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2.8 Homeless Families

SCOPE OF THIS CHAPTER

This document is to be read in conjunction with the policy, procedure and guidance on the Assessment Framework. It provides additional guidance on assessment and service provision for families including children, who are homeless and not eligible for assistance from the Homeless Person's Unit.

A separate procedure exists for dealing with 16 and 17 year old homeless young people. (See Homeless 16 and 17 year olds Procedure)

Date of Issue: October 2010

Review Date: May 2011


Contents

  1. Introduction
  2. The Assessment
  3. Providing Services 
  4. Undertaking the Assessment 
  5. Initial Assessment and Decision Making
  6. Provision of Short-Term Accommodation
  7. Time Limits on Provision of Accommodation
  8. Possible Additional Outcomes to Assessment 
  9. Assessment establishes that Child is not "in Need"


1. Introduction

1.1 This procedure is to be read in conjunction with guidance on the Assessment Framework. It covers the assessment and provision of services to families, including children who are homeless and not eligible for assistance from the Homeless Persons Unit.
1.2 Local Authority responsibility
  1.2.1

Under the Children Act 1989 the Local Authority has a responsibility to assess a child's circumstances and consider offering services if it appears that a child may be in need.

A child is in need'

  1. If he is unlikely to achieve or maintain, 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; or
  2. His health is likely to be significantly impaired, or further impaired, without the provision of such services; or
  3. He is disabled
    (Children Act 1989 S17(10))
1.3 The Children Act 1989 responsibility applies to children living or found in the local authority area and applies regardless of any decision taken by another authority within any other legislative framework (e.g. housing Habitual Residence Test)
1.4 If the child is not "in need" there is no duty owed by the Local Authority (under Children Act 1989) to provide services. 
1.5 Children and Families Services will undertake an assessment if it appears that the child cannot or may not be able to maintain or achieve a reasonable standard of health or development because s/he is without accommodation. Children and Families Services are obliged to look at the resources within the family to establish whether the family can use these resources to meet the needs of their child.
1.6 Within Ealing the Children's Housing Support Team will carry out these assessments. The vast majority of referrals ill come via the Homeless Person's Unit directly to the team. Referrals that come to the attention of other teams should be passed immediately to the Children's Housing Support Team.
1.7 If a family has made an application after 3rd April 2000 within the asylum arrangements or a Human Rights application then they will need to approach the National Asylum Support Service (NASS) to obtain support in respect of their housing and income needs.
1.8

Since 8th January 2003, Section 54 of the Nationality Asylum and Immigration Act 2002 came in to force. This Act restricts the provision of local authority services to certain groups of people. In this instance it includes the provision of accommodation and subsistence. The groups are:-

  1. nationals of European Economic (EEA) States other than the UK;
  2. those with refugee status in another EEA state;       
  3. persons unlawfully present in the UK who are not asylum seekers; and
  4. failed asylum seekers who refuse to co-operate with removal directions


2. The Assessment

2.1

The assessment framework ensures that we consider the environmental context of the family. Housing is a key aspect of the environmental  context. Lack of housing is likely to be a stressor on the child and family. However, lack of housing must not distract attention from other aspects of a child's need; the assessment of a child and family who present as homeless must include all the components of an assessment as set out in the Assessment Framework procedures.   In summary: 

  1. all children affected by the referral must be seen and assessed
  2. all children must be seen and interviewed
  3. interpreters to be used whenever English is not the first language
  4. all issues contained within the assessment framework must be considered including the health and educational, emotional and social development of the child
  5. normal arrangements must apply in contacting and gathering information from other professionals
  6. Children and Families Services staff must always be open to the possibility that a child is suffering significant harm and consult with a manager if they believe this to be the case.
2.2 All these elements must be recorded fully using the Initial Assessment report form on Frameworki
2.3

To determine whether the lack of housing is having a specific impact, it will be important to consider the following:

  1. What is the impact of the housing situation on this child? (e.g. effect on the child's health, emotional and educational wellbeing etc)
  2. What impact is it having on the capacity to of the parents to "parent"?
  3. How are the parents responding to this stressor?
  4. What financial and other resources are available to the family to help deal with it? (role of extended family/accommodation available elsewhere - if so, is that place safe or does it present any particular needs / risks?)


