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Protocol for Youth Homelessness: 16-17 year olds

              

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Contents   Pages Introduction 3 Background and context to the protocol 3 Aims of the protocol 4 Objectives of the protocol 4 Implementing the protocol 4 Roles and responsibilities for implementing, monitoring and reviewing

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Appendix A: Procedure for joint assessment 7 Appendix B: Checklist to consider when assessing under Section 17 and Section 20 of Children Act 1989

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Appendix C: Legal framework: definitions and duties 11 Appendix D: Views of the service user 16 Appendix E: Decisions and outcomes of the Assessment 17 Appendix F: Reviewing decisions 19 Appendix G: Progression 20 Appendix H: Flowchart for dealing with 16 and 17 year olds who claim homelessness

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Appendix I: Understanding your options when homeless leaflet

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This protocol will be implemented by Achieving for Children through the Protection and Early Help Service and the Children’s Social Care Services for Kingston and Richmond in collaboration with Housing Services in both Kingston and Richmond. It was finalised in January 2015 and implemented in March 2015.

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Introduction This protocol outlines service expectations in relation to how Achieving for Children responds to 16/17 years old presenting as homeless to Kingston Council or Richmond Council. It outlines the joint approach taken between Children’s Social Care in Achieving for Children and Housing Services in the Royal Borough of Kingston upon Thames and the London Borough of Richmond upon Thames, as well as aligning practice models across both boroughs. The legal framework for responding to 16/17 years old presenting as homeless is set out in the Housing Act 1996 as amended by the Priority Needs Order 2001 and the Homeless Order 2002, and Section 17 and Section 20 of The Children Act 1989 and 2004. This protocol supersedes any pre-existing protocols on this matter held by Kingston or Richmond to date. This protocol will be reviewed by Achieving for Children and the relevant Housing Departments as necessary. Background and context to the Protocol for Youth Homelessness In May 2009, the House of Lords made a landmark judgement in the case of R (G) v London Borough of Southwark which affects how local authorities provide accommodation and support for homeless 16 and 17 year olds. The principle issue, as set out by the Lords, was: ‘If a child of 16 or 17, who has been thrown out of the family home, presents himself to a local children’s services authority and asks to be accommodated by them under Section 20 of the Children Act 1989, is it open to that authority instead to arrange for him to be accommodated under the homelessness provisions of Part VII of the Housing Act 1996?’ The judgement confirmed: • The primary duty to a homeless 16 or 17 year old is under the Children Act and

the ongoing duty to accommodate and support that young person will normally fall to the children’s services authority. This can entail a range of support owed to certain children ‘looked after’ by a local authority, which may continue to the age of 21 (and in some cases to the age of 24).

• Children’s Services cannot avoid their duty to accommodate a homeless 16 or 17 year old under Section 20 of the Children Act by claiming they were merely providing assistance using their powers under Section 17, or by helping the young person to get accommodation through the homelessness legislation.

A homeless 16 or 17 year old who applies to a housing authority should be provided with suitable interim accommodation under the homelessness legislation. They should then be referred to Children’s Services for an assessment of their needs under the Children Act 1989.

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In response to this judgement, Achieving for Children has strengthened and clarified its response to homeless 16 or 17 year olds to ensure good practice and statutory compliance, which is clearly set out in this protocol. Aims of the protocol The aim of this protocol is to clearly set out how Achieving for Children will respond to 16/17 years old presenting as homeless to Kingston Council or Richmond Council. It also provides clarity about the joint approach taken between Children’s Social Care in Achieving for Children and Housing Services in the Royal Borough of Kingston upon Thames and the London Borough of Richmond upon Thames, as well as providing information about how practice models are aligned across both boroughs. Objectives of the protocol The objectives of the protocol are: • To ensure 16 and 17 year olds are best supported to remain living in their

family home, if it is safe to do so, but should not remain at home if this places them at risk of significant harm.

• To prevent the risk of youth homelessness where possible through early identification and timely response.

• To use family and friend’s mediation and interventions as quickly as possible with the young person and their family members to prevent relationship breakdown or strengthen existing arrangements.

