Staffordshire Youth Homelessness Joint Protocol (16-17)

Accountable lead: Bernie Brown

Author: Lynsey Dawson

Introduction

Young People are better off living at home or within their family network, if it is safe for them to do so. This protocol affects those young people aged 16 and 17 who present or appear to be homeless and what agencies will do to assess their needs and support them.

Whilst the section 20 Children Act 1989 duty takes precedence, Local Housing Authority also have duties towards young people who are homeless or threatened with homelessness. Duties owed by each agency will depend on a range of factors, including:

Which service the young person initially seeks help from
The outcomes of any assessments and enquiries
The wishes and feelings of the young person and their family

It is therefore essential that Children’s Services and Local Housing Authorities work together to plan and provide services that are centred on young people and their families and prevent young people from being passed back and forth between services.

This protocol provides a pathway for homeless 16- and 17-year-olds to provide a consistent response with clear lines of accountability. There is also a process for conflict resolution so that when this occurs, this will be dealt with on a case-by-case basis and in a way that does not undermine the relationships the Intensive Prevention Service provides at a local level.

This protocol has been developed in compliance with legislation and statutory guidance and has been adopted as a working document by nine signatories, to guide their activities when undertaking work with our vulnerable children.

Corporate parenting

The principle of corporate parenting means that the Local Authority has a legal and moral duty to all its children in their care and those who have left their care, as any good parent would provide for their child. Corporate parenting does not just involve Children’s Services, it includes Staffordshire County Council as a whole (including elected members and all officers), and all partner organisations including Local Housing Authorities, Department for Work and Pensions and Youth Offending who are expected to have regard to seven principles when designing and delivering services:

To act in the best interests, and promote the physical and mental health and wellbeing, of those children and young people
To encourage those children and young people to express their views, wishes and feelings
To consider the views, wishes and feelings of those children and young people
To help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners
To promote high aspirations, and seek to secure the best outcomes, for those children and young people
For those children and young people to be safe, and for stability in their home lives, relationships and education or work; and
To prepare those children and young people for adulthood and independent living.

The Corporate Parenting principles, above, are underpinned by one key question which runs through the core of this document.

Would this be good enough for my child?

The guiding principles

All young people should be:

The shared responsibility of their corporate parents, with reference to the seven principles
Given as much information, control, and choice as possible and in a timely manner prior to leaving care
Listened to and their feelings and wishes be considered
Able to make mistakes, learn from them, and be given a second chance, and perhaps more
Given flexible and personalised support to meet their needs.

Aims of this protocol

To set out how Staffordshire County Council’s (Children’s Services) and Staffordshire’s district/borough councils (Local Housing Authorities) will work together to provide a consistent approach with a focus on the best possible outcomes for our young people who are homeless, or at risk of becoming homeless by:

Ensuring effective homelessness prevention services for 16 and 17 year olds
Ensuring that legislation and statutory guidance is interpreted consistently by Staffordshire County Council's (Children's Services) and Staffordshire's district/borough councils (Local Housing Authorities)
Providing clarity for all organisations on their roles and responsibilities in line with current legislation and statutory guidance, including that contained within the Homelessness Reduction Act 2017.
Providing clarity for all organisations on their roles and responsibilities following the judgement in the R (G) v LB Southwark (May 2009) by the House of Lords ("the Southwark Judgement") and joint statutory guidance - Provision of accommodation for 16 and 17 year olds who may be homeless 2018.

Guiding principles

This protocol is guided by the following agreed principles:

All agencies will work effectively together to keep our young people safe.
Our young people will be supported to live with their immediate families or, where this is not safe or appropriate, with responsible adults in their wider family and friends’ network.
Our young people in crisis will receive a consistent, practical and immediate response from whichever agency they first approach with interventions that focus on preventing homelessness.
Safeguarding concerns will be shared with procedures on the Staffordshire Safeguarding Children Partnership
Bed and breakfasts are not suitable for use by children' s services or Local Housing Authority to accommodate 16 and 17-year-olds, even on a temporary basis. Where B&B is the only accommodation available, Children Services and the Local Housing Authority will work collaboratively to secure an agreed suitable accommodation option.
Our young people will be given every opportunity to understand the options available to them to enable them to make informed choices about their future.
Our young people will be provided with information about accessing independent advice and support, including details of any local advocacy services.
Children’s Services will take the lead regarding assessing and meeting the needs of 16- and 17-year-olds who seek help because of homelessness given that the Children Act (1989) takes precedence over the Housing Act, (1996) Act.

[Staffordshire Housing Partnership (Young People) have recognised that without specialist Young Person’s accommodation being widely available across Staffordshire County, there may be situations where both Children’s services and the Local Housing Authority will need to work collaboratively to formulate the decision to place our young person in a Bed and Breakfast provision. These will be in exceptional circumstances, with the appropriate Director / Senior Manger oversight and agreement.]

Monitoring and management of the protocol

Staffordshire Housing Partnership (Young People) Will monitor and review the success of this protocol and relevant data to support decision making around Young Peoples Homelessness. The wider objectives of the group will be to develop, implement, monitor and review the available services for young people who are at risk of homelessness, or who are homeless by:

