Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer

Young people may become homeless for a variety of reasons. However, family breakdown, poverty and lack of alternative support are often major contributing factors to this. 16 and 17 year olds who are homeless or threatened with homelessness are likely to be vulnerable and will often be at risk of harm in the absence of intervention. Safeguarding and promoting their welfare should be central to service provision. 

 If there are no other solutions such as other family members and friends who can provide housing, the following should be explored by Children’s Services and/or Housing teams:

• Should the child be looked-after under section 20 of the Children Act 1989 (this should be used for most children);
• Could the child be accommodated as a child in need (section 17); or
• Would accommodation under the Housing Act 1996 (part 7) be sufficient?

If a child is accommodated under section 20, they will receive all the support that comes with becoming a looked-after child, and of being a care leaver once they turn 18 (if they are eligible). Ofsted also regulates supported accommodation for looked after children.

Children who are provided with accommodation through section 17 are not entitled to this support and Ofsted does not have a role in regulating placements under this section.

For children provided with accommodation under section 17, the guidance states that accommodation should be assessed in light of the needs of the child, considering factors such as safety, fitness of the landlord and affordability. Guidance also states that Bed and Breakfast, hotel and nightly let accommodation with shared facilities are not suitable for any 16 or 17-year-old.

There are only 2 reasons when a child should not be accommodated under Section 20, and these are the following:

• The child is not ‘a child in need’;
• The child has been fully advised of the implications and having the capacity to reach a decision, the child has decided they do not want to be accommodated under section 20.

Government guidance also states that children who present as homeless should also have access to independent advocacy to help them understand their rights and around any decisions made.

For further information please see Good decisions: supporting children aged 16 and 17 who need help when they are homeless - GOV.UK.

See: A guide to the duty to refer.

In October 2018, the Homelessness Reduction Act 2017 came into effect and provided new duties on local housing authorities to intervene at an earlier stage in order to reduce the risk of homelessness.

The guide to the duty to refer identifies a person is considered homeless if:

• They do not have any accommodation which is available for them which they have a legal right to occupy; or
• It is not reasonable for the person to occupy their current accommodation, for example, because they would be at risk of domestic abuse.

See: Homelessness code of guidance for local authorities.

This guidance advises that the service user must:

1. Consent to the referral being completed in the first place;
2. Allow the individual to identify the housing authority in England which they would like the notification to be sent to;
3. Have consent from the individual for their contact details to be supplied so the housing authority can contact them regarding the referral.

Local authorities should make the referral process transparent on their websites and should also make the referral process as simple as possible. See: Duty to refer: Referral Form. The referral should be sent to the following e-mail address: dutytorefer@blackburn.gov.uk.

See: Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG).

See also: Leaving Care and Transition Procedure, Joint Housing Protocols for Care Leavers.

Guidance for NHS trusts and foundation trusts providing emergency departments, urgent treatment centres and inpatient services

Local Government Association – Homelessness

Centre Point – Are you Homeless, Sofa Surfing or At Risk?

Land Aid – Young & Homeless

Care leavers accommodation and support framework, St. Basils

More Home Truths – Learning Lessons from Complaints about the Homelessness Reduction Act (Local Government and Social Care Ombudsman)