• To provide a clear process for age appropriate accommodation and support for young people aged 16/17 who are at risk of homelessness

• To provide an Single Access Point for young people where they can get informed advice and support about their situation

• To facilitate a collective multi agency response to prevent youth homelessness and find shared solutions to accommodate the target group and meet their support needs

• To improve arrangements for sharing information and build on existing good practice within a multi agency context

• To work together to improve assessment of risks and support needs to facilitate good outcomes for families and young people

• Within the partnership to review and update the context and effectiveness of the strategy in line with emerging Government policies, legislation, any further judgements and amend policies and strategy as required

• To identify lead officers from Children’s Social Care Services and Housing Services in both boroughs to ensure there is consistent practice across Achieving for Children.

Implementing the protocol We will implement this protocol by:

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• Making available the Youth Homelessness Protocol on our intranet and on the

Achieving for Children TriX Social Care Procedures Manual. • Communicating to staff that the protocol is in place and that it supersedes any

pre-existing protocols on this matter held by Kingston or Richmond to date. • Ensuring staff are familiar with the procedure for joint assessment, the checklist

to consider when assessing under Section 17 and Section 20 of the Children Act 1989 and the legal framework- definition and duties.

• Ensuring staff gather the views of service users when appropriate. • Ensuring staff are familiar with, and follow, the guidelines set out in the protocol

relating to decisions and outcomes of the assessment, reviewing decisions and progression.

Roles and responsibilities for implementing, monitoring and reviewing The following members of staff have been identified as lead officers and points of contact for the protocol and will be responsible for implementing, monitoring and reviewing it. Principal Lead for Looked After and Leaving Care

Strategic Lead for Looked After and Leaving Care

Strategic Lead for Safeguarding Services

• Mac Heath, Head of Looked After, Adoption and Permanence, Kingston

• Hazel Gordon, Head of Looked After, Adoption and Permanence, Richmond

• Clive Seall, Interim Head of Family Support Services

• Roger Jones, Head of Safeguarding, Kingston

• Sara Doyle, Head of Safeguarding, Richmond

In addition, the following staff are regarded as key contacts for the project: Prevention and Early Help Service Contacts

Housing Services Contacts

• Julie Martin, Deputy Head of Family Support Services

• Mandy Burrows, Acting Adolescent Response Team Manager

• Lorraine Duffus, Interim Family Support 11+ Team Leader- Kingston

• Jannet Hall, Interim Family Support 11+ Team Leader- Richmond

• Lorna Brooke- Lead Officer for Housing Options, Kingston

• Jason Carey- Team Leader, Homelessness and Temporary Accommodation, Kingston

• Ken Emerson- Head of Housing Operations, Richmond

• Jo Harper- Housing Options Manager, Richmond

This protocol will be reviewed every two years to judge its effectiveness, or updated sooner in accordance with changes in legislation.

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Date created January 2015

Signed by: Robert Henderson, Deputy Chief Executive Officer for Achieving for Children

Equality Analysis completed (yes/no):

N/A

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APPENDIX A Procedure for Joint Assessment The following section sets out the procedure for joint assessment when a young person presents as homeless in either local authority.

1. All young people who present as homeless to the local authority need to be referred into Achieving for Children’s Social Care Services via the Single Point of Access service. The referral should be made by the team who is first notified of the homeless young person including if this is the Housing department. N.B. If the young person is an open case to either Children’s Social Care or the Prevention and Early Help Service, then the lead professional must be notified.

2. Initially the young person is to be seen and interviewed by a Housing Officer and either the allocated worker, or Family Support 11+ Worker if the young person is not open, on the same day as presenting. The purpose of this initial meeting is to ascertain the context in which the young person has presented as homeless and to clarify whether the young person has a local connection to the borough. This meeting should initiate a new assessment (initially to be a Common Assessment Framework (CAF) if not an open case or a new child’s assessment if open to a statutory team).

3. If the enquiries conducted by the Housing Officer and the allocated worker (or Family Support Worker) conclude that the young person can return home, or there are appropriate alternative accommodation options ,then the homelessness assessment process will end here as further work will be targeted at the prevention of homelessness as opposed to responding to a specific homelessness need. The young person and their family will be allocated a support worker from the Family Support 11+ team, or alternatively if they are already in receipt of support services then work will be focused on reducing the risk of future breakdown. The FST 11-19 team will then extensively work with them using the CAF process, and utilise other services such as counselling or assistance with accessing education and/or training. The young person can also be supported with moving on in a planned way at a later date when they are less likely to require formal support or in crisis. No further action will be taken by Housing Services at that time as they will no longer be considered as homeless.

