for consideration:-

The Housing Executive should be mindful that where parents separate, it will often be in the best interests of the child to maintain a relationship with both parents.

Every case must be considered on its individual circumstances. Where necessary, the District Office should seek advice in the first instance from the Centre. If necessary, Centre will seek appropriate advice from the Legal Department.

5.3.3 Dependence

If the Housing Executive concludes that a child does not reside with the applicant nor would such a child reasonably be expected to reside with the applicant, then there is no requirement to consider if the child is a dependent child.

Is the child a dependent child?

The Housing (NI) Order 1988 does not define a dependent child. Normally the Housing Executive would consider children under 16 years as dependent, as well as children aged 16-18 years who are in, or about to begin full time education or training, or who for other reasons are unable to support themselves and who live at home.

The meaning of dependency is not, however, limited to financial dependency. Thus, children over the age of 16 years who are in full time employment and are financially independent of their parents, would not normally be considered to be dependents. However, there may be circumstances where there are sound reasons for considering such children to be dependent, for example, because of insufficient maturity to live independent of their parents.

Is the child dependent on the applicant?

The real issue to be determined is not whether the child is a dependent child, but whether the child is a person who is dependent on the applicant.

In considering whether a particular child is dependent on an applicant, the Housing Executive should not limit itself to a consideration of financial dependency. The relevant enquiries should not be limited to financial dependency, other factors such as emotional and physical dependency may be relevant.

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