Monitor the number of young people presenting themselves as homeless (through all available channels) utilising the existing organisational data recording practices.
Collate and share data between organisations to monitor trends
Addressing the wider issues relating to young people's homelessness
Ensure that joint initiatives and development plans are developed and agreed across partner agencies, which facilitate good working practices.
Providing strategic direction for the development of the services for Young People.
Ensuring that relevant strategies complement and support the provision and delivery of appropriate services for young people who are homeless or threatened with homelessness.
Staffordshire Housing Partnership (Young People) – Strategic Group, will meet three times per year to discuss the embedding of this protocol and initiate consideration of the wider issues affecting our young people and housing.
Staffordshire Housing Partnership – Delivery Group, will meet monthly to discuss the operational success of this and the care leavers protocol.
Staffordshire Housing Partnership – Local Housing Steering Group, will meet 8 weekly in each district to discuss our young people on a case-by-case basis.
The governance of this protocol will be kept under review by the Corporate Parent Panel.
This protocol will be reviewed on an annual basis, or when there is a change/update in legislation.
Training around the principles of this protocol will be rolled out to teams within Staffordshire County Council, Local Housing Authorities, registered housing providers and other key professionals who have a responsibility to ensure that this protocol and its guidance are followed, as part of Staffordshire Housing Partnership (Young People) communities of practice collaborative reflective sessions.
For new starters for whose role this protocol applies to, this Protocol will form part of their induction process.
Our care experienced young people will be consulted on the development of this protocol through the Voice Project and in any future reviews to the protocol.

Staffordshire County Council needs to collect information about the people it works with to carry out its functions and deliver services to our residents. Staffordshire County Council through its policy, procedures and training will make all efforts to:

Comply with the law and good practice.
Respect individual’s rights and protect their privacy.
Be open and honest with people about the data we hold.
Ensure employees handling personal data have training and support that allows them to act confidently and consistently.

At the heart of data protection is the need to protect people’s personal information and treat it with respect. Where Staffordshire County Council and partners collects and uses personal data, they will strive to work in accordance with the data protection principles of the UK General Data Protection Regulation and Data Protection Act. The UK General Data Protection Regulation provides individuals with expanded rights over how their personal information is processed. More information on the below can be found on the ICO website.

Right to be informed - Individuals have the right to be informed about the collection and use of their personal data. This includes details about the purposes of processing, retention periods, and who it will be shared with.
Right of access - Individuals can request access to their personal data and obtain a copy of it, along with other supplementary information.
Right to Rectification - If personal data is inaccurate or incomplete, individuals have the right to have it corrected
Right to Erasure - Also known as the “right to be forgotten,” this allows individuals to request the deletion of their personal data in certain circumstances.
Right to Restrict Processing - Individuals can request the restriction or suppression of their personal data under specific conditions.
Right to Data Portability - This right allows individuals to obtain and reuse their personal data for their own purposes across different services.
Right to Object - Individuals can object to the processing of their personal data in certain situations, such as for direct marketing.
Rights Related to Automated Decision-Making and Profiling - Individuals have rights regarding decisions made solely by automated means, including profiling, which significantly affect them.

Where a data subject approaches the Staffordshire County Council wishing to exercise any of these rights the request must be passed immediately to the Information Governance Team via email to: infogov@staffordshire.gov.uk

The plan

Young person has initial contact as homeless (defined at step 1) with children's services (including Early Help Teams and SCASS) or with a district or borough council.
Children's services makes enquiries and investigation to clarify, inc. referral to IPS and speaking to wider family; or referral to children's services via Duty Hub/SCASS/EDS. Housing makes enquiries and investigation to clarify situation.
Social worker to complete CWSA within 10 working days, or update the CWSA/CIN, if already in place; or, if not already open to children's services, housing to provide emergency accommodation if required. NB if the receiving agency does not have a suitable interim accommodation, then consultation will need to take place between agencies to see if there is a more suitable offer.
Emergency accommodation provided by children's services, if required. NB if the receiving agency does not have suitable interim accommodation, then consultation will need to take place between agencies to see if there is a more suitable offer; or, following referral from housing, SCASS to raise a referral and allocate to specialist safeguarding unit.
Joint interview and assessment to be arranged and to take place as soon as possible.
1. Young person can return home
  1. Teams work collaboratively to prevent homelessness
  2. Assessment of s17 duties made by children's services
  3. Return home is supported by IPS
  4. If initial approach is made to housing - decision issues, either not homeless, end of prevention or relief.
2. Young person accepts children's services accommodation
  1. Children's services provide support and accommodation (accommodation agreed by a critical friend conversation)
  2. If initial approach is made to housing - decision issues, either end of relief duty or non-priority decision.
3. Young person refuses section 20
  1. Housing assessment under 1996 Housing Act, provide temporary accommodation and issue decision letter following assessment.
  2. S17 Child In Need developed
  3. If eligible and homeless, accommodation and duties under S189B or S193 will continue or discharged.
  4. If no suitable accommodation on offer, children's service to offer accommodation via S17. This will be explored at the joint interview.

Prevention tools

Prevention of homelessness is key to a robust and successful multi-agency approach. There are several prevention tools available to help keep families together, where safe and appropriate to do so. Both Local Housing Authorities and Children’s Services should draw on any interventions available to them. In doing so, supporting the best interest of the young person by enabling them to stay within their home, or with extended family networks.

A review of the evidence on approaches to youth homelessness prevention on Parliament's website, carried out by Centrepoint in 2016, identified the following four key principles for successfully preventing youth homelessness:

Multi-agency working, to ensure all agencies coordinate to identify and respond to young people at risk.
A ‘single front door’ approach, to ensure young people have a consistent and reliable place to access everything they need, and to ensure they are not passed between services.
A whole family approach that responds to the breakdown of family relationship Intensive Prevention Service as a key driver of youth homelessness.
Positive professional relationship Intensive Prevention Service that helps young people build trust, resilience and self-esteem.

All organisations involved in supporting the young person, will look towards the possibility of mediation between the young person and their family to resolve any issues that are causing them to be at risk of homelessness. This is often referred to as upstream prevention or universal prevention. To differentiate from the definition often used as ‘Prevention Duty’ which is a statutory homeless duty.

The provision of mediation intervention may be coupled with a behavioural agreement and further support to help promote positive behaviour that would, again, decrease the risk of homelessness.