4. If however the young person is believed to be homeless after the initial enquiries, then a referral is made to the Adolescent Response Team

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immediately for the initiation of the child’s assessment under Section 17 of Children Act 1989. Alternatively if the young person is already open to a statutory Children’s Social Care team, then they would initiate the start of this assessment to re-assess their needs in accordance with Section 17 Children Act 1989.

5. While the relevant professionals will work towards reunification home, there

may be a need to identify emergency accommodation while the assessment is completed. This is to be in the form of a provision through Housing Services such as a hostel or supported living unit. The young person should not be placed into bed and breakfast or private hotel accommodation during this process.

The only exception may be if the young person has been open to services at the point of presenting as homeless, and it is already known that they warrant a more specialist unit, or their care needs are initially assessed to be too complex for a hostel environment. This should be discussed further with the Team Manager, Principal Looked After Children lead and Placements Team within Achieving for Children. 6. The Social Worker and Housing Officer will need to work extensively with the

young person and their immediate/extended family and friends during the assessment period to assess what contributed to the young person presenting as homeless, and try to enable that young person to return home where possible. This will require telephone calls and home visits to interview and mediate with the parents, carers and other family members where appropriate.

7. The Principal Officer (Looked After Children/ Leaving Care) within social care

should be notified of the assessment being initiated, and an immediate discussion should be held in the instance that the child needs to be placed into emergency accommodation.

8. The aim is that the social care assessment is completed within the first ten

days and otherwise up to 45 working days. However this may vary based on the individual young person’s needs and the level of assessment required, in line with the single assessment implementation. The aim would be to conclude the assessment in a timely manner so that the most appropriate support services and accommodation provision, if needed, are provided. This assessment needs to be completed by a qualified Social Worker and signed off by a Social Work Manager, within the service where the case is allocated

9. The assessment will consider what further services can be provided to the

young person and/or their family including whether they should return home.

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10. Children’s Social Care, on the basis of the assessment will need to determine

if the young person is vulnerable, and if a duty is owed to the young person under Section 17 and Section 20 in terms of requiring accommodation. Please see the Appendix C Legal framework: definitions and duties section for more information on this.

11. At the end point of the assessment, or at the time that the Social Worker has

concluded if a duty is owed to the young person based on their assessed care needs, then this view and the assessment should be discussed and shared with Housing Services to inform of any assessment under the Housing Act 1996.

12. At the end of the assessment, it is important that the young person is

informed of the outcome and clear explanations are given.

13. Where the assessment has recommended Section 20 status, then the Social Worker needs to have evidenced their discussions with the young person about their options, outlined the views of the young person and whether the young person has consented for this. It is at this point that this assessment is escalated through to the Principal Looked After Children lead for oversight and for authorisation.

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APPENDIX B Checklist to consider when assessing under Section 17 & Section 20 of Children Act 1989 In the case of R (G) v London Borough of Southwark (2009), the Lords stated that the following checklist should be considered when considering a duty owed: (1) Is the applicant a child? (2) Is the applicant a child in need? (3) Is he within the local authority’s area? (4) Does he appear to the local authority to require accommodation? (5) Is that need the result of: (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 from providing him with suitable accommodation or care. (6) What are the child’s wishes and feelings regarding the provision of accommodation for him? This is a reference to the requirement in section 20(6) of the 1989 Act, as amended by section 53(2) (Children Act 2004) “Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare - (a) ascertain the child’s wishes and feelings regarding the provision of accommodation; and (b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.” (7) What consideration (having regard to his age and understanding) is duly to be given to those wishes and feelings?

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APPENDIX C Legal Framework: Definitions and Duties Section 17(10) (Children Act 1989) defines that a child shall 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; b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; c) he is disabled.’ As outlined above, the social care assessment needs to consider whether the young person is a Child In Need under Section 17 (Children Act 1989). The Social Worker needs to assess the young person’s care needs in a holistic manner to inform of their vulnerability. While there is guidance within Framework for the Assessment of Children in Need and their families (2000), these assessments around homelessness should be considering the following: • Their support network from family or friends. • A history of being looked after but not eligible for assistance under the Leaving

Care Act. • A history of street homelessness or sofa surfing. • A family background that required Children’s Services intervention (type of

assistance needed with dates, timescales and outcomes). • Likelihood or history of self-harm, drug, solvent or alcohol abuse or prostitution. • A learning disability or special educational needs (details of support package

planned or already in place). • A violent or disturbed background. • Their social awareness and self-care skills. • Details of current and previous convictions, Anti-social Behaviour Orders or

Contracts against them (including areas they are prohibited from entering), and any pending court action. Any charges or convictions for arson must be disclosed (suspected or otherwise) as they will impact of the suitability if/when they need to be accommodated.

