Young people will be given full information about the support that they could receive to help them make a fully informed decision. This must include:
- Advocacy support
- Information outlining support to return to their parent/carer or within their family/friend's network
- Early Help
- Section 17, section 20, leaving care and assistance available under Part 7 of the 1996 Housing Act
Children’s Services and Local Housing Authority teams will be trained to understand the different legislation and how it affects young people. It is essential that the young person is fully consulted with and understands the implications of being accommodated by Children’s Services and becoming looked after.
The Social Worker and the Local Housing Authority leading the assessment must provide full information about the package of support that the young person can expect as a looked after child and, subsequently, as a ‘former relevant’ care leaver (as defined in section 23C (1) of Children’s Act 1989 Act). If they are not looked after for the specified period, the young person leaving care would be a ‘Person qualifying for advice and assistance,’ as set out in section 24 of the Children’s Act 1989
Young people’s wishes and feelings will be always taken into consideration, but this must be balanced with their needs. An example of this is that information about a vulnerable young person must be shared between agencies and those with Corporate Parental responsibility whether the young person gives consent.
Where homelessness and or the threat of homelessness is established, the young person will be provided with the opportunity to meet and discuss their options with an independent advocate within 5 working days to provide them the time to consider their options fully and ensure they have had full information and have made an informed decision.
A young person over 16 years can ask to be supported under section 17 and section 20 at any point in this process. Children’s Services and Local Housing Authorities will work together to establish the young person’s wishes and feelings regarding the provision of accommodation giving due consideration (having regard to their age and understanding) to such wishes and feelings as they have been able to discover.
The joint assessment outcome will be explained to the young person and their family, where appropriate, at the earliest possible opportunity.
The Local Housing Authority will continue to provide support under a Personal Housing Plan and if a young person decides they do not want a service under section 17 or section 20 Children’s Act 1989, (subject to consent).
When young people feel that their needs are not being adequately addressed by Children Services, in relation to Section 17 and Section 20 of the Children’s Act 1989, they have several avenues to escalate their concerns:
- Advocacy Services: Young people can seek support from independent advocacy services. Advocates can help them express their views and ensure their voices are heard in decision-making processes.
- Formal Complaints: If a young person believes that Children Services have not acted in their best interests, they can file a formal complaint with the Local Authority. This process typically involves outlining the specific issues and requesting a review of the decision.
- Legal Advice: Consulting with a solicitor who specializes in children’s law can provide guidance on rights and options. They can help navigate the legal framework and represent the young person if necessary.
- Ombudsman: If the Local Authority’s response is unsatisfactory, young people can escalate the matter to the Local Government and Social Care Ombudsman, which investigates complaints about Local Authorities.
- Judicial Review: In some cases, if a decision is believed to be unlawful, a young person may seek a judicial review. This is a more complex legal process and typically requires legal representation.
It’s important for young people to know their rights and have access to support throughout this process. The young person can be advised of their right to complain about the assessment process using NYAS (National Youth Advocacy Service) Telephone: 0808 8081001.