3. Providing Services 

3.1

Assistance with housing may part of a package of children in need services in the following circumstances:

  1. If there is a clear need to assess a child's welfare and the lack of housing is genuinely preventing the assessment-taking place. A family may be placed in temporary accommodation for a brief time limited period.
  2. If the child clearly has been assessed as having needs which the local authority is obliged to meet as a priority and cannot meet because of a lack of housing. For example:
    1. a child protection enquiry  in which the safety of the child or the protection plan in the interim is jeopardised because of a lack of accommodation
    2. a child with a disability whose needs are not being met because of homelessness. (NB a child with a disability is defined under the Children Act as being in need)
    3. a child is in Local Authority accommodation and the parents lack of housing is preventing re-unification.

    In such cases, b) above, the local authority may consider whether there is a need to provide accommodation for a longer period - whilst working towards a resolution of the wider issues affecting the child/family.

  3. Services may also be provided if

    1. The child is found to meet the criteria for a child in need, (including assessments, which indicate that the child's circumstances would be likely to deteriorate if services were not provided, meaning that the child would become a child in need) and
    2. it is clear that the lack of housing is a significant contributory factor to the child being in need and
    3. the provision of housing or support in obtaining housing will assist in meeting the needs (i.e. housing is relevant to both the cause of the need and the solution to the problem) and
    4. the parents are unable to resolve these difficulties without support (e.g. because of learning difficulty, mental illness, recovery from trauma as asylum seekers, severe domestic violence etc).
3.2

Services provided could include one or more of the following:

  1. Advocacy in support of a housing or income support application/appeal
  2. The provision of housing pending a review of the financial support available to the family to pay for their own housing
  3. Support in finding housing.
3.3 There will be a limit to the extent to which Children and Families Services can meet housing needs and any expenditure must be kept under regular review.
3.4 As part of any assessment, appropriate information should be provided to the parents as to how a child's health and educational needs can best be met, including providing information about local agencies that can provide assistance.
3.5 If the family is homeless, but the child concerned would not otherwise be considered to be in need and the family have other means of resolving the housing issue, then there is no case for providing accommodation. The family should be advised to make use of private accommodation and other networks to help with this (e.g. extended family).


4. Undertaking the Assessment 

4.1

The following practical steps should be taken in providing an assessment under the Children Act for families who have been assessed by the Housing Department and referred to the Children's Housing Support Team due to being either:

  1. intentionally homeless
  2. ineligible for housing having failed the Habitual Residence Test
  3. ineligible for income support from public funds having failed the Habitual Residence Test
4.2 Contact must be made immediately with the Homeless Person's Unit to obtain a copy of their decision and the reasons for it and information about HPU's evaluation of the family's needs and circumstances.
4.3 If the family are seeking asylum, the family should be advised according to 1.6 above.
4.4 Contact should be made immediately with the UK Border Agency to clarify immigration status of those applicants who are not UK residents and likely progress on any outstanding application
4.5 Where any communication problems are identified appropriate help should be provided by use of interpreters, sign language interpreters or relevant aids and adaptations.
4.6 If it is apparent that there is a child with a disability in the family, advice must be obtained from the ESCAN Social Care Team. If the child's disability is a predominant issue, it may be appropriate for the ESCAN Team to carry out the assessment. In these circumstances the Team Manager for the ESCAN Team should be approached and where necessary the relevant Operations Manager consulted.


5.Initial Assessment and Decision Making

5.1 Where the family has no prospects of immediate accommodation provided by friends, relatives or the private sector the Department has a duty to complete an assessment to determine whether the children are in need.
5.2 An assessment of the children's needs must be made following the Assessment Framework Guidance (see Section 2 above for additional guidance on areas that must be included in assessment).
5.3 Whenever possible the assessment of the family should be made in whatever temporary accommodation they are staying in (e.g. with friends and extended family). It is important to ensure that they are not overcrowded to the extent that it would impair the health or development of the child
5.4 It may be necessary to safeguard children by providing advice about accommodation or provide accommodation for a strictly limited time to ensure that an assessment can take place. 
5.5 Short-term accommodation may be agreed by the Team Manager for the Children's Housing Support Team for up to seven days to cover the period of Initial Assessment. Accommodation would normally be in a local bed and breakfast hotel which has had all the necessary environmental health checks and meets the standards set. The accommodation must be suitable for the children concerned.
5.6 On the first (and where this is not feasible the second) day of placing the family in temporary accommodation a claim for Housing Benefit must be completed with the family and lodged with Housing Benefit with a record kept on file.
5.7 As part of the Child in Need assessment the parents or carers must be asked what steps they have taken to find private accommodation and an assessment made as to whether they are able to make arrangements to find accommodation themselves.


