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2.6 Homeless 16 and 17 year olds

SCOPE OF THIS CHAPTER

This Protocol describes the procedures that are to be followed if a 16/17 year old young person who has recourse to public funds claims to be homeless. The procedure concerns staff in Ealing's Children and Families service as well as the Housing Department.

This Protocol should be read in conjunction with the  government guidance issued in April 2010 "Provision of Accommodation for 16 and 17 year old young People, who are Homeless and/or require Accommodation"

Date of Issue: October 2010

Review Date: October 2011


Contents

  1. General    
  2. Relevant Legislation 
  3. Procedure For Assessment 
  4. Assessment & Options Team
  5. Further Advice


1. General    

1.1 This protocol describes what procedures will be followed if a 16/17 year old young person of school leaving age, who has recourse to public funds claims s/he is homeless. (Recourse to public funds comes through being a British Citizen or having Indefinite Leave to Remain (ILR) or Definite Leave to Remain (DLR) and thus eligible for state benefits and housing). This procedure does not cover those 16/17 year old children who are remanded to the care of the local authority. These children should be assessed and supported via a Referral and Assessment team.
1.2 The aim of this protocol is:
  1.2.1 To provide a process for a clear assessment of a young person's needs.
  1.2.2 To ensure that there is a clear process for referrals between the two departments, that is easily understood by the service user.


2. Relevant Legislation 

2.1 Below outlines the legal obligations of Children's Services and Housing Departments, which need to be taken into consideration when assessing a young person.
  2.11

The Statutory Framework - Children Act 1989

  1. Section 17(10) CA 1989 defines a child as being "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 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.
  2. A local authority has a "general duty" under section 17(1) CA 1989 to safeguard and promote the welfare of children within their area who are in need and, so far as is consistent with that duty, to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children's needs. The services provided in the exercise of this function may include "providing accommodation" (section 17(6) CA 1989).
  3. .A local authority has a duty to "provide accommodation" under section 20(1) CA 1989 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 having been abandoned; or
    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".

  1. Further, a local authority has a duty to "provide accommodation" under section 20(3) CA 1989 for any child in need:

      "within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation".
  2. The local authority has significant additional obligations in relation to a "looked after" child, potentially continuing until the child reaches the age of 21 (under section 23B CA 1989) if eligible (under section 19B CA 1989). An eligible child is one who has been looked after for a minimum period of 13 weeks since the age of 14 (as prescribed by the Children (Leaving Care) (England) Regulations 2001).
  2.1.1

Children (Leaving Care) Act  2000

  1. The above act imposes duties on Children's Services, to assist care leavers until they are 21 (and beyond in some cases). Children will either remain looked after until they are 18 or, if they cease to be looked after aged 16 or 17, Children's Services will be under a duty to maintain and or provide suitable accommodation, or provide support to the young person (unless the local authority is satisfied that the young person's welfare does not require it). Such a 16 to 18 year old is known as a "relevant child". Such young people are not entitled to benefits. It is assumed that Children's Services will make any necessary arrangements for these young people although there may be occasions when advice is sought from the Housing Department because of their knowledge concerning available accommodation.
  2. Local authorities must provide all those in care, and leaving care, from 16 to 21 with a Personal Adviser. The needs of a care leaver must be assessed and a Pathway Plan prepared which maps out care leaver's route to independence. This plan is drawn up with the young person whey they are 16. It will set out milestones including the planned date for leaving care and where and how the young person will live thereafter. It will set out the support and the authority will provide at all stages.
  3. However, there will be some 16 and 17 year olds that do no qualify as relevant children. How these young people will be assessed, is outlined below.
  2.1.2

The Housing Act 1996 PART VII, as amended.

  1. The government extended the priority need categories to include 16 and 17 year olds who are not, owed duties under s20 of the Children Act and to care leavers aged 18 to 21 years.
  2. This is intended to complement the Children (Leaving Care) Act 2000 and extend the safety net to these young people where they are homeless through no fault of their own.


