Supporting Young People aged 16 and 17 who are Homeless or at Risk of Homelessness

This chapter was added to the manual in August 2019.

1. Principles

A young person under 18 who is homeless or at risk of homelessness is still a child. It is the duty of Slough Children First to offer them the support that they are entitled to, including family mediation and accommodation when required. When that support is insufficient or not acceptable to the young person, Slough Borough Council Housing Services have duties to that young person as a person in priority need.

Wherever possible, young people should live with their parent(s), or with wider family and friends and every effort must be made to reconcile the young person back into their family home.

No young person under 18 should be without a bed. The need to find somewhere for the young person to sleep that night is more important than following the correct process in the short-term. Once the young person is safe, then steps can be taken to secure more stable accommodation.

A home is more than somewhere to sleep. Young people should be supported to access safe, stable accommodation where they can stay at least until they reach adulthood.

Bed and breakfast accommodation, all-age night shelters and hostels with shared facilities are not acceptable for anyone under 18.

Homelessness, or the risk of homelessness, often arises from other needs and risks to the young person and/or their family. A full assessment of need and where necessary a Section 47 inquiry of risk, must be conducted, whether or not the young person becomes accommodated or receives support from housing department.

Young people should retain control of their information and who it is shared with. If they consent, information should be shared so they only have to tell their story once.

2. Roles and Responsibilities

Slough Children First has duties to young people aged 16 and 17 under the Children Act 1989. These duties take precedence over the duties owed to a young person by housing services.

Slough Children First is responsible for:

  • Assessing the young person's need for accommodation and other forms of support, including whether they meet the criteria for voluntary accommodation;
  • Leading on the joint triage interview, involving SBC Housing and the young person;
  • Providing support to the young person and their family, including family group conferencing, to explore possible accommodation options within the family;
  • Explaining the options to the young person, and providing access to advocacy to help them understand these options;
  • Providing support to any young person who becomes voluntarily accommodated, as for any other child looked after (see also: Section 20 Accommodation Guidance);
  • Providing accommodation support for all young people who are looked after ('eligible young people') and those who were previously 'eligible' ('relevant young people') (see also: Leaving Care and Transition Procedure);
  • Funding expenses related to the accommodation of a young person who is voluntarily accommodated, even if they live independently.

Slough Borough Council's Housing Department has responsibilities for housing provision and preventing and relieving homelessness under the Housing Act 1996 (as amended by the Homelessness Reduction Act 2017) is responsible for:

  • Providing information and advice about housing, and specifically to groups at risk of homelessness;
  • Maintaining and making available suitable accommodation for young people who are homeless or at risk of homelessness, including emergency accommodation;
  • Attending the joint triage interview with Slough Children First and the young person;
  • Conducting a housing needs assessment, in parallel with the Child and Family assessment;
  • Assessing the young person's eligibility for 'priority need' housing, based on the outcome of the housing needs assessment and the Child and Family assessment;
  • Developing a personalised housing plan, including support to prevent homelessness;
  • Referring young people to Slough Children First for assessment and support, whether or not they are eligible for housing.

3. Preventing Homelessness

The earlier the risk of homelessness is identified, the more likely that a package of support can be provided to prevent it. Slough Children First and Housing Services must work together to develop aligned plans to prevent homelessness.

A young person who is at risk of homelessness within the next 56 days is eligible for a personalised housing plan prepared by Housing Services. The personalised housing plan should set out any steps that housing services, the social worker and the young person and their family will take to prevent the becoming homeless (if they are not already).

A young person at risk of homelessness must be considered a Child in Need. The child in need plan should set out support for the family, including mediation and family group conferencing, to try to maintain existing living arrangements or to identify alternative living arrangements.

The duty on Housing Services to provide a personalised housing plan to prevent homelessness ends when:

  • The young person has secure accommodation for at least 6 months (including if they become accommodated under section 20). If the young person is voluntarily accommodated and is aged 17.5 years or older, the housing service must be assured that the young person can stay in the same accommodation after they turn 18 and leave care;
  • The young person has been homeless or at risk of homelessness for more than 56 days, after which the housing service must consider the young person's eligibility for housing and if they are in priority need;
  • The young person refuses an offer of housing that meets the criteria for prevention or relief of homelessness. This does not affect their eligibility for assessment under the main housing duty;
  • The young person has become homeless intentionally from accommodation that has been provided;
  • The young person deliberately and unreasonably refuses to co-operate.

4. The Process when a Young Person is, or is at Risk of, Homelessness

Referral

A young person can approach either Slough Children First or Slough Borough Council Housing Service for help to prevent or relieve homelessness.

