Occupation order decision process

Eligibility factors

  • The order will be granted if the court strongly believes that it will benefit and prevent the suffering and significant harm to the applicant if the order was not made.
  • The order will also be granted when significant circumstances prevent a person legally entitled to live in their own home cannot.

How to apply for an occupation order

  • You need to assess if you meet the conditions in the previous paragraphs.
  • To apply, fill in the FL401 form.
  • To apply for an occupation order, you need to complete a Form FL401, and you do not have to pay a fee to fil in the form, but fees may apply, if you decide to hire a lawyer to challenge the case outcome. If this is the case, you may look for legal aid.
  • View a sample of Form FL401 at " https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order"
  • The order can be made within 24 hours in an emergency and can be extended to a maximum of 6 months.

The occupation order decision process:

  • the decision will be based on the applicant housing needs.
  • the applicant(s) mental and physical health assessment.
  • The applicant financial needs
  • The applicant general behaviour
  • If there are children involved, they will also assess their wellbeing and safety.
  • Taking into consideration will be the balance harm test which measures how likely the child or children will suffer if the order is not granted.
  • The court considers the housing needs and finances of the parties and their behaviour along with the safety and wellbeing of children and the mental and physical health of the applicant.
  • They will also apply the balance of harm test, which balances the harm the applicant or child would suffer if the order were not granted.