What are the existing laws? There are two different statutory frameworks governing local authority duties to provide accommodation and other support and services to young people aged 16 and 17 who are homeless. Duties to provide accommodation and other support to these children fall on local authority children's services departments (under the Children Act 1989) or on housing authorities (under the Housing Act 1996).
What are the obligations of children's services departments? Section 20 of the Children Act 1989 places a duty on local authority children's services departments to provide accommodation to children who are "in need". Children will be in need if there is no person with parental responsibility; they have been lost or abandoned; or the person caring for him or her has been prevented from providing the child with suitable accommodation or care. Children aged 16 and over will be owed a duty where the local authority considers their welfare will be seriously prejudiced if they do not provide the young person with accommodation.
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