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Contents

1. Legal Context
2. Procedure
3. Guidance on our Specific Duties and Responsibilities to Young Person who Present as Homeless but have a LAC history with Other Authorities and have a Leaving Care Entitlement with them
4. Guidance on our Duties and Responsibilities to 16/17 Year Old Young Person who Present as Homeless and are EEC Nationals
5. Monitoring/Review of the Protocol
6. Key Contacts
7. Protocol Review
   
   Appendix 1: Homeless 16 and 17 Year Olds - Revised Joint Protocol Housing and Children and Young People's Services Flowchart

1. Legal Context

Housing Act 1996 Part VII

Under this Section, a local authority has a duty to make enquiries to satisfy itself as to whether a household is eligible, homeless, in priority need, and whether they lost their accommodation intentionally. If a negative decision is reached the authority will no longer have a duty to provide them with accommodation.  As a result of the provisions of Part 7 of the Housing Act 1996, children with families are often placed in temporary accommodation whilst the local authority considers whether they have a duty to house them.

Once the matter has been determined, if the family have been found to be ineligible, not homeless, not in priority need or intentionally homeless, the local authority will terminate the temporary accommodation they are providing for the family.

If an applicant is accepted as eligible, unintentionally homeless and in priority need, Part VII imposes a duty on the Council's Housing Needs Service to rehouse the family permanently. However, this duty may be discharged if a family refuses a reasonable offer or is evicted from temporary accommodation. If the Council 's Housing Needs Service is likely to discharge its duty to a homeless household where there are young children involved the family must be referred to CYPS under this Protocol in time for a joint response.

Section 17 Children Act 1989

Under this section, the local authority has a duty to children in need who are in their area. The section also imposes a duty on local authorities to assess the need of any child within their area who presents to them as a child in need requiring an assessment. 

Assessing whether Children living with their Families are in need where a family presents themselves to CYPS

• Residing (whether temporarily or permanently in our area);
• Seeking an assessment under Section 17 of the Children Act 1989;
• Requesting CYPS to provide them with temporary accommodation because they are shortly to be evicted from their temporary accommodation provided by another authority.

2. Procedure

Single Assessment Form: can be found in the Forms Library

• CYPS will establish if there is a need to conduct an assessment of the child's/children's need under Section 17 of the Children Act 1989.
• CYPS will refer the case to Housing Needs- Contact list details are to be listed.
• The homelessness team will provide temporary accommodation initially for a period of 10 days, to enable CYPS to carry out an initial assessment under Sec 17.
• If there is a need to carry out a more detailed Core Assessment, CYPS will contact  a manager in the Housing Needs to request a further extension of temporary accommodation for up to maximum  35 days.(total 42 days )
• The cost of this accommodation will be met by the Housing Needs Service under the Housing Act 1996 and not by CYPS under Sec 17 Children Act 1989 budget.
• If the applicant is not eligible for Housing Benefit they cannot be referred under this protocol
• The Sec 17 assessment undertaken by CYPS should explore all possibilities to determine if child/children in need require to be assisted in any other way.
• CYPS should also assess what resources the family has including extended family members and other contacts, and whether it is reasonable for accommodation to be provided by these contacts.
• If the outcome of the assessment is that the child is in need but the only need identified is a need for housing , the provision of housing is essential to safeguard the welfare of the child and it has been determined that the family cannot find suitable accommodation, CYPS has to make a decision as to whether
  1. They will fund deposit and rent in advance to enable the family to find accommodation in the private sector.
  2. They will assist the family with their consent to travel to alternative accommodation in the UK or elsewhere
  3. Consider whether to accommodate the children under S.20 Children Act1989
• If CYPS is considering one of these options, and needs more time to make arrangements, then they can request a further extension of temporary accommodation up to maximum of 2 months.
• Any decision to extend the period of temporary accommodation beyond 42 days pending these arrangements must be made by the Head of Homelessness or Head of Housing Needs in consultation with CYPS.  In this period, the family are expected to make their own arrangements or save money towards the rent deposit.
• It is the responsibility of CYPS to communicate with the family and confirm how long the temporary accommodation will be provided, and what assistance the family will be offered after the cessation of temporary accommodation.

3. Guidance on our Specific Duties and Responsibilities to Young Person who Present as Homeless but have a LAC history with Other Authorities and have a Leaving Care Entitlement with them

If a Young Person presents as homeless in Haringey there is a duty to respond to them under s17 if they appear to be a child in need because they are in the area. If the IA then establishes that they are either ordinarily resident in another area or that  they are entitled to Leaving and After Care by another authority then you would make arrangements to transfer them to that authority. Case law requires that you must provide the initial service and then recoup the costs from the responsible authority so that the client does not suffer.

In terms of reimbursement the relevant sections are Sections 20(2), Sections 27(2) and Section 29(7) Children Act 1989.

