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Contents

1. General Principles
2. Legislation and Guidance
3. Joint Procedure for Assessment
4. Assessment Framework
5. Suitability of Accommodation
   
   Appendix 1: Assessment Record

1. General Principles

This protocol is based on the Housing Act 1996 (as amended by the Housing Act 2004) the Children Act 1989, the Children Act 2004, and the Children (Leaving Care) Act 2002 and the House of Lords decision in R(G) v London Borough of Southwark (2009).

It is accepted that for the welfare of all young people to be safeguarded, appropriate accommodation and support is necessary.

Young people should be involved in discussions and plans for their future and their wishes and feelings should be taken into account.

In assessing the needs of a young person for accommodation and support, those involved in that process must take account of the individual needs and cultural background of that young person.

Both Strategic Housing Services and Children’s Services recognize that legislation requires them to address the needs of homeless 16 and 17 year olds.

Reconciliation/Medication:

In all cases involving applicants who are 16 or 17 years of age, Housing and Children’s Services and other agencies will first establish whether there is genuine homelessness and whether there is any possibility of family reconciliation. Some 16 and 17 year olds may have left home because of a temporary breakdown in their relationship. Mediation and support for the family may be required, the Young People’s Team, Housing Options and Support Services will provide or facilitate these services for the family. The process of reconciliation may take time, and Strategic Housing Services may have to provide interim accommodation to enable this to take place.

2. Legislation and Guidance

The Children Act 2004

Emphasises the need for agencies to work together to improve outcomes for children. Section 10 establishes a duty on Local Authorities to make arrangements to promote cooperation between agencies and a duty on key partners to take part in those arrangements. This joint protocol plays an important part in formalising such a process.

The Children Act 1989

The Children Act 1989 Section 20 places a duty on Local Authorities to provide accommodation for young people in need under the following criteria:

Section 20 (1) states that -

“Every Local Authority shall provide accommodation for any “child in need” within their area who appears to them to require accommodation as a result of:-

1. There being no person who has Parental Responsibility for him;
2. His being lost or abandoned;
3. The person who has been caring for him being prevented (whether or not permanently and for whatever reason) from providing him with suitable accommodation or care”

Section 20 (3) continues:

“Every Local Authority shall provide accommodation for any child in need in their area who has reached the age of 16 and whose welfare that Authority considers is likely to be seriously prejudiced if they do not provide accommodation”.

Section 17 (10) defines a “child in need” as follows:

1. He is unlikely to achieve and maintain, or to have the opportunity of achieving and maintaining, a reasonable standard of health or development without the provision for him of services by a Local Authority under his part;
2. His health or development is likely to be significantly impaired, or further impaired without the provision for him of such services; or
3. He is disabled.

R(CG)v London Borough of Southwark/ House of Lords ruling.

This ruling confirmed that Local Authorities should presume that any young, homeless child should be provided with accommodation under the Children Act 1989, Section 20 unless the Local Authority can satisfy itself that the young person is not a Child in Need under the terms of the Act. The ruling clarified that Children’s Services could not discharge their duties to 16/17 year olds in need by referring them to the Housing Services for accommodation and reiterated that the Children Act has primacy over the Housing Act in providing for Children in Need.

All 16 and 17 year olds who present to a Local Authority as homeless or at risk of homelessness are therefore entitled to an assessment to identify whether they are a “child in need” under Section 17 and therefore the Local Authority has a specific duty to provide accommodation under Section 20. In determining whether a young person’s welfare is likely to be seriously prejudiced, consideration will be given to whether the young person’s health or development has been significantly impaired or she/he has suffered or is likely to suffer Significant Harm and whether by virtue of this or any disability, the young person is not able to cope and manage in the community, notwithstanding the provision of services to her/him.

All 16/17 year old young people who present in need of Housing will require an Initial Assessment to determine whether or not they are Children in Need and therefore should be referred to Safeguarding and Specialist Provision for accommodation under Section 20 of the Children Act.

Circular LAC (2003) 13 (issued by the Department of Health, May 2003) clarifies that the situation in relation to unaccompanied asylum seeking children and other children and states that where a child has no parent or guardian in this country, the presumption should be that he/she would fall within the scope of Section 20 and become looked after.

Section 27 (10) of the Children Act allows Local Authorities to request the help of various agencies and people to assist in discharging these duties. Those identified in the Act who could be requested to help are:

1. Any Local Authority; (Children Services)
2. Any Local Education Authority; (Children Services)
3. Any Housing Authority;
4. Any Health Authority;
5. Any person authorised by the Secretary of State for the purpose of this section.

Any Authority requested to help is required to comply with the request provided that request is compatible with its own statutory or other duties and obligations and does not “unduly prejudice” the discharge of any of its own functions.

Whether a Section 27 request is accepted or not, the statutory duty for the provision of appropriate advice and assistance in order to safeguard and promote the welfare of the young person remains with the Children and Young Peoples Service.

The Housing Act 1996 (amended by the Housing Act 2004)

Part 7 of the Housing Act 1996 places a duty on Local Authorities to provide assistance to certain categories of homeless people. The homelessness (priority need for accommodation) (England) Order 2002, included new categories of homeless persons who have a priority need for accommodation and this includes a person aged 16 or 17 who is not a “relevant child” or a “child in need” to whom the local authority owes a duty under Section 20 of the Children’s Act 1989.

Children (Leaving Care) Act 2002:

Eligible Child

An “eligible child” is a young person aged 16 or 17 who has been looked after for at least 13 weeks since the age of 14 and who is still looked after.

Relevant Child

A “relevant child” is a child aged 16 or 17 who has been looked after (in care) by a Local Authority for at least 13 weeks since the age of 14 and has been looked after at some time while 16 or 17, and who is not currently being looked after.

