Transcript Young Persons Homelessness Protocol

The Southwark Judgement
Kent Joint Policy and
Planning Board
Question before the House of Lords
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If a child who is no longer able to remain in
the family home presents himself to a local
children’s services department as requiring to
be accommodated is it open to that authority
instead to arrange for him to be
accommodated by the local housing authority
under the homelessness provisions of Part
V11 of the Housing Act 1996
R (G) v LB of Southwark 2009
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G was excluded from home and was ‘sofa surfing’
On application to the local authority his needs were
assessed and the LA decided he was S.17 and did not
need accommodating under S20 as his only need was
accommodation
Law lords – ‘Are we here again’
Judgement was that G should have been
accommodated under S20 – retrospective duty
applied
The Children Act 1989
Section 20
Provision of Accommodation for Children
(1) Every local authority shall provide
accommodation for any child in need
within their area who appears to them
to require accommodation as a result
of-
The Children Act 1989
Section 20 - continued
(a)
There being no person who has parental
responsibility for him;
(b)
His being lost or having been abandoned;
or
(c)
The person who has been caring for him
being prevented (whether or not
permanently, and for whatever reason)
from providing him with suitable
accommodation or care
The Children Act 1989
Section 17 (10)
A child shall be taken to be in need if(a) He is unlikely to achieve or maintain, or to
have the opportunity of achieving or
maintaining, a reasonable standard of
health or development without the provision
for him of services by a local authority
under this Part;
The Children Act 1989
Section 17 (10) continue
(b) His health or development is likely to
be significantly impaired, or further
impaired, without the provision for
him of such services; or
© He is disabled
The Homelessness (Priority Need for
Accommodation) (England) Order (SI 2002
No 2051)
Categories of priority need include:
(a) A person aged 16 or 17 who is not a
relevant child or a child in need to
whom a local authority owes a duty
under s.20 of the Children Act 1989
R (G) v LB of Southwark 2009
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G was a child in need, in the local
authority area, and lacked
accommodation as a result of his
mother being prevented from providing
him with suitable accomm or care
within the meaning of s.20 (1) ©
R (G) v LB of Southwark 2009
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“Both Southwark, and the previous
Hammersmith judgements have restated and
clarified the established legal position that the
duty under S20 of the 1989 Act takes
precedence over the duties in the 1996
Housing Act in providing for CIN who need
accommodation and that the specific duty
owed under S20 of the 1989 Act takes
precedence over the general duty owed to
CIN and their families under S17 of the 1989
Act
Southwark Judgement
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Exceptions to a young homeless person
becoming Looked After, under S.20 –
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judged competent and refuse to be LAC
needing to be accommodated with their
family
Already been living independently with no
one exercising parental responsibility
Law Lords said:
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“Local authorities cannot decide
whether young people require
accommodation under the Children Act
or the Homelessness legislation, they
must simply assess whether the young
persons circumstances meet the criteria
for s.20 (1)
Further Guidance
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Joint Guidance issued by Secretary of
State for Children, Schools and Families
and the Secretary of State for
Communities and Local Government
April 2010
Provision of Accommodation for 16 & 17 year old young
People who may be homeless and/or require
accommodation
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This was issued under section 7 of the Local Authority
Social Services Act 1970 and section 182 of the
Housing Act 1996.
Both of these sections requires the relevant
authorities to act under the general guidance of the
Secretary of State (para 1.3 of the guidance)
This guidance replaces the paragraphs in Circular
LAC (2003) 13 Guidance on Accommodating CIN and
their families, which refers to how lone 16/17 year
olds should be accommodated under the Children Act
1989.
Sufficiency Guidance 2010
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Statutory Guidance on securing
sufficient accommodation for looked
after children
Revisions to Children Act
Guidance
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Vol 2 of the Children Act – Care
Planning, Placement and Case review
Vol 3 – Planning Transition to Adult
Care