• s20(2) - Where a local authority provides accommodation under Section 20(1) for a child who is ordinarily resident in the area of another authority, that other LA may take over the provision of accommodation for the child within three months of being notified.
• s27 Cooperation between authorities
• s27(1) - Where it appears to a local authority that any authority .... could by taking any specified action, help in the exercise of any of their functions... they may request the help of that other authority specifying the action in question.
• s27(2) - An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions
• s29 Recoupment of cost of providing services etc
• s29(7) Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority, they may recover from that other authority any reasonable expenses incurred by them in providing that accommodation and maintaining them.

The key point for reimbursement is where the young person is considered to be ordinarily resident.

Previous periods of accommodation by Haringey 

If the Young person has been looked after by Haringey in the past for 13 weeks post 14th birthday, they will be entitled to a service under the Children Leaving Care Act 2000.  Thus, a needs assessment should be completed for a Pathway Plan instead of an initial assessment within 10 working days.

4. Guidance on our Duties and Responsibilities to 16/17 Year Old Young Person who Present as Homeless and are EEC Nationals

(Please also see the Draft Joint Protocol with Haringey's Housing Needs Concerning Homeless 16 and 17 Year Olds).

In these circumstances an EEC national has the right of freedom of movement and so the Young Person has the right to be in the area.

If a Young Person presents as homeless in Haringey there is a duty to respond to them under s17 if they appear to be a child in need because they are in the area. If the IA then establishes that they are habitually resident in another EEC state, you would make seek to make arrangements to transfer them back to the authority within their state if they are in agreement. If the IA has concluded that they are a child in need of accommodation under Section 20 Children Act 1989 and if the Young Person refuses to leave the Borough then the duty under Section 20 cannot be discharged by making arrangements to transfer them back to the authority within their state.

EU nationals can apply to the Home Office for confirmation that they have the right to reside (with the associated rights to benefits) once they have exercised treaty rights to live here for five continuous years. If the young person has been here longer than five years, The CYPS worker will support Young Person with making an application to the Home Office for recognition of her right of residence before she turns 18 years. This will then assist with any application for benefits. There is an expectation that local authorities will assist young people in its care in applying to regularise their status. The non-financial duties to these young people continue regardless of immigration status - e.g. the duty to advise assist and befriend.

5. Monitoring/Review of the Protocol

• CYPS will monitor the spending from S.17 on these cases.
• The teams who are signatory to this protocol will meet quarterly/ bi-annually to review the joint working arrangements
• In the event of any disputes the officers, in the first instance, should discuss it with their team leader. If this cannot immediately be resolved the team leader will liaise with the corresponding team leader who will initiate the necessary and appropriate action, and report back within two weeks.
• If the difficulties cannot be resolved a meeting will be arranged between team leaders and a senior manager to resolve the problem and review the protocol.
• If the protocol is not workable or not effective this will be reported to the head of HN, and counterpart in CYPS with recommendations as appropriate.

6. Key Contacts

6.1 In Housing Needs

Contact	Details
Zulfiqar Mulak	Ext 4890, Head of Housing Needs
Beverly Faulkner	Ext 4362 Assessment Manager and Lettings Manager
Denise Gandy	Ext 4417, Head of Housing Options & Support
Jennifer Gould	Ext 5830 Head of Options & Advice
Jackie Dyer	Ext 4222 Head of Temporary Accommodation

6.2 In CYPS

Leaving Care and asylum service

Contact	Details
Arzu Kaya	Ext 5850, Senior Practitioner
Rashma Toora	Ext 5845. Deputy Head of Service
Yvonne Neequaye	Ext 5812, Team Manager
Angela Neita	Ext 5823, Team Manager
Simon Matson	Ext 5806, Team Manager
Tooran Nashir	Ext 5841,Team Manager
Robert Toska	Ext 5803, Acting Team Manager

7. Protocol Review

Homeless 16/17 Year Olds who may need Local Authority Accommodation in the light of the House of Lords Judgement in the Case of G V London Borough of Southwark.

It is necessary to amend the way in which young people who may fall into the above group are assessed and provided with accommodation in Haringey.

This case will have a significant impact on the treatment and assessment of homeless 16- and 17-year-olds by local authorities.

The House of Lords have ruled that the duty under the Children Act is primary and the ongoing duty to accommodate and assist will normally fall to CYPS, and not to Housing Needs.

It is essential that a clear and open framework is in place and understood by all local authority staff who work with young homeless people.

A clear protocol is essential to ensure that staff in both CYPS and Housing Needs are aware as to which service and which named officers, have the primary responsibility for each young person at any specific time. It is extremely important that staff know where the responsibility lies, so that in future no child is shuttled back and forth before they are provided with assistance

CYPS may ask Housing Needs for assistance 'in the exercise of any of their functions' The House of Lords said that this did not mean that CYPS could avoid their responsibilities by 'passing the buck' but they could ask Housing Needs to assist them, for instance, by making a certain amount of accommodation available to them to use in carrying out their duties.