Once Children’s Services are aware of the young person being at risk of homelessness, a referral into the Intensive Prevention Service should be made. Following the referral being accepted by Intensive Prevention Service a joint visit will be undertaken by the allocated Social Worker and a member of Intensive Prevention Service to develop a robust package of support to enable the young person to remain living with their family.

The team around the young person should begin exploring the young person’s wider family network with consideration to making a referral to the Family Group Conference Service or convening a family meeting so that the young person can remain living within their family.

Intensive prevention service supports our children and young people:

With emotional, psychological, and behavioural problems.
Who may also be at risk of coming into care.
To remain in their home or to return home from a period of short-term accommodation
To ensure that those individuals with greatest need are supported before their problems become entrenched.

The service is time limited for up to 12 weeks and the case management responsibility of the Young Person will remain with duty or lead allocated social worker.

Responding to a homeless approach

A young person may present themselves as homeless, or as threatened with becoming homeless within 56 days to a variety of places, including any part of Staffordshire County Council’s Children’s Services, or Local Housing Authorities.

Once a report of the homelessness of a 16 or 17-year-old is received, the responsibility lies with the receiving agency to undertake the “steps” identified below.

The most critical issues to be determined in the first instance, will be: -
Whether the young person is homeless.
If the young person is a child in need (section 17) and/or is suffering, or likely to suffer, significant harm (section 47)
And/or if the young person requires emergency accommodation.

If the young person requires accommodation, Children’s Services must accommodate them immediately. The welfare of the young person is paramount. It is important that this 16- or 17-year-old child must not be placed at risk whilst waiting for the completion of an assessment.

Step 1: Initial contact

When a 16 or 17-year-old child states that they are homeless, or are threatened with becoming homeless within 56 days, a report of this kind, by the young person or someone acting on their behalf. Requires the receiving agency to commence further investigation and ensure the Young Persons immediate safety before the matter can be referred to another supportive agency. Where the young person is from another Local Authority area, that Local Authority will be contacted to ascertain if they are known to them. A discussion will be completed as to which authority will accept responsibility for that young person, without delay. Any immediate safeguarding matters will be addressed to ensure the young person is safe pending the outcome of the decision.

A young person may reach out to any of the following:

Children’s Services - including Staffordshire Children’s Advice and Support Service, Early Help Teams and Safeguarding Teams, specialist safeguarding units.
A Local Housing Authorities (District or Borough Council)
Other voluntary or statutory organisations working with young people.

Other voluntary or statutory organisations, working with Young People, should contact Staffordshire Children's Advice and Support Service with information about the young person reporting as being homeless or threatened with homelessness. Or complete the “Duty to Refer” online form for their Local Housing Authority.

A homeless approach can be received by telephone or in person by any part of Staffordshire County Council’s Children’s Services or the relevant housing authority. Whichever agency is the first point of contact, they will work collaboratively and arrange a joint interview. The duty social worker must, in all cases, make the appropriate arrangements with the Local Housing Authority to commence a joint interview that supports the young person to attend without delay.

A multi-agency assessment should make clear from the outset who is responsible for what actions, within what timescales, and what the possible outcomes of the assessment might be – in line with local protocols for assessment, as required under Working Together to Safeguard Children.

Step 2: Processing the homeless application and joint interview

The agency (Children’s Services or Local Housing Authority) who has this initial contact with the young person, will be responsible for gathering detailed information to determine whether the young person is homeless, or if they can be supported to return home. It will be fundamental to establish why the young person believes they are no longer able to live at home to prevent the young person becoming homeless.

If following these initial enquiries, it is evident that the situation can be resolved through an immediate short-term intervention, [such as phone mediation with parent(s) / carer(s), an Early Help referral or through signposting the young person to additional support services] then this will be completed by the first agency contacted.

If it is evident that a short-term intervention would not provide a solution or reduce the risk for the young person, then the joint working arrangement must be initiated. If a young person presents to the Local Housing Authority, then Children’s Services should be contacted to attend an initial joint interview and vice versa. This can be facilitated virtually if officers agree, and it supports swift attendance for the young person. If it becomes apparent there may be little alternative other than interim accommodation, then agencies will collaboratively discuss the best suitable accommodation offer. [see step 4].

At the joint interview it would be expected a Duty / Allocated Social Worker be present, with a Local Housing Authority officer, the young person and advocate (if necessary) to establish further details and actions as described throughout this process.

This interview will be key in enabling early interventions to avoid unsuitable accommodation. This will also provide the young person with a realistic expectation of the services on offer from all agencies, and future arrangements, requirements and plans.

The Duty / Allocated Social Worker will be responsible for taking the appropriate details and aiding in the process of passing this information over the Staffordshire’s Children’s Advice and Support Services to allow for multi-agency checks and to allow Staffordshire’s Children’s Advice and Support Services to raise the referral.

Step 3: Immediate support issues and risks

It will be important to build a clear picture of the young person’s immediate support needs, before deciding on the best course of action. Each agency can use their usual paperwork to inform joint risk and decision making, along with collaborative discussion of the best solution available to mitigate the risks to the young person, based on the presentation of the young person and initial wider enquiries.

Step 4: Homeless prevention

Clarification will be sought as to whether the young person will face immediate homelessness and if the young person has somewhere to stay where they feel safe.

If it is established that the young person can return home, consideration should be given to any ongoing support needs that the young person and their parents/family may need, and how these will be met.

Discussion with the young person's parents/carers is fundamental in understanding their wider environment and to negotiate their return home. If it cannot be established whether the young person can return home safely (step 5) should be followed. Understanding the young person’s views and desired outcomes will be fundamental in providing successful interventions. For example, is it about seeking a tenancy and support to manage that; is it about support to enable them to return home; is it about living in supported accommodation, or is it something else? Having open and honest conversations with the young person about options and solutions as well as being realistic about their level of choice, will be vital to achieving those outcomes.

