Cornwall Council was recently found by a Local Government and Social Care Ombudsman investigation to have made a host of significant failings when it accommodated a vulnerable 17-year-old boy in a tent and caravan over a summer. The investigation found that the council had provided inappropriate accommodation and had failed properly to assess the boy's ability to make decisions about his own safety, instead trying to place responsibility for the situation on the boy himself. It also found that the council did not plan adequately to have enough accommodation for young homeless people, and did not co-ordinate well with other local services such as mental health services.
Inadequate accommodation
The events in this case took place over the summer of 2016. The boy had a history of cannabis use and child and adolescent mental health services had previously noted concerns about his mental health. Having been arrested for drug dealing, he had been prohibited from returning to live with his father and was instead housed in supported accommodation in another town. He was evicted from this placement for breaching conditions of his stay and became homeless. The boy refused an offer from the council of supported accommodation 30 miles away from the area he knew. He was instead helped by a social worker to purchase and pitch a tent, despite the objections of his mother, who lived a long way from Cornwall and was unable to accommodate her son herself because of the risk to the other children she fostered.
The boy asked for accommodation on a number of occasions. The local authority also received two calls about his welfare, once after he had been found in an abandoned building having set fire to a mattress to keep warm. Around five weeks after first being given a tent, it was decided that the boy was at such risk that he should be moved to a static caravan on a different site. The following week he reported being sexually assaulted by a man in a car. There is no evidence that the social workers involved considered whether to take any action, under section 47 of the Children Act, to safeguard him. Around a month later, he was moved to bed and breakfast accommodation and a few weeks later he was detained under the Mental Health Act, which lasted for 11 months.
Assessing needs
Many of the problems in this case relate to two issues - the boy's reluctance to accept the accommodation offered on certain occasions and a lack of appropriate assessment of his needs, and Cornwall Council's struggles to ensure that appropriate accommodation is available. While local authorities should always consider the views and wishes of children or young people when deciding what support to offer, they must balance these views and wishes against the child's age and understanding, and consider all physical, mental and emotional needs. A lack of co-operation on the part of the young person is no reason for the local authority not to attempt to carry out its duties under the Children Act 1989. As ombudsman, Michael King, stated in this case: "It is true the boy in this case showed difficult behaviours. However, this is exactly why the Children Act exists to support the most vulnerable in our society and councils should not apportion blame when help is needed."
Availability of housing
In this case the council was ordered to pay the, now young man, £2,500 for the effects of its actions on his mental health, lost opportunities and placing him at risk, and the boy's mother £1,500 for the severe distress and frustration it caused. The ombudsman also called on the council to review its policies to ensure its procedures for accommodating 16- and 17-year-olds comply with statutory guidance, and ensures it properly considers whether the wishes of young people are rational if they refuse accommodation. It should also draw up an action plan to ensure there is sufficient accommodation for homeless young people.
POINTS FOR PRACTICE
- While it would be usual for a local authority to accord with the wishes and feelings of a 16- or 17-year-old, there are circumstances where they should consider if the young person is able to properly give their views. Mental illness, child sexual exploitation and other circumstances where the young person is under duress all create conditions where a young person might not be able to properly express their wishes.
- A child does not have to be on the streets to be classed as homeless. They may be considered homeless when their home is not suitable or they do not have the right to stay where they live.
- Bed and breakfast accommodation is not normally considered suitable for accommodating homeless applicants, and is considered especially unsuitable for 16- and 17-year-olds. Young people should not be placed in "all-ages night shelter provision, even in an emergency".