Whichever service receives the initial inquiry must make a referral to the other service – i.e. SCT notify the housing service or the housing service - refer to the Front Door hub. Consent from the young person is required for a referral to Housing Services.

Outside of office hours, requests for help from homeless young people will be responded to by the Emergency Duty Team.

Contacts to Slough Children First must be processed within one working day and a response provided to the referrer (see Front Door, Contacts and Referrals Policy - to follow).

The initial triage meeting

An initial triage meeting involves the young person, a representative from Housing Services and a social worker.

The meeting must take place as soon as possible after the referral, and if possible on the same day.

The purpose of the meeting is to gather information from the young person about their circumstances, the reasons for their homelessness and what further assessments are needed to decide on what support to offer.

This should include:

  • The young person's age;
  • The young person's views – why do they want / need accommodation?
  • Their family network and previous living arrangements;
  • Immediate risks and vulnerabilities;
  • Communication needs – e.g. interpreter;
  • Views of people with parental responsibility (where safe to do so).

The outcome of this meeting will inform both the Child and Family Assessment and the Initial Housing Assessment (see below).

If it is apparent that the young person could remain, or return, home with mediation or other support, this should be provided immediately, while more thorough assessments take place.

If the young person is currently homeless, emergency accommodation must be provided.

Securing emergency accommodation

If the young person is currently homeless and has no where to sleep that night, Slough Children First must provide emergency accommodation. This might be in an emergency foster placement, short-term supported lodgings or supported accommodation.

Slough Children First can request the assistance of the Housing Service to identify emergency accommodation, and the housing service has a duty to co-operate with these requests under Children Act 1989 and Children Act 2004.

The young person can stay in accommodation provided by the local authority for no more than 24 hours without being considered a child look after (CLA).

Initial housing assessment

Housing Services must carry out an initial housing assessment following the joint triage meeting. This assessment must consider the young person's eligibility, priority status and entitlements, taking into account any previous intentional homelessness.

The outcome of this initial assessment must be reported to the young person's social worker, so that the young person is fully informed of the options available to them.

The initial housing assessment must be timed to inform the Child and Family Assessment and consequent decision making.

Initial social work response

All young people presenting as homeless or at risk of homelessness must be offered a Child and Family Assessment

Roles and responsibilities

SCTS Front Door hub will process the contact as usual:

  • Checking if the young person is already known to any professional and if their case is Currently open and if so, passing the information directly to the allocated social worker;
  • If the young person is not already allocated a worker, a worker from the Front Door Hub is allocated.

The allocated worker is responsible for meeting with the young person to:

  • Assess immediate need for accommodation and any immediate risks;
  • Complete the Child and Family assessment, including asking about the young person's wishes and feelings;
  • Explain that they can agree to become 'looked after' voluntarily and the implications of deciding to do this (see letter);
  • Provide information about independent advocacy to support them in making a decision;
  • Get consent for a referral to Housing services.

Content

The Child and Family assessment must consider if the young person:

  • Has previous experience of being looked after which qualifies them for care leaver support;
  • Can be reconciled with their family with a package of support;
  • Has relatives or friends with whom the young person could live.

The assessment should also assess the young person's capacity to consent, and their ability to understand and comply with any requirements placed on them to maintain a tenancy. This includes their physical and mental health, and the impact that any period of homelessness has had on them. This will be important if the young person refuses to cooperate with Housing Services, or is at risk of intentional homelessness through 'deliberate' breach of their tenancy agreement or refusal to complete actions in their personalised housing plan.

The assessment process should not delay the provision of emergency accommodation to prevent homelessness.

Timescales

The assessment should be completed within 45 days at most. Where a young person is already homeless, the assessment should be completed as soon as possible and at most within 10 working days.

Feedback on outcome of Child and Family assessment

Following the Child and Family assessment, the allocated social worker must inform housing services of the outcome, including whether the young person is to be voluntarily accommodated, or if they require assistance under the Housing Act Part 7.

Support for 16 and 17 year olds who are not voluntarily accommodated

Where young people are not voluntarily accommodated, housing services have a duty to prevent or relieve homelessness.

When a young person is not voluntarily accommodated, and returns to live at home, they should have:

  • A personalised homeless plan;
  • A child in need plan – all young people who are at risk of homelessness, or have been homeless should be considered a child in need under section 17.

The young person's social worker and the housing worker must work together to develop these plans, including:

  • The support needed to have and sustain suitable accommodation;
  • Support for the wider needs of the young person;
  • Contingency plans should the young person not be able to remain at home.

5. Providing Accommodation

Voluntary accommodation

(See also: Section 20 Accommodation Procedure).