If the first approached agency has reason to believe that the young person will approach another agency or organisation, they should update as necessary. Partner agencies/organisation should accept and support the findings of the first approached agency, unless there is good reason not to do so.

The young person should be made aware of their rights and options and the officer dealing with the homeless approach should ensure that the young person has seen the Young Person’s information leaflet (See Appendix 8).

Step 5: Alternative accommodation

If it cannot be established that the young person can return home safely, secure interim accommodation must be provided for them. This will remain the responsibility of the first agency approached, until the young person’s pathway is formally agreed.

Alternative accommodation must be arranged by the receiving agency under their applicable duties triggering the relevant statutory assessments. The most suitable alternative accommodation must always be sought but depending on the time of day and availability.

The flowchart highlights the pathway, if the receiving agency does not have suitable interim accommodation, then collaboration will need to take place between the agencies to establish the most suitable offer. This could be, for example, a crash pad or Children’s Services Supported Accommodation. Following the joint discussion, the appropriate accommodation route will be agreed. The receiving agency will lead and fund this placement. Children’s Services will ensure their assessment is concluded without delay. This will need to be completed within 10 working days.

Housing authorities will be unable to determine whether a 16–17-year-old has priority need under the 1996 Act until a child in need assessment has been completed. It is therefore essential that referrals are made, and assessments completed in a timely manner.

Importance will be placed on checking the young person’s circumstances and wellbeing, including if they have access to food and benefits, which can be discussed at the end of the interview. If the Local Housing Authority is unable to assist with emergency subsistence to the young person Children’s Services should provide the subsistence to support the young person.

The young person may decline the offer of accommodation from the receiving agency in favour of making their own decisions and accessing services from another agency (e.g. declining the offer from Children’s Services in favour of accepting an offer from Housing, or vice versa).

While this should not be encouraged, it is an option open to the young person. Such a referral will not be made until the information collected at Steps 1 – 4 has been recorded and transferred to the chosen authority to avoid duplication. The young person should be offered support from the independent advocacy service to promote and support decision making.

A summary of the immediate support requirements [identified at Step 3], including any that will be provided by both agencies, should be shared with each agency. The young person should also have signed the ‘Consent Form’ for young people if they do not wish to become looked after by Children’s Services. (See Appendix 4) and a copy shared with Children’s Services.

In the best interests of the young person and to maintain effective joint working relations, the Intensive Prevention Service and both agencies will not encourage or influence a young person’s decision to reject one agency’s offer in favour of another. In most cases, the first agency approached will provide the interim accommodation during the assessment process [Steps 7 & 8].

Step 6: Joint visit

The outcome of the initial contact with the young person [Step 1], and any follow-up work will be recorded to enable information sharing between all relevant partners dependant on consent. Local Housing Authority will refer all 16 -17-year-olds who are confirmed as being homeless to Staffordshire Children’s Services.

In all cases of confirmed homelessness, joint home visits will be carried out to families and carers unless there are safeguarding concerns, as set out in Working together to safeguard children 2023: statutory guidance on the GOV.UK website. This visit must be completed within 5 working days after the initial approach from the young person. This will constitute the ‘initial visit’ for Children’s Services which triggers the start date of the Child Social Work Assessment.

The objective of this initial joint visit is to achieve family reunification, a referral to Staffordshire Children’s Services’ Intensive Prevention Service will also be explored.

Where a young person is not able to return home, this joint assessment will investigate all suitable and available accommodation options with the responsible adults of the child, including their wider family and friends’ network.

A Child Social Work Assessment will be completed without delay and within the statutory 45 working days of referral. Staffordshire Children’s Services will decide, within 10 working days of a young person being provided with temporary accommodation, if they are to be provided accommodation under Section 20 or Section 17 (Children Act 1989).

Important to note: In considering accommodation options and other statutory guidance, if the young person was provided with emergency accommodation, for a continual period of 24 hours, they will become Looked After [see section 20 Children’s Act 1989].

Most homeless young people will be a ‘child in need’, unless they have previously lived independently successfully, or have the capacity to decide for themselves and have declined to be accommodated under Section 20 (Children’s Act 1989). The Social Worker will discuss the implications of being looked after with the young person using the checklist (See Appendix 3) as reference and having provided the young person with impartial and balanced information about the support available and providing the opportunity for independent advocacy.

Important to note: Young people who are perceived to be resourceful, streetwise and able to stay with friends in an unsettled way, will not be considered to have been living independently.

Children’s Services will determine if services are to be provided under Section 20 (Children’s Act 1989) and will apply the following tests to determine this:

Is the young person a child? (i.e. under the age of 18).
Is the young person a child in need, according to the following criteria:
1. Are they unlikely to achieve or maintain, or have a reasonable opportunity of achieving or maintaining, a reasonable standard of health or development within the provision of services by a Local Authority under Section 17, or
2. Is their health or development likely to be significantly impaired or further impaired without the provision of such services, or
3. Are they disabled?
Does the young person appear to require accommodation?
Is the need for accommodation the result of one of the following criteria:
1. There being no person who has responsibility for the child.
2. The child is lost or abandoned
3. The person who has been caring for the child is being prevented from doing so (permanently, and for whatever reason) from providing the child with suitable accommodation, or care, or
4. Section 20 (3) Every Local Authority shall provide accommodation for any child in need in 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 them with accommodation.

Importance must be given to the young person’s wishes and feelings. [See Appendix 1].

The Child Social Work Assessment will confirm whether the criteria for providing the young person accommodation under Section 20 has been met. If a child chooses to become looked after this will be explained to the young person.

Suitable and safe accommodation provided must be appropriate to the young person’s needs; and the types of accommodation considered will be:

Supported Accommodation.
Supported Lodgings.
A placement with foster carers.
A placement in residential accommodation.