3. Procedure For Assessment 

3.1

Initial Assessment
  3.1.1 If a 16 or 17 year old young person of school leaving age is homeless, it has been agreed that Children's Services will make the initial investigations and assessment as to whether the young person is able to return home. Therefore whichever agency a young person approaches, they must sent to the Children's Services Housing Support Team, where they will be seen by a duty Social Worker.  Any 16/17 year old who is pregnant or who has a child should be referred to a Referral and Assessment team.
  3.1.2 The assessment will take place with the young person's parent or  carer unless it is not appropriate, e.g. where the young person is alleging abuse. It is important in the initial interview to establish  the young persons true housing circumstances and to prevent them becoming homeless wherever possible.  In doing so, they will establish whether there are any risks to the young person if they remain at home. Even in situations where there are risks, these might be best managed with support being provided to the young person rather then their removal from the parental home. This is a crucial point in this process. It is important to take a robust approach, challenging service users who have simply wish for their own flat. In cases where rough sleeping is alleged, it may be necessary to  establish if this is actually happening, though this is usually apparent by his/her presentation, cleanliness  etc.
  3.1.3

The outcome of assessment may be:

  1. That the young person is able to return home immediately. If so they should be supported to return to their family.
  2. That the young person is unable to return home immediately but can stay with a relative. If so the parent and the child should be encouraged to organize this option for themselves.
  3. That from Initial assessment, the young person is unable to return home immediately due to risk and that a full needs assessment be completed to determine whether s/he is a "child in need".
  3.1.4 If a young person is unable to return home, then the SSD must provide accommodation for them and to undertake a thorough assessment of the young person's needs. The young person will initially be offered accommodation in a B & B, hotel or hostel for a maximum of one week whilst the assessment of the needs is undertaken. It is likely that the assessment will take less than one week particularly where a young person is already known to Children's Services but it is not acceptable to make a quick assessment without verifying information and getting to know the young people and their abilities.  If the decision is that the young person is not owed duties under s20, the assessment specify why, in line with the judgement in G v Southwark.
  3.1.5 As soon as a young person is placed for assessment the Duty Social Worker will speak to parents or other extended family in order for the young person to remain at home while the allocated social worker complete the initial assessment. 
  3.1.6 During the assessment period, Children's Social Care Services will allocate a social worker to complete the Initial Assessment using the Assessment Framework- and see whether they are able to acquire the skills needed to be independent. If, any stage the young person shows no sign of co-operating with the assessment, Children's Services will inform the young person that they may have discharged their duty to them. If the young person persists in not co-operating, it can be explained to them that they are deemed to want to make their own arrangements. If there is an issue with substance abuse, and the young person wants to address this problem, the social worker will refer them for appropriate services. Also the young person and their family can be referred to Family Solutions for six sessions of therapeutic work. Whilst this occurs the case remains open and the social worker must attend the first session.
  3.1.7

The assessment should elicit the following information as this will determine whether the child is a "Child in Need".

  1. Lack of support network from family or friends
  2. A history of being looked after but not eligible for assistance under the Leaving Care Act
  3. A history of street homelessness
  4. A family background that required Social Services intervention
  5. Likelihood of drug, solvent or alcohol abuse or prostitution
  6. A learning disability or special educational needs
  7. A violent or disturbed background
  8. Their social awareness and skills
  3.1.8

The assessment should make determine that the young person has the following:

  1. Ability to claim Job Seekers Allowance and Housing Benefit
  2. Ability to deal with other residents in the B&B, hotel/hostel.
  3. Ability to keep to the rules within the B&B/hotel/hostel.
  4. Ability to pay H.P.U. top up out of their Job Seekers Allowance.
  5. Ability to protect himself or herself from risk of abuse or prostitution. The Referral and Assessment team will respond to all initial child protection referrals:
    • Where a child is believed to be at risk of significant harm.
    • Where a Section 47 Enquiry under the Children Act 1989 is required to ascertain the safety of a young person.
3.2

