Section 17 funding

[Mmmmm1]

Hello all
This is all very fresh so bear with me
My wife withborn and I have separated She has leave to remain. I am aware that she will have social services assessment for section 17 funding.. will she get this funding if I am working and am able to provide for my child?

[Casa]

Hello all
This is all very fresh so bear with me
My wife withborn and I have separated She has leave to remain. I am aware that she will have social services assessment for section 17 funding.. will she get this funding if I am working and am able to provide for my child?

There are multiple issues here, with very little information given in your post regarding the circumstances of the separation and your ability/legal responsibility to provide financial assistance for your wife and child.

Are you saying that your wife has left the marital home with your child and that they are both now destitute?

[Mmmmm1]

Yes but they are living with extended family.
They will also probably be applying for some sort leave to remain using the child who is British citizen
While applying for section 17 funding while they wait for a home office decision

There is no legal responsibility at the moment as it has all just happened and I am still trying to wrap my head around it

My question is why should the state pay anything under section 17 if I am willing take and look after my child and i am a British citizen and I work.

What other questions would you like answered
Thanks

[Amber]

As Casa says it’s difficult to know what your wife has stated and what if any allegations have been made against you. She may not want to have any contact with you and I very much doubt she wants you to have the children, that will be a matter for the family court to decide. In terms of funding under the Children Act that’s normal as the LA have a statutory duty to adequately maintain and accommodate children and that often includes a parent to keep the family unit together. Your wife may also seek child maintenance from you. I suggest you get legal advice for any upcoming child arrangements order you seek.

[Mmmmm1]

Thanks for the reply
I’m aware the council have statutory duty to care a child in need. My confusion is that why would the council dip into its public purse when it has a parent perfectly willing and able to pay for his own child?

I don’t want contact with her, I just want take care of my child without using money from the public which could go to much worthier causes

She has made allegations where the police didn’t even bother to question me because they were baseless and with no evidence and because she has been advised that it’s a possible route to stay in the country

[Amber]

Exactly so you need to seek a solicitors advice about a child arrangements order application. If she’s on a spouse visa she may be able to apply for settlement under the domestic violence provisions and soon have access to public funds. We can’t advise any further on this matter.