Staffordshire Children’s Services may work with other agencies to identify suitable accommodation and support options. This collaborative protocol requires that Children’s Services will discuss the young person’s circumstances with the Local Housing Authority before making an adverse decision (i.e. that no Section 20 duty is owed) This is to ensure a collaborative approach is supported discussion is completed around additional considerations or interventions might be relevant.

Young people who have been offered support through the Section 20 legislation must be assessed by their social worker, to have the capacity to make decisions and understand the positive or negative outcomes of their decision making. Information and guidance about the realities of living independently and the availability of alternative accommodation will be discussed to enable the young person to make an informed decision.

Every 16-17-year-old assessed as being a child in need but who does not wish to be accommodated under Section 20 (Children’s Act 1989) should have a child in need plan setting out the services that will be provided to meet their needs as well as the option for an independent advocate.

Step 8: Homeless application to housing, local housing authority

For a young person approaching the Local Housing Authority for accommodation, an application will be considered under Housing Act 1996 on .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 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).
A person (other than a relevant student) who: -
1. Is under 21, and
2. 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 person’s:

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.

Most young people, who are living independently in temporary accommodation, may lack skills in managing independent living and household budgeting. Young people, who are estranged from their family, will often lack the support network available that most other young people who are setting up their own home for the first time have.

Where the young person declines to be accommodated under section 20 (Children’s Act 1989), that young person can still be provided with practical support from Staffordshire Children’s Services under Section 17, set out in a child in need plan.

Case law Reference to this process can be found on Parliament's website.

Duty to refer to housing

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 16-17 year olds who may be homeless and/or require accommodation can be found on the GOV.UK website.

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. Rather 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 GOV.UK website.

Independent advocacy

Children’s Services and the Local Housing Authority will offer and encourage the young person to seek support from independent advocacy services to ensure that the young person fully understands the information and options available to them.

Young people’s advocacy is aimed at ensuring that the voices of young individuals are heard and respected, particularly in decisions that affect their lives. Change Grow Live (CGL) provide advocacy and independent visitor services for our children and young people. The service is available to children and young people up to the age of 25. Follow the below link to make are referral or contact via email for advocacy services on sscrs@cgl.org.uk or by phone on 07809 587007.

Provision of information and guidance to young people

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.

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 Act which can be viewed on the Legislation website.

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) – 0808 8081001

More information is available on the National Youth Advocacy Service website.

Out of hours

Emergency out of hours officers from either Children’s Services or Local Housing Authority, will deal with homeless approaches in a way which is consistent with this protocol.

No referrals between agencies will be made “Out of Hours”, unless there are safeguarding concerns. The agency that has dealt with the initial approach out of hours will ensure that the steps outlined in the protocol are completed by and action taken [in full] the next working day.

Out of hours access

Where a young person presents as homeless outside of office hours, the priority must be the safety and well-being of the young person, and where needed, housing accommodation or accommodation under section 20 if there are immediate safeguarding issues. This will be provided and reviewed the next working day.

All out of hour’s enquiries are made to Staffordshire County Council’s Emergency Duty Team. If accommodation options are not available, not suitable or refused by the young person, the Emergency Duty Team, will contact the Local Housing Authority for assistance or to source an alternative. Children’s Services have instructed that Bed and Breakfast is not regarded as suitable accommodation. [It is important to note that Bed and Breakfast may be the only available options through the Local Housing Authority]. Collaborative working around securing the most appropriate accommodation must take place and all Bed and Breakfast use must be signed off by the appropriate On-Call Senior Lead for Children’s Services.

The Emergency Duty Team will undertake initial enquiries with the young person and their family/carer to establish if the young person is at risk of homelessness and cannot safely return to a parent/carer/family member. Should the young person present on a Friday evening or a Saturday this will include a face-to-face visit with the young person by an Emergency Duty Team worker and an immediate referral for an Intensive Prevention Support Worker, who will commence family work over the weekend period to establish initial homelessness.

The Emergency Duty Team will ensure Children’s Services, and the Local Housing Authority are aware of the young person who has reached out for support the next working day, without delay. Sharing the communications completed with the accommodation provider. Children's Services and the Local Housing Authority will then commence a joint assessment the next working day and the normal process will be followed.

Dispute resolution

This protocol aims to minimise disputes and encourages open and respectful dialogue. Conflicts may arise between professionals from the young person’s initial assessment between any professional who is part of the team around the young person. The young person, Local Housing Authority and Children’s Services may escalate their concerns about the decision or practice of any other agency.

A dispute may be escalated through the stages below to seek resolution:

Discussion between operational front-line practitioners.
Discussion between direct-line managers to explore strategic solutions and compromise.
Where there are concerns around a placement provision for our 16–17-year-olds this will through a discussion between partners which would be arranged by the Placements Team - placement.unit@staffordshire.gov.uk

If a resolution cannot be reached, a discussion will take place between the relevant service leads.

Staffordshire Safeguarding Children Partnership ‘Escalation Procedure’ (2019) will be utilised to take forward the most serious concerns or intractable problems.