Outcome of Assessment
  3.2.1 The young person can return to a parent or live with a relative.
  3.2.2 The young person is not "in need".
  3.2.3 The young person does not have the skills to live independently and will require on-going support from Social Care Services.
  3.2.4 The young person is not 'in need' as defined by s20, in which case s/he will be referred to the Assessment & Options Team.
  3.2.5 Where child protection concern are identified and it is agreed that Section 47 Enquiry should be undertaken then this will be completed by the Referral and Assessment Team.
  3.2.6 Where a subsequent decision is made to place children's names on the List for Children subject of a Child Protection Plan then the case should remain with the Referral and Assessment Team. All responsibility for child protection issues remains with the area team.
  3.2.7 Where a 16 or 17 years is accommodated under sec 20 their case should transfer to a Looked After Children team
  3.2.8 After completing the Initial Assessment and if there are no immediate concerns or they are homeless or threatened with homelessness, which cannot be prevented but are not owed duties under s20, the young person will be given a copy of the initial assessment and a cover letter to take and present to the Assessment & Options Team.
  3.2.9 Cases where following a Core Assessment a high level of support is identified as required (determined as meeting the high need category of the department's eligibility criteria) the young person's case will be transferred to the Children in Need Team.


4.  Assessment & Options Team

4.1 The Assessment & Options Team will seek to prevent homelessness, or to offer alternative housing options, wherever this is possible.  An assessment under the Housing Act 1996, Part VII (as amended) will be undertaken when prevention options have not been possible.
4.2

During this assessment the necessary information will be elicited to determine whether a young person is eligible, homeless, in priority need and whether s/he has made him/herself intentionally homeless.

"...A person becomes homeless intentionally if he/she deliberately does or fails to do something in consequence of which he/she ceases to occupy accommodation that is available for occupation and would have been reasonable for him/her to continue to occupy..." (Housing Act 1996).
4.3

The assessment may indicate that the young people have lost their accommodation through:

  • Rent arrears
  • Noise nuisance
  • Breaking their tenancy or license agreement
  • Abandoning accommodation that was available for their occupation, which was reasonable for them to remain in.
  • Disregarding reasonable standards of behaviour required by the parents.
4.4 The  Assessment & Options case officer must notify the Social Worker of any decision taken on the homelessness application by e-mail.
4.5 If a young person receives any negative decision on his homelessness application, s/he will receive a letter stating the decision and the reasons. S/he has the right to request a review of this decision under section 202 of the legislation within 21 days of the date of the letter. If the young person requests a review s/he will be notified of the date on which it will take place and the date by which any additional information must be provided. The young person's temporary accommodation will still be terminated if s/he requests a review.
4.6 The matter is reviewed by the Reviewing Officer, a member of the  Assessment & Options Team within 56 days of the date of the request for a review. The reviewing officer may ask to interview the young person but otherwise will review the matter using documentation only. The young person will be notified by letter to any "care of" address. If the young person disagrees with the decision of the Reviewing Officer, their only recourse is to the County Court.
4.7 If it is agreed that an application needs to taken by the  Assessment & Options Team the young person needs to provide the following documents to Assessment & Options:
  4.7.1 Identification (must be original birth certificate, passport of Home Office documents)
  4.7.2 Evidence of eligibility and entitlement to public funds (passport, Home office documents).
  4.7.3 Any evidence of Homelessness that can be provided.
  4.7.4 Proof of residency for the last 5 years
  4.7.5 Proof of Income (Wage slips/ Benefit books/ Bank Statements/Savings Accounts).
4.8 An application will be taken under Part V11 of the Housing Act 1996 During the assessment, if the young person cannot make temporary arrangements with friends/ relatives, they will, if they need to be given emergency accommodation,  be given bed and breakfast hotel or hostel accommodation until a decision is made on their application. If the decision is that the Council owes them a full housing duty, they will remain there until an offer of accommodation becomes available.  This will usually be in voluntary sector supported housing initially but also be in the private sector.
4.9 Where accommodation is secured under the homeless legislation, H.P.U. will request any ongoing support and assistance that may be required from Children's Services, the Connexions Service, or voluntary organizations via Gateway to ensure that homelessness does not recur.  It should be noted that if a young person loses his accommodation as a result of his own actions, s/he will be unlikely to be owed any further duty and will be unlikely to be accommodated. 
4.10 Some young people who are accommodated under Homelessness Legislation may also qualify for support under the Supporting People Scheme operated by the  Gateway Team.


5. Further Advice

5.1 In the event that the young person is not entitled to assistance from either Housing or Children's Services, then they should be given advice about accessing private or voluntary sector accommodation. 

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