Provision of Accommodation for 16 and 17 Year Old Young People
Release Date: 01 June 2010
In April 2010 the Department for Children, Schools and Family in conjunction with Communities and Local Government produced guidance to Children’s Services Authorities and Local Housing Authorities about their duties under Part 3 of the Children Act 1989 and Part 7 of the Housing Act 1996 to secure or provide accommodation for homeless 16 and 17 year old young people.
This guidance was issued in response to recent case law which had led to confusion as to their respective responsibilities.
The guidance can be found at:
http://www.communities.gov.uk/publications/housing/homelesssixteenseventeen
The guidance is extensive but the key points are as follows:
Initial Response – If the referral is made to housing then the Authority will have an immediate duty to secure interim accommodation pending a decision whether any substantive duty is owed under Part 7. Housing Services may wish to consider requesting Children’s Services to assist them in a discharge of their obligations. Housing Services will then need to make an immediate referral to Children’s Services for assessment to establish whether the young person is a child in need.
If the referral is made to Children’s Services then where a 16 or 17 year old child seeks help, or is referred, as they appear to be homeless, then urgent steps must be taken by Children’s Services to immediately secure suitable accommodation for them. This will mean that the child will become “looked after” whilst their needs, including their needs for continuing accommodation and support are further assessed.
Factors to Consider – whether the child must be accommodated:
1. Is the applicant a child?
2. Are they in need – issue for assessment.
3. Are they in the area?
4. Do they require accommodation as a result of
a. No person with parental responsibility;
b. Are lost or abandoned;
c. Person caring prevented from providing suitable accommodation.
5. What are the child’s wishes and feelings?
Suitable Accommodation?
• Determined by assessment of needs, not bed and breakfast.
• Accommodation could be jointly commissioned with Housing Services.
Joint Working
Joint protocols are required between Housing and Children’s Services to include inter agency arrangements to prevent youth homelessness, to arrange useful emergency accommodation and for access to longer term accommodation.
All those working with potentially homeless 16 and 17 year olds should access and read the guidance carefully. For further information please contact Anthony Collins Solicitors via the email link: localgovernment@anthonycollins.com
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