Appendix 1 - wishes and feelings of the young person

Local authority Children’s Services have a duty to ascertain the wishes and feelings of a young person regarding the provision of services to be delivered under s17 (Children’s Act 1989). Section 20(6) of the Children Act (1989) also requires that, before providing accommodation under this section, a Local Authority shall, as far as is reasonably practicable and consistent with the child’s welfare: -

Ascertain the child’s wishes and feelings regarding the provision of accommodation; and
Give due consideration (having regard to their age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

Children’s Services should also ensure that the young person receives accurate information about what assistance may be available to them if they do not become looked after, link from housing under Part 7 of the 1996 Act. This will include any entitlement for assistance under Part 7. The considerations a young person needs to be made aware of are:

Duties on housing services to undertake an assessment, develop a personalised housing plan and to take steps to help the applicant retain or secure accommodation (sections 195 and section 189B of the 1996 Act).
The requirement on the applicant to cooperate and for applicants to take steps themselves as set out in a personalised plan (s193B and s193C of the 1996 Act).
The ‘accommodation offer’ under the relief duty, suitable accommodation which has a reasonable prospect of being available for occupation for at least 6 months (s189B and s195).
The implication of turning down offers of accommodation that are suitable (s193A of the Housing Act 1996).
The possible risk of being found or becoming homeless intentionally in the future (s191 of the 1996 Act).
Their right to request a review of decisions (s202 of the 1996 Act).

Where a 16 or 17-year-old child in need wishes to refuse accommodation offered under s20 (Children’s Act 1989). Children’s Services must be satisfied that the young person:

Has been provided with all relevant information.
Is competent to make such a decision.
That they do not need to take additional safeguarding action.

Every 16-17-year-old assessed as being a child in need but who does not wish to be accommodated under Section 20 (CA 1989) should have a ‘child in need’ plan setting out the services that will be provided to meet their needs.

Appendix 2 - useful contacts and key partners

Cannock Chase District Council

Civic Centre
PO Box 28
Beecroft Road
Cannock
WS11 1BG

Phone: 01543 462621

Out of hours emergencies: 01543 462621

Cannock Chase District Council website

East Staffordshire Borough Council

Customer Service Centre
Market Place
Burton Upon Trent
DE14 1HA

Phone: 01283 508120

Out of hours emergencies: 01283 508126

East Staffordshire Borough Council website

Lichfield District Council

District Council House
Frog Lane
Lichfield
WS13 6YX

Phone: 0333 220 3088

Out of hours emergencies: 01543 574480

Lichfield District Council website

Newcastle-under-Lyme Borough Council

Newcastle Housing Advice
Castle House
Barracks Road
Newcastle-under-Lyme
ST5 1BL

Phone: 01782 717717

Out of hours emergencies: 01782 615599

Newcastle Housing Advice website

South Staffordshire District Council

Wolverhampton Road
Codsall
Wolverhampton
WV8 1PX

Phone: 01902 696000

Out of hours emergencies: 01902 696504

South Staffordshire District Council website

Stafford Borough Council

Civic Centre
Riverside
Stafford
ST16 3AQ

Phone: 01785 619000

Out of hours emergencies: 01785 619170

Stafford Borough Council website

Staffordshire Children's Advice and Support Service

Tel: 0300 111 8007

Out of hours 0345 604 2886

Staffordshire Children's Advice and Support service page

Staffordshire Moorlands District Council

Moorlands House
Stockwell Street
Leek
Staffordshire
ST13 6HQ

Phone: 0345 605 3012

Out of hours emergencies: 0808 1692 333

Staffordshire Moorlands District Council website

Tamworth Borough Council

Marmion House
Lichfield Street
Tamworth
Staffordshire
B79 7BZ

Phone: 01827 709709

Out of hours emergencies: 01827 709709

Tamworth Borough Council website

Centrepoint

Offering advice to anyone aged 16-25

Phone: 0800 800 0661

Centrepoint website

Webchat (Mon-Fri 10-4pm)

Shelter

Advice, support and legal services for Young People struggling with bad housing or homelessness.

Phone: 0800 800 4444

Shelter website

Webchat (9-5pm weekdays)

YMCA

Supported Housing Rugeley website

Anthony Coton phone: 01889 586 578

Email: rugeleyhousing@ymcabc.org.uk

Staffordshire Advocacy - ASIST

ASIST website

Referrals on the ASIST website

Phone number: 0300 800 1000

Email: enquiries@asist.co.uk

Appendix 3

Checklist For Homeless 16-17-Year-Olds, If They Choose to Become Looked After Child by Staffordshire County Council.

If it is assessed that a young person cannot stay with family or friends, then young people have the right to choose whether they want to be looked after by the Local Authority (for Staffordshire young people this is Staffordshire County Council).

This could be supported accommodation under S20 (Children Act 1989) under ‘other arrangements’ or, they may be provided with supported accommodation under S17 (Children Act 1989). The differences will be carefully explained when they present as homeless so that an informed decision can be made.

Choosing to become looked after means that the young person is entitled to support and advice from an allocated Social Worker from Children’s Services but also means that the Local Authority will expect the young person to work in partnership and to engage with planning and decision making.

If you become looked after, the below checklist will apply to you -

You will have an allocated Social Worker who will complete an assessment of your needs and personal circumstances within 10 working days. Your Social Worker will then make recommendations about your care and how best to meet your identified needs.

If you’ve been looked after for at least 13 weeks, as you approach 18, you will be allocated a Personal Advisor (PA) who works alongside your Social Worker to offer you practical support and to advocate for you. You could receive this service until you are 25.

When you first become looked after you will be offered a medical to ensure that any health needs are identified and met in full. You will be asked to consent to this.

Your Social Worker will draw up a pathway plan with you and make sure that you receive support and services to which you are entitled. It is important you are involved in your pathway plan as it discusses your plans for the future and your future living arrangements.

Your Social Worker will visit you at your accommodation to check that where you live is safe and suitable and to make sure you are accessing all available support.

You will receive what is termed a “maintenance living allowance” if you are in supported accommodation for the same amount as any benefit entitlement that a 16 or 17-year-old would be able to claim. This money is given so that you can buy food, personal items and pay for additional expenses such as travel. You will be offered advice on how to manage your money and budget.

An independent reviewing officer will chair a looked after review which ensures your care plan is appropriate and is meeting your needs. The first review takes place within 28 working days. The second review takes place after three months and then every six months for as long as you remain looked after.

