Legal Update: Support for homeless young people
Kamena Dorling
Tuesday, May 29, 2018
Kamena Dorling, head of policy and public affairs at Coram Children's Legal Centre, examines new government guidance on providing the right support for young people who are homeless.
A recent report from Centrepoint estimated that in 2016 to 2017 around 86,000 young people approached their local authority for help as they were homeless or at risk of homelessness in the UK. Yet in more than half the cases no positive action was taken to improve the young person's situation. From its work with homeless children and young people in recent years, Coram has found some children's services to be failing in their legal duties, turning children away without performing a proper assessment, or without providing the support that children need. Last month, the Department for Housing, Communities and Local Government and the Department for Education issued joint guidance on "Prevention of homelessness and provision of accommodation for 16- and 17-year-old young people who may be homeless and/or require accommodation on functions relating to homelessness and children aged 16 and 17". It replaces the previous guidance from 2010 and has been amended to reflect new duties introduced through the Homelessness Reduction Act 2017 and other relevant updates.
Duties to 16- and 17-year-olds
Under section 20 of the Children Act 1989, children's services are under a duty to provide accommodation for any child in need in their area whose welfare is likely to be seriously prejudiced if they are not provided with accommodation or when the child has no parent or carer or the parent or carer is unable or unwilling to provide accommodation. Most homeless 16- and 17-year-old young people are children in need and are likely to have needs other than accommodation that should be fully assessed by social services.
Certain 16- or 17-year-olds, for example young parents or young people already living independently, may prefer to make a homeless application to the housing authority. In such cases only, the housing authority, rather than children's social services, are responsible for meeting their housing needs under homelessness legislation and for providing additional support under section 17 of the Children Act 1989 (in collaboration with other agencies and/or children social services).
Government guidance clearly states that if a 16- or 17-year-old young person is homeless or threatened with homelessness the housing authority should make a referral to social services immediately for an assessment. If it has reason to believe they may be homeless, eligible for assistance and in priority need it must provide interim accommodation until the outcome of that assessment, and until it knows if a duty is owed by social services under section 20. Resort should only be made to the Housing Act 1996 if the child is not "in need" or if the child has reached a "properly and fully advised" decision that they do not want to be accommodated under the 1989 act and the child is fully equipped to reach such a decision.
Supporting families to stay together
It is generally in the best interests of young people to live in the family home or, if not safe, with responsible adults within a wider family and friends' network. Authorities "should explicitly recognise this and work pro-actively with young people and their families to identify and resolve the issues which had let to the homelessness crisis". However, any preventative work should not "delay the provision of accommodation or performance of other statutory duties where these are owed".
Suitable accommodation
Whether accommodation is provided by the children's services department or the housing department, 16- and 17-year-olds who are homeless and estranged from their family will be "particularly vulnerable and in need of support". Any accommodation provided either by social services or by the housing authority must be suitable for the applicant's needs. Bed and breakfast accommodation is not normally considered suitable for homeless applicants, especially for 16- and 17-year-olds. Young people should not be placed in "all-ages night shelter provision, even in an emergency".
It is always hoped that new statutory guidance will help improve practice at a local level. In the case of young people facing homelessness it is vital that local authorities provide advice and information that is appropriate, tailored and accessible to young people, and that no child should be turned away if they need help.
POINTS FOR PRACTICE
- Any duty owed to homeless 16- and 17-year-olds under the Children Act 1989 takes precedence over the duties under homelessness legislation, and the ongoing duty to accommodate and support will normally fall to social services rather than the housing authority.
- Housing and social services authorities, both in unitary or separate authorities, should have a joint-working protocol for the assessment of 16- and 17-year-olds, setting clear and practical arrangements for the provision of services. The effectiveness and relevance of the protocols should be reviewed at least annually.