A Freedom of Information request by the BBC sent to all London councils revealed figures for the number of councils who accommodated 16-and 17-year-olds under Section 20 of the Children Act 1989 were low or incomplete.
Homeless children getting in touch with their local authority were reported to be "misled and unsure" when making decisions regarding their accommodation and wellbeing, with some being placed under Section 17 of the act which means they are not classed as looked after.
Earlier this year, a teenager took Lambeth Council to court after being placed in hostel arguing that the local authority failed to provide her with appropriate accommodation under Section 20 of the Children Act 1989.
Serenity Welfare chief executive Emily Aklan said: “The situation homeless teenagers are finding themselves in is not only dangerous, but extremely concerning. Purposely misinforming vulnerable young people about their care options represents the actions of a government who prioritise saving money over children’s safety. This worrying and illegal practice is in direct violation of Section 20 of the Children Act and needs to be stopped immediately.”
Under Section 20 of the Children Act 1989, most 16-and 17-year-olds who a local council identify as homeless should be taken into care, according to the BBC.
Child advocacy charity Coram Voice told the BBC that they believe thousands of 16-17 year-olds hadn’t been treated in accordance to child protection laws.
Andrew Dickie, head of services at Coram Voice, said: “Again and again, we find children tell us that they've not been given the full picture about what support they're entitled to. Children tell us that they have signed agreements to accept Section 17 instead of Section 20 support but did not fully understand their options. Children tell us that they feel that they have been tricked or misled about their options and pushed into rejecting being taken into care.”
Children under Section 20 should have a personal adviser who can help with accommodation arrangements as well as their education and career.
Alicia Walker, head of policy, research and campaigns at youth homelessness charity Centrepoint said: "Many local authorities lack the high quality and age-appropriate supported accommodation we should expect children to be housed in. These are exceptionally vulnerable young people who need stability, support and a sense of safety so they can get ready for adulthood. They’re not going to get that from low quality, all-age accommodation that could put them at risk."
In response to the latest figures, the Association of Directors of Children's Services (ADCS) vice president Andy Smith said: "We take our duty to look after vulnerable young people seriously, for some entry into care via Section 20 is the most appropriate option, for others, accommodation and support that requires a less intrusive nature can be provided via Section 17 of the Children Act 1989 and also be the most appropriate option to enable young people to remain in their local communities.
"Regardless of the legal status, young people are always involved in decisions that affect them, and arrangements are reviewed in light of the ongoing needs, views and progress young people make, and may change over time.”
James Thomas, safeguarding lead at the Association of London Directors of Children's Services, has also said: "We are confident that services do respond in a way that puts the interests of children first and this, rather than cost, drives the decisions made about their care.
"Ofsted inspections of local authority children's services carefully scrutinise the assessment and subsequent response of each local authority to young people who present as homeless. It is encouraging that in Ofsted's judgement over 80 per cent of London's children's services are considered 'good' or 'outstanding'. As with all areas of practice, we need to listen and learn from young people's experience of our homelessness responses and continue to improve how we work with them."
A Lambeth Council spokesperson said: “We are constantly reviewing how we work to make sure that 16- and 17-year-olds who present as homeless have properly understood the different options available to them and can be supported to make informed decisions. We provide a comprehensive package of support to prevent family breakdown or homelessness and help young people to stay within their families, where it is appropriate to do so. A full range of services including practical, emotional and educational support is offered to young people within our supported housing pathway.
"We have seen a significant increase in our care leaver population, and a lot of this is down to young people who have been accommodated under Section 20, Children Act 1989 at ages 16-to 17-years-old.”
The reports come after more councils passed a motion to treat care-experience as a protected characteristic amid campaigns to protect vulnerable young people.