Your Personal Advisor will spend time with you working on managing your money, housing issues, employment or education, life skills and independent skills to prepare you for the future.

To support you with current education if you are accessing it, and to plan for your attendance at college or university in the future you will be offered a PEP which is a personal education plan. The PEP meeting involves you, your Social Worker and your Education provider.

If you are offered supported accommodation, it will be necessary for you to sign a tenancy agreement and to work within the terms of this. Landlords have expectations around behaviour and their property being maintained.

Once you reach 18 you will no longer be a looked after young person and this status will end. However, you may be eligible for leaving care services and in advance of you celebrating your 18th birthday the ongoing services and support to which you are entitled will be fully explained to you. These include support with housing, finances and other everyday life events. If you have not been looked after for at least 13 weeks, you may not receive this support.

Upon leaving care at age 18, you may need to claim benefits to help with your rent, you will be eligible for the one-bedroom rate under Universal Credit until you reach the age of 25 (depending on your income). Most single people applying for Universal Credit aged between 18 and 25 years old will get the significantly lower shared accommodation rate to enable them to afford shared accommodation.

When leaving care, you could have help with setting up your new home which will be coordinated by your PA. For instance, help with the upfront costs of securing accommodation or essential items.

When leaving care if you need a guarantor to secure accommodation the Local Authority may be able to act as your guarantor.

If you start in some forms of education (usually university) once you leave care, you may be eligible for help with the costs of this.

Appendix 4

Downloadable form available in printable version.

Consent Form for Young People who do not wish to become Looked After by the Local Authority (under S20 CA 1989) who have presented as homeless/threatened with homelessness.

I confirm that I fully understand that I have been assessed by the Local Authority, Children’s Social Care as being in need of accommodation under Section 20 of the Children Act 1989 due to my current homeless circumstances.

I can confirm that it has been explained to me that the Local Authority cannot force me to become looked after, but by choosing not to be looked after by the Local Authority I am limiting the options available to me in terms of after care services. However, I can request re-assessment at any time up until my eighteenth birthday.

I can confirm that I do not wish to be accommodated by the Local Authority.

Appendix 5 - Legal context

The Children Act 1989

The sections of the Children Act relevant to this protocol are all contained in Part III of the act (Local Authority Support for Children and Families). Specifically, there are two sections that are pertinent to assisting a 16- or 17-year-old in housing need:

Section 17 and Section 20

Section 17 (1) places a general duty on social services authorities to: -

Safeguard and promote the welfare of children within their area who are in need.
1. So far as is consistent with that duty, to promote the upbringing of such children by their families”

A Child in Need is to be taken here as someone who is under 18 and: -

Is unlikely to achieve or maintain a reasonable standard of health or development without the provision of appropriate services by a Local Authority, or,
whose health or development is likely to be significantly impaired or further impaired without the provision of appropriate services by a Local Authority.
who is disabled

It is important to note: the emphasis that s17 (1) places on promoting the upbringing of children in need by their families. To assist the young person a wide range of different services may have to be involved, and Section 17 (5) encourages Children’s Services to call upon other agencies to help them provide appropriate services for the young person, indicating that every Local Authority: -

shall facilitate the provision by others (including in particular voluntary organisations) of services which the authority has power to provide by virtue of this section, or section 18, 20, 23 or 24; and
may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

Where it is not possible for the young person to return home these additional agencies may include the Local Housing Authority.

Section 20 on the other hand lays down the specific duties owed to a young person. Section 20 has a tighter eligibility criteria than Section 17, and all 5 conditions must be met for a Section 20 duty to arise. Should they be met Children’s Services has a duty to accommodate under Section 20 entitling the young person to a specific level of accommodation and a full assessment of their needs which will produce a detailed plan continuing until the age of 21 or 25 if they remain in education. The plan should assist with accommodation, finance, education, employment, health and other skills to help them live independently.

Section 20 (1) states that “Every Local authority shall provide accommodation for any Child in Need within their area who appears to them to require accommodation because of: -

There being no person who has parental responsibility for him.
his being lost or having been abandoned.
or the person who has been caring for him being prevented (whether permanently, and for whatever reason) from providing him with suitable accommodation or care.

Furthermore, Section 20(3) states: “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”.

It is important to note: A young person has a right to refuse Section 20 support and all the additional assessments that accompany it and revert to the general duty under section17.

Housing Act 1996 and Homelessness Act 2002

Parts VI and VII of the Housing Act 1996 set out the legal framework for assisting homeless people and allocating housing. The specific sections in the Housing Act 1996 that are of importance to this protocol are: -

Section 175 Homelessness and threatened homelessness: -

A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he: -
1. is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,
2. has an express or implied licence to occupy, or
3. occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.
A person is also homeless if he has accommodation but—
1. he cannot secure entry to it, or
2. it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.
A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy,
A person is threatened with homelessness if it is likely that he will become homeless within 56 days.

Section.188 Interim duty to accommodate in case of apparent priority need: -

If the Local Housing Authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they shall secure that accommodation is available for his occupation pending a decision as to the duty (if any) owed to him under the following provisions of this Part.

Section 189 Priority need for accommodation: -

The following have a priority need for accommodation—
1. pregnant woman or a person with whom she resides or might reasonably be expected to reside.
2. person with whom dependent children resides or might reasonably be expected to reside.
3. a person who is vulnerable because of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside.
4. a person who is homeless or threatened with homelessness because of an emergency such as flood, fire or other disaster.

Section 191 Becoming homeless intentionally: -

A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

Section 193 Duty to persons with priority need who are not homeless intentionally: - This section applies where the Local Housing Authority are satisfied that an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he became homeless intentionally.