Care orders cannot be issued for anyone aged 17 or over. If a young person aged 16 or 17 needs to become looked after, they will usually do so voluntarily, under Section 20 of the Children Act 1989.

Voluntary accommodation requires:

  • That the person who has previously cared for the young person can no longer do so (Section 20 (1c)) or that the young person's welfare is likely to be significantly prejudiced if they are not accommodated (Section 20 (3));
  • The consent of the young person, if they have the capacity to do so.

Consenting to voluntary accommodation

Both the young person and their parents must be fully informed of the options available to them, and the implications of those options.

This means that they young person must understand:

  • What it means to be 'looked after', the support that they will be offered now, and in the future, if they qualify for care leaver support. This includes restrictions on their activities and behaviour, such as staying overnight with friends, as well as benefits, such as financial support for their education;
  • Their right to leave voluntary accommodation at any time, and what other options for housing support are available to them;
  • Their eligibility for housing if they do not become looked after, the types of housing and support that they might receive and their responsibilities as a tenant;
  • Their right to an advocate or other representative to help them decide.

Consequences of voluntary accommodation under Section 20

A young person who is voluntarily accommodated is 'looked after' with all the rights and support provided to all children looked after. As soon as they enter care, they must have:

  • An allocated social worker;
  • A care plan and associated plans (see Decision to Look After Procedure);
  • An IRO (see role of the IRO);
  • A placement that meets the standards for placements for any looked after child. This might include foster care (including by connected persons), residential care, supported or semi independent living or 'other arrangements';
  • A placement plan, agreed with their carer or placement provider, setting our roles and responsibilities and any conditions for remaining in the placement.

See Friends, Family and Connected Persons Procedure for arrangements to assess family and friends carers as foster carers.

See also Leaving Care and Transition Procedure for standards that 'other arrangements' must meet and how these are checked and monitored.

If the young person is accommodated for more than 13 weeks after the age of 14, then they are 'eligible' for care leaver support.

  • By the second CLA review, the young person must have a pathway plan setting out the support they will receive to make a successful transition to adulthood;
  • If they subsequently stop being looked after, the young person becomes a 'relevant young person').

(See Leaving Care and Transition Procedure and 'eligible young people' and 'relevant young people').

Part 7 housing duty

If a young person does not agree to be voluntarily accommodated as a child looked after, they will be considered to be in priority need, and therefore eligible for housing under Part 7 of the Housing Act.

The Main Duty to house these young people does not apply if the young person unreasonably and deliberately refuses to co-operate, or refuses an offer of housing that meets their needs and would last for at least 6 months.

Accommodation Standards

  • The young person's housing needs must be assessed alongside the needs of anyone living with them, for example a partner or child;
  • Unsupported accommodation is unlikely to be appropriate for any young person under 18. As a minimum, visiting support and access to out of hours support on request, should be provided;
  • Bed and breakfast, hostel or night shelters with shared facilities are not appropriate;
  • The same standards for checks on landlords, health and safety and quality standards must be applied to housing provided for 16 and 17 year olds by Housing Services as would apply if they were looked after.

Referral to Slough Children First

If a young person refuses accommodation offered by the Housing Service, a referral must be made to Slough Children First, and the offer to voluntarily accommodate must be made again.

The young person's risk of becoming intentionally homeless must be assessed and mitigated as part of their child in need plan. Any increased risk of eviction should be raised by housing services at the Child in Need Plan review and additional support identified. If a young person does become intentionally homeless, they must be again be offered the opportunity to become voluntarily accommodated.

6. Young People in Specific Circumstances

Young people leaving custody

A young person is eligible for care leaver services if they were:

  • Looked after before they entered custody;
  • Had been looked after for more than 13 weeks (including on remand);
  • Were in custody on their 16th birthday.

Slough Children First has a duty to accommodate or maintain these young people as 'relevant' young people when they are not currently looked after. A referral should be made to the Leaving Care team.

Further Information

  • Prevention of Homelessness and Provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (2018): This guidance is solely concerned with the functions of children's services and housing services when young people seek help from, or are referred to, local authorities because of homelessness or being threatened with homelessness. It incorporates judgements made in the House of Lords over several years around the duties of local authorities under Section 20 (Children Act 1989) and Part 7 of the Housing Act 1996. The guidance also reflects the duties introduced under the Homelessness Reduction Act (2017);
  • Homelessness - Duty to Refer: the Homelessness Reduction Act (2017) places a duty on specified public authorities to refer service users who they think may be homeless or threatened with homelessness to local authority homelessness/housing options teams. The guidance provides helpful information and detail on the referral process.