• History of absconding. • Safeguarding concerns around forced and arranged marriages.

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Alongside their care needs, the assessment should determine why the young person lost their accommodation and consider their self care skills in being able to maintain a new accommodation. This should include: • Rent arrears. • Noise nuisance or anti-social behaviour in and around their caregiver’s

property. • Breaking their tenancy or license agreement. • Abandoning accommodation that was available for their occupation which was

reasonable for them to remain in. • Regularly engaging in criminal activities. • Failure to engage in education, employment and training. • Overcrowding in the family. • Family breakdown due to changes in family dynamics. • Death of the guardian or guardian going abroad. In the instance, that the Social Worker has assessed and substantiated evidence to inform that the young person is a Child In Need and they are still in need of accommodation (after intervention has been tried with the family during the course of the assessment), then the second part of their assessment needs to consider their entitlement under Section 20 of Children Act 1989. Section 20(1) requires a children’s services authority to provide accommodation to any ‘child in need’ who lacks suitable accommodation or care as a result of: ‘a) there being no person who has parental responsibility for him; b) his being lost or having been abandoned; 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 young person needs to be assessed against the three parts of Section 20(1) with clear rationale and evidence ascertained for each. In terms of part 20(1) (c), it is important that the social care team considers why the parent/ carer is ‘prevented’ from providing them with suitable accommodation and that these reasons are investigated fully in the assessment process. It is important that if the parent or guardian continues to communicate that they do not wish to continue to care for their young person, then the Social Worker continues

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to explore the reasons behind these views to ensure that the reasons are genuine, substantiated and why support services cannot be provided to improve the situation for the family. While there is no legal definition to explicitly confirm when a parent is in fact prevented, it is important that the Social Worker considers any risk factors, indicators of harm perpetrated towards the young person, and any known history to inform the level of vulnerability, their needs, and assessment of parenting capacity. It is important to use chronologies as a tool to inform the decision making in this instance in terms of recognising historical child protection incidents, allegations or significant events. This assessment should take a view about what is needed, and how the parent can increase their parenting capacity to safely care and be able to provide accommodation to their child. This may include the assessor considering what support services can be/ have been tried to avoid the young person being prematurely or inappropriately Looked After by the Local Authority. This assessment should also work on the principle that the young person is better cared for in their family network, and should therefore explore the family and friends network to ascertain whether they already have available and alternative accommodation options in their family. This should include direct work by Social Worker, and a referral to the Family Group Conference service within Achieving for Children. Children’s Social Care, on the basis of assessing the above, will need to therefore consider whether the child needs to be accommodated under Section 20 of the Children Act 1989. This decision has to be made in discussion with the young person and where appropriate within those with Parental Responsibility as this is a voluntary order and cannot be initiated without informed consent. In recommending Section 20, there will also need to be a discussion with Housing Services, especially around the ensuring that the young person has appropriate support as a Looked After Child in the accommodation they find themselves in at that time. The Principal Lead for Looked After Children within Children’s Social Care would need to review the assessment and authorise the initiation of this status, and any financial impact in terms of paying for accommodation under Section 20. Children Act 1989 Section 20(3) states that accommodation shall be provided for any child in need who has reached the age of 16 and whose welfare the authority considers is likely to be seriously prejudiced if they do not provide her or him with accommodation.