6. Provision of Short-Term Accommodation

6.1

The family should be offered a time limited accommodation at the end of the initial assessment if:

  1. it is agreed that the child is in need (see Section 3 above) and
  2. it is believed that the parents cannot themselves find suitable accommodation in the private sector and
  3. Accommodation is required to promote the welfare of the child.
6.2 If the family are unable to seek accommodation themselves, positive assistance should be provided in finding private accommodation. 
6.3 All decisions must be confirmed in writing to the family (and landlord if related to the payment of rent).
6.4 Property searches will include looking for accommodation beyond the borough of Ealing as local accommodation is in short supply and expensive.
6.5 Where families are reliant on Income Support the rent must be met in full by Housing Benefit. The rent must be within the LHA (Local Housing Allowance) limit. Where there is any short fall the family must confirm in writing that they accept financial responsibility for meeting this amount.
6.6 In exceptional circumstances it may be more appropriate for the family, and more cost effective for the Department, to consider funding the cost of a deposit for suitable private rented accommodation. Agreement for this can be given by the Team Manager for the Children's Housing Support Team.
6.7 Any accommodation provided by the Local Authority must be checked by the Local Authority to ensure that it is safe and suitable accommodation for a child.


7. Time Limits on Provision of Accommodation

7.1 It must be explained to the family (and confirmed in writing) that only one offer of accommodation will be made. If this offer is turned down the Local Authority has discharged it's duty and may provide no further assistance.  In exceptional cases the Manager of the Children's Housing Support Team, can where there are strong grounds, give authority for a second offer.
7.2 The family should also be advised (confirmed in writing) that at the end of the time limited period (or in the event that a reasonable offer of accommodation is refused) the Department will have discharged its duty and the temporary accommodation will be terminated. The only exception to this will be if there is a continuing need to safeguard the child's welfare. 
7.3 In circumstances where there is considered to be a case to extend the period of short-term accommodation beyond the 4 week period, this can only be done with the specific agreement of the Team Manager for the Children's Housing Support Team who can agree a further two weeks.
7.4 Where families refuse to leave the short-term accommodation in these circumstances the Hotel or B & B Manager, having received notice of the Local Authorities intention to cease funding on a specified date, will be responsible for acting to evict the family.


8. Possible Additional Outcomes to Assessment 

8.1 When the family are able to obtain or return to accommodation in another part of the UK or overseas, consideration should be given to meeting the costs of travel and in exceptional cases, re-establishing their home. The manager responsible must be satisfied that this is a satisfactory way of safeguarding and promoting the child's welfare. 
8.2

In any case where housing is being provided from the children in need budget steps must be taken by the department to ensure that

  1. another source of funding for accommodation is made available as quickly as possible
  2. arrangements are made for the claim within the immigration or asylum system to be processed and resolved as quickly as possible.
8.3 Where Child Protection concerns are identified and it is agreed that a Section 47 Enquiry should be undertaken, this work will be completed by a Referral and Assessment team
8.4 Where a subsequent decision is made that a child is to be subject of a Child Protection Plan, the case should remain with the Referral and Assessment team. (Fieldwork teams will hold responsibility for Child Protection matters, not the Children's Housing Support team.)
8.5 In cases where following a Core Assessment a high level of family support is identified as being required, the Children's Housing Support team will work jointly with SAFE services to support the family.


9. Assessment establishes that Child is not "in Need"

9.1 If, following an initial assessment, the child is found not to be in need, the family should be advised that they must leave the short- term accommodation within 48 hours. This should be confirmed in writing to the landlord and the family and the family offered advice on finding private accommodation. In exceptional circumstances 48 hours may be insufficient and the family can make an application for a longer period of notice, explaining the reasons and requesting a specific extension period
9.2 The Local Authority will then have discharged its duty in respect of that referral.  Subsequent referrals by or in respect of the child/family will be re-assessed according the new information received.

End