11 How are you spelling G? Social Services, Housing, the Courts and Homeless 16 & 17 year Olds.

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How are you spelling G?

Social Services, Housing, the Courts and Homeless 16 & 17 year Olds

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Social Services & Homeless 16 & 17 Year Olds

The Children Act 1989 & Children (Leaving Care) Act 2000

Section 17(1) CA 1989

“It shall be the general duty of every local authority (in

addition to the other duties imposed on them in this

Part) –

(a) To safeguard and promote the welfare of children within their area who are in need; and

(b) 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”

Section 17(10) CA 1989

For the purposes of this Part a child shall be taken to

be in need if -

(a) he is unlikely to achieve or maintain, or 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;

(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or

(c) he is disabled

Section 20 (1) CA 1989

“Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of – (a)  there being no person who has parental responsibility for him;(b)   his being lost or having been abandoned; or(c)   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.”

Section 20 (3) CA 1989

“Every local authority shall provide

accommodation 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”

The Children (Leaving Care) Act 2000

“The Act’s main purpose is to help

young people who have been looked after by a local authority move from care into independent living in as stable as fashion as possible”

Definitions

“Eligible children” – are those aged 16 & 17 who are still in care and have been in care for a total of at least 13 weeks from the age of 14

“Relevant children”- are those aged 16 or 17 no longer in care but who were in care for a total of at least 13 weeks from age 14”

“in care”- young people who are looked after by a local authority either through a compulsory care order, or remanded, or accommodated by voluntary agreement, including under s.20 Children Act 1989

Children (Leaving Care) Act 2000

Duties to 16-17 year olds(‘Eligible’ & ‘Relevant’ children):

to assess & meet needs to ensure that a pathway plan is in place to provide financial support to provide personal adviser to ensure accommodated

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Homelessness –Legislative framework

Housing Act 1996 Pt VII

Homelessness Act 2002

Housing Act 1996 (as amended)

Part VII – Homelessness Provisions Duties of Local Authorities to Homeless

Persons advice, assistance and accommodation dependant on

circumstances

Interim accommodation – section 188

- apparent priority need Further Temporary/Permanent

accommodation - section193

- dependant on additional factors

What Duty?

Duty to accommodate – Priority Need

Section 189 Housing Act 1996

(a) a pregnant woman;

(b) a person with a dependent child/ren;

(c) a person vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason;

(d) homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

Power in s189 HA 1996 Further PN categories in Wales Care leavers, fleeing domestic

violence, leaving prison and armed forces, and

HOMELESS 16 AND 17 YEAR OLDS

The Homeless Persons (Priority Need) (Wales) Order 2001

Guidance?

Code of Guidance for Local Authorities on Allocation of Accommodation and Homelessness – 2003

Chapter 14 All homeless 16 and 17 year olds

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Interpreting the Legislation

The Courts & the WAG

The Key Judgments

R (M) v Hammersmith & Fulham LBC (2008) UKHL 14 16 & 17 year olds ‘child in need’ v ‘priority need’ s.20 Children Act 1989

R (G) v Southwark LBC [2009] UKHL 26 s.20 revisited Scope of SS powers Limitations of HPU role & powers

Examples & Consequences

R (MM) v Lewisham LBC [2009] EWHC 416

R (FL) v Lambeth LBC [2010] EWHC 49 ( Admin)

Alexander-David v LBHF [2009] EWCA Civ 259 Impact of TOLATA 1996 Annex 25, CoG

Guidance for the Front Line

Homelessness strategies (Ch. 8 CoG)

Prevention & joint assessment (10.25 &10.26 CoG)

“Provision of Accommodation for 16 and 17 year olds” DOH/DCLG www.communities.gov.uk/publications/housing/ho

melessness/sixteenseventeen

WAG guidance to follow on: Assisting homeless 16 & 17 year olds Joint working & protocols

Homeless 16 & 17 Year Olds - Expectations

In addressing homelessness amongst 16/17

year olds, what expectations should your

‘group’ have of:

Social services Homelessness Department Government (WAG/Westminster) Homeless 16/17 year olds

Homeless 16 & 17 Year Olds - In Practice

1. What works?

2. What could improve and how?

3. If you could change one thing, what would it be?