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Section 20(5) A Local Authority may provide accommodation for any person who has reached the age of 16 but is under 21 in any community home which takes children who have reached the age of 16 if they consider that to do so would safeguard of promote his welfare. Section 20(11) states that the provisions that prevent the Local Authority from accommodating children under s20 if the person with parental responsibility objects; or allow a person with parental responsibility to remove from s20 accommodation do not apply where a child has reached the age of 16 agrees to be provided with s20 accommodation. Under Section 27 of the Children Act 1989, a social services authority can ask a housing authority to help in delivering services for children in need. The housing authority must comply with such a request to the extent that it is compatible with their own statutory duties and other obligations. Housing Legislation relevant to Children and Young People Housing Act 1996- Parts VI and VII set out the legal framework for assisting homeless people and allocating housing. Section 175- A person is homeless if they have no accommodation available in the UK or elsewhere, or if they cannot secure entry to it, or it is not reasonable for them to occupy it. Section 189- A person is in priority need if they or their partner are pregnant, have dependent children, are vulnerable due to old age, mental illness or handicap or physical disability or other special reason, or are homeless as the result of an emergency. AND • 16 and 17 year olds whose support networks have broken down irrevocably and

who are not owed a duty by social services as a relevant child* or a child in need+;

• 18 to 21 year olds leaving care who are former relevant children*, • People aged 21 or over who are vulnerable due to being looked after,

accommodated and fostered by the local authority, who are not relevant students; and people who are vulnerable as a result of violence, being in the armed forces or in prison.

Section 191- A person becomes homeless intentionally if they deliberately do or fail to do something which causes them to lose their accommodation. Section 185- A person is not eligible for assistance if they are a person from abroad who is ineligible for housing assistance, or they are subject to immigration control.

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Section 193- Local authorities have a duty to secure accommodation if the young person is found to be eligible for assistance, in priority need and unintentionally homeless. It is crucial that social care and housing continue to work closely throughout the assessment process to ensure that the young person’s care needs are met. At the point Section 20 status is agreed for a young person the placement need would be addressed by social care. If it is decided that the young person remains in the hostel environment past the initiation date of Section 20, either while an alternative placement is being sought, or because the hostel has been deemed the most suitable accommodation, then discussion social care would need to take place as to the funding arrangements including whether a contribution should be sought from those with Parental Responsibility. If Section 20 status is not applicable, or the young person has made the informed choice not to consent to Section 20 status, however wishes to seek accommodation (or maintain is this they had been placed in a hostel during the assessment), then the housing department will commence their assessment. The outcome of the housing assessment in this scenario could be that the young person can pursue with an application to be placed on the housing register, and a duty could be owed under the Housing Act 1996, even if the social care assessment has deemed that they are able to return home with support, but this is refused by the young person. In this instance, the young person needs to apply for welfare benefits including Housing Benefit to assist with the funding of their accommodation.

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APPENDIX D Views of the Service User It is important to ensure that the voice of the young person is listened to throughout the assessment process in terms of their wishes around accommodation, views on their current and future care arrangements and views on their own circumstances. If it has been deemed necessary to initiate Section 20 status, this should not be initiated in relation to a young person without the informed consent of the young person. It is important that the professionals involved ensure that the young person understands their rights and the reasons behind the assessment being undertaken, the processes in which their needs will be assessed, and the possible outcomes that can be reached from the assessment process. As part of this it is important that the workers are satisfied that the young person is competent in terms of mental capacity to understand the information given, to process and retain the information given to them in order to make an informed choice. If there are concerns or questions around their capacity to understand, such as English being a second language, suspected mental health or cognitive difficulty, then the young person should be referred to an independent advocacy, translation and / or a specialist service to ensure that they are appropriately supported and assessed around their capacity if needed. The young person should also be offered the opportunity to be accompanied to any meetings by a nominated person, such as friend or family member, who can assist them to understand the information being communicated to them. The young person should be provided with the following leaflets before the conclusion of the assessment: A: ‘Assessment of homelessness: information for young people’ B: ‘Understanding your options when homeless: Section17 and Section 20 made easy for young people’

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APPENDIX E Decisions and Outcomes of the Assessment

1. The decision about how to proceed in terms of the accommodation will be taken from the social care assessment.

2. The next steps will be dependent on whether it has been assessed that a duty is owed to the young person under Section 17 and Section 20 of the Children Act 1989, or whether a duty is owed under the sections outlined above of the Housing Act 1996.

3. If the young person is not accommodated under Section 20, the young person will receive written confirmation of the Section 184 decision from Housing. The young person will also receive a copy of the assessment and written confirmation of the recommendations (this may include a copy of the care plan) from Children’s Services.

4. All young people for whom there is a duty under housing legislation will be offered support through the Resettlement Team (one in both Richmond and Kingston) to receive support to sustain temporary accommodation and successfully move to permanent accommodation. This is regardless of whether the case remains open to a social care team or not.

