The Homelessness Reduction Act (2017) introduced 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.
Local Authority Children’s Services are among the public authorities which are required to notify a Local Housing Authority of young people they consider may be homeless or threatened with homelessness (it is likely they will become homeless within 56 days - Section 213B of 1996 Act). Provision of accommodation for 16- and 17-year-olds who may be homeless and/or require accommodation
This duty applies where the young person is 16 or 17, as well as to other members within the household. If the young person approaches or is referred to Children’s Services, consent must be obtained before a referral can be made to the Local Housing Authority. This consent should be obtained through an informed conversation with the young person through which they are able to understand the duties owed by Children’s Services and what they should expect to be the outcome of a referral to Local Housing Services.
Children’s Services may consider the use of advocacy services appropriate to ensure the young person fully understands this information.
When the referral is made to the Local Housing Authority, Children’s Services should include a summary of any initial assessment and provision of support to the young person and what assistance, if any, Housing Services might provide. When the Local Housing Authority receives a ‘duty to refer’, from Children’s Services the two agencies should work collaboratively to ensure that the best interests and needs of the young person are met.
The ‘duty to refer’ completion does not diminish Children’s Services responsibilities towards the young person. It should be used to help strengthen communication between Children’s Services and the Local Housing Authority.
The ‘duty to refer’, will not be an alternative to carrying out a Child in Need or Early Help assessment.
For more information on the ‘duty to refer’ to housing see the Homelessness code of guidance for local authorities