Former Relevant Child

A “former relevant child” is a young person aged 18-21 years who has been either an eligible or relevant child.

The interface between the Children Act (1989) and the Housing Act (1996) (Homelessness Act 2002)

The legislation places clear duties on Children’s Services and Local Housing Authorities. However, there are many overlaps and therefore some potential for confusion and/or disagreement. This protocol gives a greater definition to the respective services responsibilities.

The key to the implementation of this joint protocol is direct communication between frontline workers and/or their managers to resolve differences at the earliest possible stage. It is also key that both agencies understand each others’ roles and work towards a partnership response.

Young people should not be sent between different departments or from one office to another without prior direct communication between staff. To provide an effective safety net for vulnerable young homeless people the Young People’s Team H.O.S.S and Safeguarding and Specialist Provision must work together. Effective collaborative working and communication is essential.

3. Joint Procedure for Assessment

Therefore for all 16/17 year olds presenting in Housing need an assessment must make the following determinants.

“Child in Need” Section 17 (10) of the Children Act 1989.

A child shall be taken to be in need if:

1. He is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of the services by a Local Authority under this part;
2. His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
3. He is disabled and “family, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living” (11) the purposes of this part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as maybe prescribed: and in this part- “development” means physical, intellectual, emotional, social or behavioural development and “health” means physical or mental health

Section 20 of the Children Act 1989 provides:

Every Local Authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of;

1. There being no person who has parental responsibility for him;
2. He has been lost or having been abandoned; or
3. The person who has been caring for him been prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

Subsection 3 goes on the provide every Local Authority should provide accommodation for any child in need within that area who has reached age 16 and whose welfare the authority consider it likely to be seriously prejudiced if they do not provide him with accommodation.

A Local Authority may provide accommodation for any child within that area (even if the person who has Parental Responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare).

A Local Authority may provide accommodation for any person who has reached the age of 16 but is under 21 in any community home which takes children who have reached the age of 16 if they consider that to do so would Safeguard or promote his welfare;

Before providing accommodation under this Section, a Local Authority shall, so far as is reasonably practicable and consistent with the child’s welfare;

1. Ascertain the child’s wishes and feelings regarding the provision of accommodation; and
2. Give due consideration (having regard to his age and understanding) to such wishes and feelings as they have been able to ascertain;

A Local Authority may not provide accommodation under this Section for any child  if any person has parental responsibility for that child and is willing and able to provide accommodation for the child or arrange accommodation for accommodation to be provided, objects to the child being Accommodated.

Any person with parental responsibility for the child may at any time remove the child from accommodation provided by or on behalf of the Local Authority under this Section. Subsection 7 and 8 do not apply where a child who has reaches the age of 16 agreed to be provided with accommodation under this section.

4. Assessment Framework

The Initial Assessment of all homeless 16-17 year olds will be completed by the Young People’s Team, Housing Options and Support Services on the Initial Assessment form attached, Appendix 1. The following questions will need to be considered in completing the assessment. Where the young person is already an open case to Care Management Service there is an assumption that they are a Child in Need and therefore if in need of accommodation should be accommodated under Section 20 of the Children Act 1989.

The following should be considered:

1. Is the applicant a child?
2. Is the applicant a child in need (given the child is homeless how could the answer be anything other than yes)?
3. Is the applicant within the Local Authority’s area?
4. Is the applicant homeless?
5. Is that need the result of:
   1. There be no person who has PR for him?
   2. His being lost or abandoned?
   3. The person who has been caring for him been prevented from providing him with suitable accommodation or care?
6. What are the child’s wishes or feelings?
7. What consideration given the child’s age and understanding should be given to those wishes and feelings?

On completion of an Initial Assessment if it is felt that the young person is a “Child in Need” there should be a referral to Duty and Assessment at Westfield’s with a recommendation to accommodate the young person.

5. Suitability of Accommodation

The provision of bed and breakfast accommodation to homeless 16 and 17 year olds is considered to be inappropriate for all but emergency placements. In the absence of suitable temporary accommodation Housing and/or ChYPS will undertake to provide suitable accommodation as soon as an appropriate vacancy arises to those people it owes a statutory duty towards.

This will also apply to those young people to whom a statutory duty is owed by Children Services but a request for assistance for accommodation has been made to Young People’s Team H.O.S.S.

In these instances, payments for housing will be made by the Young People’s Team H.O.S.S and recharged to Safeguarding and Specialist Provision where there is an identified statutory responsibility under Section 20 Children Act 1989. Until a decision has been made to accommodate a young person under Section 20 Children Act 1989 fund for accommodation will be sought through Housing Benefit.

There is also a need to consider the suitability of more permanent accommodation for young people. Young people should be offered the most appropriate accommodation and tenancy/ license agreement for their specific needs. Each case should be assessed individually with respect to affordability to avoid young people being placed in expensive accommodation with no financial support from family/statutory services. This is likely to involve joint working between Safeguarding and Specialist Provision and the Young People’s Team H.O.S.S.

Dispute/Failure to agree procedures

If the Young People’s Team H.O.S.S and Duty and Assessment are unable to agree in respect of any referral, assessment, support package or accommodation provision then the case is to be referred for resolution to the Operations Manager, H.O.S.S, and the Divisional Manager in Safeguarding and Specialist Provision.

In addition to these procedures any young person who is dissatisfied with the manner or outcome of the joint assessment procedure also has the right to complain and/or appeal via existing complaints and appeals procedures to any agency.

Appendix 1: Assessment Record

Click here to view Appendix 1: Assessment Record.

End