5. At the point of a duty being accepted by Housing Services, the most appropriate accommodation will be sought from the resources available to the local authority. In Kingston, this will happen initially through the homelessness and temporary accommodation service identifying a provision, and then later reviewed through the Young Persons Accommodation Panel (YPAP) once the assessment has identified an owed duty to the young person from Housing. In Richmond, this takes place through at the initial stage through the Housing Options Team and can be reviewed at any point by this team with the young person.

6. Where Section 20 duty is recommended at the end point (earlier if it is looking likely) of the assessment and the young person has consented/ requested this, then this assessment needs to be sent to the Fostering and Placements Team, copying in the Principal Manager, and taken to the Accommodation and Resource Panel at the earliest point for discussion.

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These panels are held fortnightly in Kingston and monthly in Richmond. The decision to initiate Section 20 should not be delayed for this panel, so the Team Manager needs to ensure that this is escalated in a timely manner. It is the Principal Manager who authorises this status and accommodation being initiated, however it is expected that the Team Manager quality assures and authorises the assessment to ensure that this assessment has been completed in line with this protocol, is evidence based and gives clear rationale within the analysis. All discussions and decisions undertaken throughout the process, whether agreement is given or not, need to be recorded on the young person’s electronic case file on ICS within 24 hours. 7. If Housing and Children’s Services are unable to agree in respect of any

referral, assessment, support package or accommodation provision, then the matter should be escalated to Senior Managers within the respective departments. Please see the earlier section entitled ‘Roles and responsibilities for implementing, monitoring and reviewing’ for a contact list of the named professionals.

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APPENDIX F Reviewing Decisions A number of events should trigger a review of the assessment. Should any of these events occur then Housing Services and Children’s Social Care will agree actions to safeguard the welfare of a young person. Examples of possible events that could occur are listed below, although this list is not exclusive. • Young person discharging themselves from local authority accommodation under

Section 20 (Children Act 1989). • A discharge of the Council’s housing duty which could include eviction from a

hostel. • The young person’s failure to engage with the support offered. • Changes in the young person’s behaviour.

In the instance that a new assessment of the young person’s needs is required, then a referral to the Single Point of Access should be made. If the young person is open, then the lead professional in Children’s Social Care/ Prevention and Early Help Service should be contacted to allow for a re-assessment. In the instance that the young person is being supported by a Level 2 targeted team at the point of requiring a re-referral, then that team will need to convene a Team Around the Child meeting to review the change in circumstances and consider referring to Adolescent Response Team (or Children’s Social Care if safeguarding concerns have been identified). The involved professionals should always consider the prevention steps that can be taken if there are new concerns around the young person becoming homeless. In the instance that a young person in housing accommodation has been issued with a First and Final Warning and Non-Occupation, then Housing should refer to the Level 2 targeted services to prevent the risk of future homelessness. This could include referrals being made to Family Group Conferencing which is considered to be edge of care and prevention resources within Achieving for Children. The outcome and decisions from the social care assessment completed in respect of homelessness will stand for a six week period from the completion the outlined changes have occurred.

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APPENDIX G Progression If Section 20 status has been initiated for a young person, then the lead professional will initiate the statutory processes of them becoming a Looked After Child including arranging a Placement Planning Meeting, First Statutory Looked After Child Review, Personal Education Plan and Looked After Child medical. The Independent Reviewing Officer (IRO) team should be notified on day of their status being initiated, or as soon as possible if an emergency placement. In terms of case progression, the young person should be transferred to the Looked After/Leaving Care team at the first Looked After Child review, with the new named worker being identified and attending this review. Please refer to other social care documentation for further information about the procedures for Looked After and Leaving Care. In the instance that the social care assessment has assessed that either no Section 17 or 20 duty is owed, then the referral is to be closed down. At this point, the young person can either be referred to be supported by the Family Support 11+ team for a short period to prevent a future family breakdown and/ by the Resettlement team in Housing to ensure that they are able to sustain their tenancy if they have been provided accommodation through Housing.      

