For a young person approaching the Local Housing Authority for accommodation, an application will be considered under Housing Act 1996. Part 7 of the Housing Act (1996) as amended by the Homeless Reduction Act (2017).
If the Local Housing Authority has reason to believe the young person is homeless, or is threatened with homelessness within 56 days, they will make the necessary and relevant inquiries under Section 184 Housing Act 1996 to establish if any duties are owed.
If the young person is eligible, at risk of homeless and is 16/17 years old; they may have a priority need. If the Local Housing Authority are first approached by the young person, they will have a duty to secure interim accommodation.
The Homelessness (Priority Need for Accommodation) (England) Order 2002 provides that the following have a priority need for accommodation for the purposes of Part 7 (1996) Act:
a. A child aged 16 or 17 who is not a relevant child of section 23A (Children’s Act 1989) and is not owed a duty to provide accommodation under section 20 (provision of accommodation for children in need).
b. A person (other than a relevant student) who:
- Is under 21, and
- At any time after reaching the age of 16, but while still under 18, was, but is no longer, looked after, accommodated, or fostered.
The Local Housing Authority will be unable to determine whether a 16-17-year-old has priority need under the Housing 1996 Act until a child in need assessment has been completed.
Staffordshire Children’s Services should be contacted, and a joint interview should be arranged without delay. The homelessness legislation acts as a safety net for any homeless 16- and 17-year-olds who are not owed a duty under Section 20 Children’s Act (1989).
The Local Housing Authority will commence their investigations. Once completed and it is assessed that the young person is eligible and threatened with homelessness, prevention and relief duties will be owed.
The Local Housing Authority will work with the young person to create a Personalised Housing Plan. This plan will outline the agreed reasonable steps for the Local Housing Authority and the young person to complete, in securing suitable and safe accommodation as it becomes available. This plan will be kept under regular review and will be shared with the young person’s social worker and will align with the child in need plan.
Local Housing Authority will inform Children’s Services where there is no longer any duty owing or because the young people:
- Temporary (interim) accommodation has ended
- Has refused a ‘final’ offer of accommodation
- Has become intentionally homeless
- Is no longer eligible for assistance
- Has deliberately and unreasonably refused to co-operate
For further guidance on how the prevention and relief duties can end, see Chapter 14 of the Homelessness Code of Guidance
In most cases where a 16- or 17-year-old is homeless, Children’s Services should give primary consideration to accommodation under Section 20 of the Children Act 1989, as set out in statutory guidance and reinforced by Ofsted’s Good Decisions findings. A young person may decline accommodation under Section 20; however, this decision must be:
- informed,
- supported by clear explanation of consequences,
- made with consideration of the young person’s capacity, and
- supported by the offer of independent advocacy.
Perceived independence, sofa surfing, or temporary stays with friends do not constitute evidence of independence and must not be used to justify the absence of statutory support. Decisions must be based on the child’s welfare, not on placement availability, cost, or accommodation pressures.
Case law Reference to this process: House of Lords - R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)
