Mother 'wrongly' made homeless

A young mother who was driven from her home by violence has won a ground-breaking victory to be re-housed by her local council.

When Shinead Bond, 22, left her home in Kirby Forth, she was declared "intentionally homeless" by Leicester City Council.

Although the council accepted she was a victim of domestic violence it said she was not entitled to a new council home.

There had been domestic violence in the past, such that she had twice before left her accommodation

Lady Justice Hale

Judge O'Rourke at Leicester County Court upheld this view but on Tuesday the ruling was overturned at the Court of Appeal.

Two senior judges said the council had failed to ask itself "the right question" - whether she was likely to be victimised again by her boyfriend if she stayed in the home.

The decision means the council must now re-house Miss Bond and her two young children.

James Stark, counsel for Miss Bond, told the court that former boyfriend Martin O'Neill had "forced" her out of two previous addresses in Leicester.

Stone throwing

In January 1999 she moved to Kirby Forth and briefly resumed her relationship with Mr O'Neill.

After the break, "he continued to visit the premises, sat in the back garden, shouted and threw stones at her windows," said Mr Stark.

She moved out in July 1999 to live with family and in February last year applied to the council for re-housing.

She was only offered her former home, to which she felt unable to return.

'Erred in law'

That was followed by the council's ruling in August that she was "intentionally homeless" and not entitled to be re-housed.

Lady Justice Hale, sitting with Mr Justice David Steel, said the council had "erred in law".

"There was abundant material upon which they could have reached the conclusion that further domestic violence was probable if she stayed.

"There had been domestic violence in the past, such that she had twice before left her accommodation with two young children to escape it."

Had the council asked itself "the right question", the judge said it was "more likely than not" that it would have accepted its duty to re-house Miss Bond.

She will now take precedence on council waiting lists.