Flowchart for dealing with 16 and 17 year olds who claim homelessness

16 and 17 year old approaches requesting help to claim homelessness

AfC continues the placement and considers alternatives through Placement Team in line with LAC procedures

SCS fundsEnd

Social worker to lead on return home and liaise with housing

Young person returns home

No duty owed - young person is intentionally homeless

Housing Act duty owed, but referred to another authority

Housing Act duty owed

Referred out under Housing Act 1996 provisions

Referral accepted Duty ends

Referral accepted and discussion at Young Persons Accommodation Panel (Kingston)

Referral accepted, accommodation suitability reviewed by Housing and referral to Resettlement Team (Richmond)

Family support worker with housing meets young person on same day and discusses return home and prevention options (or allocated worker if open to another service). Parents and carers interviewed

Young person returns home End process

Joint assessment initiated between AfC and housing on the same day

New cases - ART Open cases – SCS (R&A, CPT)

Housing

Emergency housing NOT required Continue child assessment

Emergency housing required Arranged via housing services whilst the child assessment continues (unless care needs require specialist LAC provision immediately which goes through Placement Team and Section 20 status given)

Child assessment starts and LAC principal o� cer noti� ed

Part VII Housing Act assessment initiated

Child assessment completed and shared within 10 working days (up to 45 working days depending on complexity) with the following outcomes. Assessment outcome shared with housing.

Section 20 duty owed and young person accepts duty

Section 17 power met but Section 20 duty not met

Section 17 or 20 duty owed and young person refuses either power or duty

No Section 17 or Section 20 power or duty owed

Notify principal LAC o� cer and present to Accommodation and Resource panel

Joint assessment ends - housing continue homeless assessment

Becomes a looked after child

Planned end to accommodationHousing to end accommodationEnd

Housing Act assessment continues following the � nal child assessment and reasons for (a) the young person’s refusal to accept the duty o� ered or (b) reasons for no duty or power being owed to the young person. Housing assumes responsibility for the accommodation placement after assessment completed

Professionals meeting to determine options suitable for a young person invite to include open team (ART, SCS, PEH) or SPA referral

Appendix to protocol

Understanding your options when homeless

Sections 17 and 20 made easy for young people

C h a n g i n g y o u r d e c i s i o n

• Tellyourworkerassoonaspossible• Aftersixweeks,anewassessmentofyourneedswillbecompleted

Y o u r A c k n o w l e d g e m e n t a n d d e c i s i o n

IconfirmthatIamhomelessandhavenoappropriatealternativeaccommodationavailabletome.Iunderstandtheresponsibilitiesanddutiesofbecominga‘lookedafterchild’(S20),butdonotwishtoagreetothisandwouldliketoseeksupportwithoutthisbeingprogressed.

Signed:

Name:

Date:

IconfirmthatIamhomelessandhavenoappropriatealternativeaccommodationavailabletome.Iunderstandtheresponsibilitiesanddutiesofbecominga‘lookedafterchild’andIwishtobecomeaccommodatedunderSection20andagreetoengageintheservicesopentomeasa‘lookedafterchild’.

Signed:

Name:

Date:

Youhavebeenassessedasneedingaccommodationfromthelocalauthorityduetoyourcareneedsandpersonalcircumstances.ThisleafletexplainsthedifferentsectionswithintheChildrenAct1989andtheoptionsavailabletoyouifyouhavebeenrecognisedashomelessafterassessmentandafterinterventionshavebeentriedtoreuniteyouwithyourfamily.

Do y o u c om e u nd e r S e c t i o n 17 o r S e c t i o n 20?

Thisisanimportantquestionandtheansweryougivecanmakeabigdifferencetotheserviceyoureceive.Thenumbers17and20aresectionstakenfromtheChildren’sAct1989anddescribewhatweshouldprovidetoyouandalsowhatisexpectedofyouinreturn.Readthefollowingcarefullyanddiscussyourthoughtswiththehousingorsupportworkerwhoisshowingyouthisleaflet.Youcanonlybehousedunderoneofthesesections.Ifyoudonotcomeundereithersection,thenyoushoulddiscussagaintheoptionofreturningtoyourfamilyorfamilyfriends.