The Homelessness Act 2002 amended parts of the Housing Act 1996. As well as placing a duty on all Local Housing Authorities to develop a strategic approach to tackling homelessness the amendments also include homeless priority need categories that had been introduced by The Homelessness (Priority Need for Accommodation) (England) Order (2002). These categories include -

Children aged 16 or 17 (Article 3)

Young people under 21 who before they were 18 had been in looked after accommodation or fostered i.e. former relevant children (Article 4)

Young people under 21 who are vulnerable as a result of an institutional background (e.g. having been looked after, fostered, spent time in the armed forces or in prison) (Article 5)

Duty to co-operate in looking to assist 16 and 17-year-olds in housing need, this protocol aims to ensure close working between Local Housing Authority and Children’s Services departments. As well as being the heart of the Staffordshire Youth Homelessness Strategy the duty to co-operate is also clearly set out in legislation. Section 27 of the Children Act 1989 emphasizes the need to co-operate.

Section.27 states that where it appears that another authority or person could “help in the exercise of any of their functions …, they may request the help of that other authority or person, specifying the action in question”. Section.27 (2) (c) identifies the Local Housing Authority as an “authority whose help is so requested shall comply with the request”. Section.10 of the Children Act 2004 also introduced a further duty to co-operate to improve the wellbeing of children and Section .213 of the Housing Act 1996 also emphasises the need for co-operation between relevant Housing Authorities and Social Services (now Children’s Services).

Appendix 6 - How to work with homeless young people

Young People are better off living at home, or within their family network, if it is safe for them to do so. Sometimes however, Young People may become homeless.

If a referral is received it is important to establish that the young person has somewhere safe to stay.

The following are not suitable accommodation for Young People

Most temporary accommodation by a Local Housing Authority (LHA). Most LHAs do not have access to accommodation that would be classed as suitable. i.e. there is no support.
Sofa surfing
Bed and breakfast

Visits and assessment

A visit to the address and family members will be made and a referral will be sent to the Intensive Prevention Service.
A conversation/joint visit with the Local Housing Authority will also take place
A Child’s Social Work Assessment will be completed to determine any long-term plans. This should be completed in 10 working days.
If a safe place for the young person to stay can’t be found, other accommodation will be located. This could be with another family member or accommodation offered by Children’s Services.
The CSWA will identify the type of accommodation needed, which could be offered under Section 17 or Section 20, depending on the young person’s needs.
A young person can refuse Section 20 accommodation, but the implications of this must be explained to them. The young person should sign to say they have refused accommodation under Section 20.
If the referral has not come from an LHA, they should be made aware, particularly if the young person is 17 and a half or more, when the young person will be looking for independent housing. (See Pathway for leaving accommodation for extra information)

Seeking accommodation

If accommodation is being sought (both Section 17 and Section 20), types of accommodation and any support needs must be considered. (See Admission to Care Accommodation Panel Policy and Procedures)
If accommodation is needed in an emergency, a critical friend conversation must take place between the Head of Service (Early Help/Specialist Safeguarding) and the Head of Service (Prevention & Placements). This will be ratified at Accommodation Panel.
If the young person is placed in Supported Accommodation, the placement and support will need to be monitored by the allocated social worker.

Education, employment and training

If the young person is accommodated via S20 a PEP will need to be arranged
If the young person is accommodated via S17 and NEET contact will need to be made with Entrust for their advice and guidance service.
Following this, appropriate referrals to providers could be made.
If the young person is EET the provider will need to be invited to CIN meetings.

Appendix 7

Joint working between the Local Housing Authority (LHA) and Children’s Services is key to ensure a smooth pathway for the young person.

Justification for housing must be established and evidenced as the young person will not have the same leaving care entitlements as those of a care leaver who was looked after under a s20 arrangement. This could be a supporting letter/evidence, which includes the young person’s need for housing e.g. estranged from family. It should also include details of any other additional needs.
Placements such as the YMCA will allow a young person to stay post 18 and will follow a ‘move on’ plan.
If the young person is in Supported Accommodation provided by SCC, it is expected that the provider will help in this process as part of the young person’s preparation for independence. However, they are not expected to lead, and this should be done by the social work team around the young person.

Key dates

Before the young person reaches 17 and a half, a discussion should be had with the young person in relation to housing.
Six months prior to the young person’s eighteenth birthday a housing application will need to be made with the relevant (LHA).

Making the housing application

The young person must have local connection to the area where they’re being housed this could be
- home before they were provided accommodation by SCC
- having close family members living in the area
- or it being the place they work
Each LHA has an individual policy that should be checked prior to application. This may result in slight variations in the way the process is completed. For more details, contact the LHA directly.
The young person will need
- photo ID
- proof of their national insurance number
- proof of income/benefit entitlement (when received).

Following the housing application

Following the housing application, the young person may be asked to attend appointments at the LHA, this should be supported by the social work team.
Engagement with this process will be needed, including further appointments, obtaining support letters, details of physical/mental health issues etc.
Once the application is completed, the young person should be allowed to bid on properties, however the likelihood is they will not be considered for a property until they are 18.
Therefore, it is important that a referral is made to the LHA Homeless Team 56 days prior to their eighteenth birthday as they are at risk of homelessness. This is known as the duty to refer, and each LHA has their own referral portal online (a link can be found in the protocol).
If a young person is accommodated after 17 and a half, then this process must be considered while other assessments are ongoing.
The team around the young person should ensure the young person is bidding on suitable properties at all time.
If there are delays, or other issues there should be constant 2-way communication between all parties.

‘Communication is important, so information should be accessible to everyone. People with sensory communication disabilities may need documents in easy read, large print, audio or Braille formats for example. Others may need face to face communication support through a; British Sign Language Interpreter, deafblind interpreter, lip speaker or note taker (as recommended by the NHS Accessible Information Standard). If someone speaks (or reads) a language that is not English, they will need to have the appropriate language-spoken language interpreter and / or text translator’.