A MOTHER and her daughter are homeless after being kicked out of their council house.

Glynis Thurlwell and her 12-year-old daughter, Alice, were ordered to leave yesterday after an eviction hearing at York County Court.

But Ms Thurlwell has not been forced to leave because of antisocial behaviour, but due to a legal technicality.

As The Press reported last year, the family home in Danesfort Avenue, Acomb, was in the name of Alice's dad and Ms Thurlwell's late partner, Darren Oxtoby, who died in his daughter's arms following a battle with alcoholism.

Because Mr Oxtoby had fallen into rent arrears to City of York Council the legal right for the property to be transferred to his daughter and partner was forfeited.

The council did give the family a reprieve over Christmas, but have refused to budge on the issue of whether she and her daughter should be evicted. Ms Thurlwell, 49, was told the eviction hearing would take place yesterday, but she believed a further two-week reprieve would almost certainly be granted by the judge.

The judge refused to grant the temporary reprieve and Ms Thurlwell said the council told the court they would not be re-homing her because she had already been evicted from three of their properties.

Ms Thurlwell denies this, although admits she had been evicted from one previous property after falling behind with the rent.

She said: "I think it's wrong. If it was just myself it would not be so bad, but Alice has been through so much. She had a road accident a year before her dad died and then she saw her dad die in front of her. For a 12-year-old she has gone through so much and now she's getting evicted from the only home she has ever known."

Ms Thurlwell's sister said they could stay with her last night, but she fosters children so already has a full house.

Today, Ms Thurlwell said she would be contacting the Salvation Army to see if they could provide her and her daughter with a roof over their heads.

She also will be deciding whether to accept the council's offer of emergency bed and breakfast accommodation in Scarborough after presenting herself as homeless at the council's offices in York.

She will also need to arrange to collect all her belongings including clothes, furniture and white goods, which the council will be storing for her.

A council spokeswoman clarified the claim that Ms Thurlwell has been evicted three times from council property. She said those three times including the current eviction notice, the one relating to Middleton Road and also an occasion ten years ago when Ms Thurlwell left a property in Mowbray Drive. Because the council then went and changed the locks this was also counted as an eviction, although Ms Thurlwell had left of her own accord.

Regarding the plight of Alice a council spokeswoman said: "Council departments work together in these situations to ensure that the needs of any children involved are met.

"The impact of any action by the council is always carefully considered and, in enforcing any action, we do so with the intention of minimising the distress caused to any children involved."