Legal News

Brent Council have agreed to review the case of a pregnant woman who was due to be evicted from her bedsit in a Kilburn hostel.

Jahnice Marshall is expecting her first child, and is also foster parent to Shannan, 16, and Raymond, 13. Their mother has been detained under the Mental Health Act.

Ms Marshall has lived in her bedsit in Priory Park Road, Kilburn, for the last seven months. She was offered alternative accommodation, but in unsuitable locations. The locations chosen for her are in areas which she felt were not safe for an expectant mother and two children.

To avoid eviction, Ms Marshall locked herself and her foster children in her bedsit while the Brent Housing Action (BHA) staged a protest outside. The Brent Housing Action is a community group which was set up to fight for housing and benefit justice.

Robin Sivapalan from the BHA described the situation as “farcical”, and warned that the stress of the situation could have put the health of both Ms Marshall and her unborn child at harm.

Jahnice Marshall said: “It has been a big pressure on us. The fact that I am pregnant - I never thought I would be go through so much stress. It is horrible how these people have treated us.”

Councillor Mary Arnold visited Ms Marshall to offer her assistance. She spoke to Ms Marshall on the phone to avoid having to take down the barricade. Councillor Arnold was horrified to learn of her plight and requested for a stay of execution and review.

Councillor Arnold told The Times: “I am very shocked that this family has had such a disastrous experience. It’s not rocket science to find out about the family’s housing needs and the support for the children and we really need to get our act together to coordinate a good solution.”

The work done by the BHA and Councillor Mary Arnold to help Ms Marshall is important as, in cases such as this, the individual cannot afford legal aid solicitors to represent them.

What are the rights of pregnant women?

Shelter provides advice concerning the rights to social housing for pregnant women. If a landlord wishes to evict a pregnant woman, the council “has a duty to help as if you were already homeless.”

If homeless, the council is legally required to help find a place to live. Being pregnant means that a woman is automatically in priority need and, therefore, emergency accommodation should be provided. Emergency accommodation is meant to be short-term, and is usually a bedsit or a room in a bed and breakfast hotel.

Right to decline alternative housing

Jahnice Marshall had been offered alternative housing, but had declined it. If accommodation is offered which is deemed unsuitable, the individual should explain to the council why it is not suitable.

Shelter advise that, in practice, the suggested accommodation has to be “very unsuitable” for the council to consider alternative accommodation. In Ms Marshall’s case, the reason given was a fear of violence. This may be justified, but it is not possible to know in this instance without further investigation. The fear of violence could be a general problem within a neighbourhood, or could be due to proximity to specific individuals.

Duncan Lewis has a skilled legal team who deal with matters similar to this. We can provide assistance with issues relating to local housing authorities and housing applications.