AN Evesham mum and her two children are preparing to spend Christmas in a domestic violence refuge after being driven out of their home by her former partner six months ago.

The woman, who has asked not to be named, says she cannot go back to her home in the town as her four-year-old son, who witnessed the violence, has nightmares and is terrified the man may return.

However, she cannot be declared homeless and given priority for rehousing as she still has the tenancy on her former home in the town. She is not prepared to give this up in case the council then says she made herself voluntarily homeless and refuses to help.

She said: "I am not scared myself any more. This happened six months ago and I just want to put it behind me and get on with my life, but my son has been badly affected.

"I would move back to the house if I was on my own but I can't put my son through that."

She and her son locked themselves in the bathroom when the man broke into their home in July after banging and shouting to be let in. Fortunately her daughter was staying with friends.

She said: "I appealed to him to stop as he was scaring us. We were both terrified."

She called the police on her mobile telephone and the man has since been to court over the incident. She now has a court injunction against him.

To keep some stability in her children's lives, she has continued to send them to school in Evesham, which means a 35-mile round trip twice a day from the refuge. She spends about £40 per week on petrol.

Initially she contacted Wychavon District Council for assistance then went to Worcester City Council but had no joy in finding a house there either. She returned to Wychavon council in November and applied to be classed as homeless saying she couldn't return to her original house.

Wychavon refused, saying it thought she could go back, and instead put her on the housing waiting list.

"To start with I was really down on myself as it had affected me badly too, but then I started to pick myself up again, but this has been going on for so long and I still don't have a home. The strain is starting to tell again," she said. "It is not good for the children either. The refuge is OK and the people are nice, but it is only meant as a stopgap, not as a long-term option. The children need somewhere where they feel safe and quiet, particularly at Christmas.

"There has been lots recently about domestic violence and Wychavon held a domestic violence forum, but I am still feeling as if I have no support or sympathy when I most need it."

Speaking on behalf of Wychavon District Council housing section, press officer Sylvie Dalton said: "There was an incident involving the police and this lady and she was placed in a refuge in the summer.

"She decided she wanted to live in Worcester and we believe applied to Worcester City Council for a house.

On November 21 she contacted the housing section at Wychavon and said she wanted to move back to Evesham.

"Wychavon suggested she applied to the council and she was invited to talk to a member of staff. It was felt that her present home was safe for her to return to. However, she can appeal against this decision if she feels it is wrong and the council will be happy to look at her case again."