S e c t i o n 17 - ‘ C h i l d i n N e ed ’

• Youareresponsibleforyourcare

• Youcanhavesupportfromasocialworker,aresettlementofficerorfamilysupportworker

• Aplanwillbecreatedforyourfuture

• Supportwillbegivenaroundeducation,trainingoremployment

• Youwillbegivenhelptoapplyforyourhousingbenefitsandtaughthowtomanageonatightbudget

• AccommodationwillbeprovidedbytheHousingDepartment

• Youcouldliveinahostelorsemi-supportedaccommodation

• YouwillneedtoworkcloselywiththeHousingdepartment

• Thesupportfromanysocialcareteamwillendwhenyouare18yearsoldorbeforeifyounolongerneedhelp

•

Next ste ps

TheassessmentwillbesharedwiththeHousingDepartmentforthemtoassessyou

Housingcouldidentifysuitableaccommodationforyou.

S e c t i o n 20 - ‘ L o o k ed a f t e r C h i l d ’

• Therewillbesharedresponsibilityforyourcarewiththelocalauthorityuntilyouare18

• Supportisofferedbyasocialworkerandtheywillvisityouregularly

• Aplanwillbecreatedforyourfuture

• AnIRO(independentreviewingofficer)willmakesurethatyouhavethebestplanofsupportandwillholdmeetingswithyou.

• Youwillbegivenregularhealthappointments

• Youwillattendmeetingstoregularlytoreviewyourprogresswitheducation,trainingoremployment

• Youcouldliveinafosterplacement,residentialunitorsemi-independentaccommodation

• Lateron,youwillhavealeavingcarepersonaladvisorwhowillcontinueyourplanofaction

• Whenyouhavebeenincarefor13weeks,youwillbeentitledtosupportuntilyouare21(possiblylaterifinhighereducation)

• Youwillhavesupportwithhousingwhenyouleaveourcare

NExt ste ps

Referralwillbemadetoourplacementteamtoidentifysuitableaccommodationforyou

Aplacementplanningmeetingwillbeheldwithyouwithinthefirstweekofyoubeingmoved.

Assessment of homelessnessInformation for young people 16 to 17 years old

Our aim is to keep families safely together

What can the Housing Department offer?

• Theywillworkwithyoursocialworker

• Theywillattendmeetingssotheycanunderstandyourneeds

Wil l I see the assessment?

• Yes,thesocialworkershouldmeetwithyoutodiscusstheoutcome

What are the possib le outcomes of the assessment?

• Youareabletoremainlivingwithyourfamilynetwork

• Yourequiresupportasafamilytoimproveyourrelationships

• Yourequireaccommodationfromeithersocialcareorindependentlythroughhousing

What can I do if I do not agree with the outcome of the assessment?

• Talktoyoursocialworker

• Askquestions

• Speaktothesocialworker’smanager

• Callandtalktothecomplaintsdepartmenton02088917937(Richmond)or02085474716(Kingston)

• Askforindependentadvicefromafriend,advocateorsolicitor

Contacts

KingstonSPA:02085475008,RichmondSPA:02088917969

How to let us know

• Calluson02085475008(Kingston)or02088917969(Richmond)

• Attendthecouncilbuildingstoseehousingoradutysocialworker

What wil l we need to know?

• Personaldetailsandinformationaboutyourfamily

• Whyyouarehomeless

• Aboutyourparentsorcarers

• Whoelsesupportsyou?Includingyourdoctor,schoolandcollege

• Yourhistoryandifanyprofessionalshaveworkedwithyoubefore

• Evidenceofwhatyoutellus

What is the assessment?

• Itisawrittendocumentexplainingyoursituation

• Itwillassesshowvulnerableandindependentyouare

• Itwillassessyourfamilyandtrytofindoutwhythingshavebrokendownathome

• Itwillbecompletedbetween10and45workingdays

• Itiscompletedbyasocialworker

• WeworkaccordingtolegislationintheChildrenAct1989

Who needs to be spoken to for the assessment?

• You

• Yourparentsorcarers

• Anyprofessionalswhosupportyou

Wil l I be provided with accommodation whi le the assessment is undertaken?

• Wewillofferhelpandsupportsoyoucanstayathomeorwithfamilywhilethisassessmentiscompleted

• Wewilltalktoyouaboutanyworriesyoumayhaveforyoursafety

• Ifwethinkthatyouhavenowheretostay,thenwewilllookatsuitableaccommodationwhichmaybeahostelanddiscusswhatsupportyouneedatthisaccommodation

I f you think you are homeless, or soon to be homeless, Achieving for Chi ldren on behalf of the Counci l is required by law to make a number of enquiries about your situation. We may be able to prevent you from becoming homeless, or help you if you are.