Most homeless 16- and 17-year-olds will be 'children in need', and this assessment will, other than in exceptional cases, trigger the section 20 duty for CYPS under Children Act 1989. This will bring with it a duty to help and support the young person in the transition to independent adult living, unless the problem is relatively short-term. In addition, if the young person becomes homeless again when aged 18, 19 or 20 they will, even if they spent only one day in accommodation provided under section 20, have a priority need for accommodation under the homelessness legislation.

Although the ongoing duty to accommodate a homeless 16- or 17-year-old will fall to CYPS, the practical advice given is likely to be affected by whether the young person needs accommodation immediately or not (e.g. the young person may be able to stay with friends or relatives for a while longer).

A further consideration will be the child's wishes and it is important to ensure that the child concerned has reached an informed decision.

If the child needs accommodation straightaway they should be referred initially (or advised to go) to Housing Needs as a homeless applicant, for interim accommodation under section 188 Housing Act 1996 - unless it is immediately apparent that they are a 'relevant child' - since the housing authority would at that stage have 'reason to believe' that the young person 'may be' in priority need. CYPS do not have a duty to provide immediate accommodation pending an assessment under the Children Act if the child is referred directly to CYPS. As such it is expected that an application to Housing Needs under homelessness duties will provide the most effective emergency solution.

Where Housing Needs provides interim accommodation, it should then make a referral to CYPS for an assessment under the Children Act.

In G the House of Lords stated that determining whether a child was owed a duty under section 20 entailed a series of 7 judgments by CYPS, namely:

1. Is the applicant a child?
2. Is the applicant a child in need?
3. Is the child within the local authority's area?
4. Does the child appear to the local authority to require accommodation?
5. Is that need the result of one of the three situations outlined in section 20(1)? 
6. What are the child's wishes and feelings regarding the provision of accommodation?
7. What consideration (having regard to the child's age and understanding) is duly to be given to those wishes and feelings?

Where CYPS accept that the client is a child in need, they will in most cases accept a section 20 duty under the Children Act 1989. Some young people may not want to be dealt with by CYPS, but may prefer to be accommodated by Housing Needs. The young person's wishes are not conclusive, but whether they are a child in need should be considered (or alternatively, it may be appropriate to conclude that he or she is a child in need, but it is sufficient to provide help in finding accommodation under section 17) because the child is resourceful, and has a track record of looking after themselves and of engaging with support services and other agencies.

Process

a.	Young Person presents/is referred to LCAS.
b.	Young Person is allocated a worker who will jointly conduct the assessment with one of the housing workers.
c.	Workers meet Young Person; explain assessment process to him/her. Workers establish Young Person's current circumstances and where Young Person will reside whilst assessment is undertaken.
d.	If Young Person claims need for urgent and emergency accommodation, the specific following questions must be addressed to ensure young person is eligible for Sect 20 accommodation: Is the Young Person a child (i.e. under 18yrs old) Is the Young Person a child in need? Is he/her within the Local Authority's area? Does he/she appear to the local authority to require accommodation? Is that need a result of (a) there being no one with PR for him/her (b) his being lost or having been abandoned, or (c) the person who has been caring for him being prevented from providing him with suitable accommodation or care? What are the child's wishes and feelings regarding the provision of accommodation for him/her? What consideration having regard to age and understanding, is to be given to these wishes and feelings?
( If Young Person has a safe place to stay whilst the Section 17 assessment takes place, then the above questions can be addressed as part of the wider assessment under Sect 17 CA1989)
NB: Where a Young Person becomes accommodated under Section 20 CA1989 by Children's Social Care, he/she will be entitled to the same services and provisions as any other child in care looked after by the local authority.
e.	Where questions 1-5 yield a positive response, the Young Person becomes eligible to become accommodated under Section 20 CA1989. This (and all it entails) would then be explained to the Young Person.
f.	It is at this stage (and not before) that the Young Person's wishes and feelings with regards to being accommodated will be sought. (See 6&7 above).
N.B. A Homeless 16 or 17 year old who is able to make an informed decision that they do not want to be accommodated under Section 20 CA1989 would then become a child in priority need under  the Homelessness (Priority Need for Accommodation) (England) Order 2002 (SI 2002/2051), article 3.
g.	Where questions 1-5 do not yield a positive response - for example a Young Person is a child in need under section 17 but is not deemed to be "in need of accommodation" as a result of the answer to question 5 - the Young Person would not be entitled to be accommodated under section 20 (as they would not be regarded as in need of accommodation and so they too would then become a child in priority need under the Homelessness Order 2002 as above.
h.	Accommodation for 16/17 year olds under Section 20 should be accessed via placements as with all other children who become looked after.
i.	The Housing Workers in agreement with the duty manager (LCAS) will refer all those Young Person needing accommodation under housing legislation to the housing department.

N.B. As a rule of thumb, young people with needs over and above the simple need for a "roof over their head" will be deemed as being "in need"

Appendix 1: Homeless 16 and 17 Year Olds - Revised Joint Protocol Housing and Children and Young People's Services Flowchart

Click here to view flowchart

End