1

Derby City’s Joint Housing

Protocol for 16 & 17 Year Olds

2019

2

Contents

Section Page

1 Introduction

3

2 Purpose

3

3 Aims

3

4 Key Agencies

4-5

5 Governance

5

6 Escalation

5

7 Prevention

5-6

8 Operational Pathways

6-10

Accommodation Pathways for 16-17 Years

11-12

9 Director Signatures

13

Appendix 1 – Governance Flowchart

14

Appendix 2 – Legal Requirements

15

Appendix 3 – Legal Basis for Social care Staff

16

Appendix 4 – Practice Guidance for Staff

17-18

Appendix 5 – Definitions

19-20

Appendix 6 – Child in Need Information

Sheet

21-22

Appendix 7 – Looked After Children Information Sheet

23-24

Appendix 8 – 16-19 Bursary Fact Sheet

25

Appendix 9 – Housing Framework 26

3

Derby City’s Joint Housing Protocol

1. Introduction

1.1 Derby’s joint protocol for homeless 16 and 17 year olds is an agreement

between a range of partner agencies providing services to children and

young people on how they will work together to meet the needs of young

people experiencing or at risk of homelessness and ensure that young

people in crisis are not being passed between agencies unnecessarily.

1.2 The protocol will meet the requirement for housing and children’s services

departments to establish a framework for the joint assessment of 16 and

17 year olds to facilitate the seamless discharge of duties and appropriate

services to this client group.

1.3 This protocol should be used for all 16 and 17 year olds including care

leavers; pregnant teenagers/young parents; and “children missing”

2. Purpose

2.1 To ensure the best outcome for vulnerable young people by committing to

effective joint working by achieving a clear understanding of each other’s

roles and responsibilities and through a robust yet flexible approach to

finding solutions to problems as they arise.

2.2 Where it is safe and suitable to do so and in line with government

guidelines the expectation will be that 16 and 17 year olds will remain in

the family home wherever possible.

4

3. Aims

3.1 The aim of the protocol is to facilitate effective inter-agency working in

order to:

Improve the life chances of young people in Derby;

Prevent homelessness among young people with specific reference

to 16 and 17 year olds ;

Reduce the use of temporary accommodation;

Improve outcomes for young people who present as homeless or in

housing need;

Ensure that all agencies are signed up to working collaboratively to

shared and agreed pathways and protocols with a clear

understanding of each others roles and responsibilities;

Work with families including parents and carers to prevent

homelessness in young people and to prevent young people from

running away from home;

Eradicate the use of Bed and Breakfast for 16 and 17 year olds; and

Ensure young people are supported to develop the skills to live

independently as required

Ensure that young people are aware of services available to them to

prevent homelessness.

Ensure young people are informed of what duties are owed to them

by the local authority and in what circumstances they are owed.

4. Key Agencies

4.1 The following partners will be expected to adopt and work to the joint

protocol:

People Services ;

o Leaving Care Service

o Careline

o Children’s Commissioning

o Multi-Agency Locality Teams

o Social Care (Locality, Reception and Children in Care)

o Youth Offending Service

5

Derby Homes; Housing Options

5. Governance

5.1 Governance remains in host agencies but the implementation of the

protocol will be overseen by Children in Care Commissioning Group which

reports to Integrated Commissioning Group who report to the Children,

Family and Learners Board (Children’s Trust) See appendix 1.

6 Escalation

6.1 In situations where operational dispute occurs between agencies, resolution

must first be attempted at practitioner level. Where issues are not able to

be resolved, the matter should be escalated through respective line

management arrangements.

6.2 Any re-occurring patterns will be brought to Children in Care Commissioning

Group for resolution. This will allow dispute issues to be discussed and

resolved at a strategic level.

7. Prevention

7.1 It is in the best interests of most young people aged 16 or 17 to live in the

family home, or, where this is not safe or appropriate, with responsible

adults in their wider family and friends network.

7.2 Where possible all relevant services should work together to prevent a

young person from having to leave home at all even if the time required to

work through significant family tensions and problems means that the

young person is temporarily accommodated. It is therefore important that

services are designed to enable this family focus to begin on day one and

continue throughout the processes of assessment and, where necessary,

the provision of accommodation.

6

7.3 The two primary drivers needed to be adopted to ensure young people are

placed appropriately without use of B&B are firstly; Preventing the child

getting to the stage of being assessed as homeless because their needs

are met at a lower level of intervention; and secondly; Ensuring that

sufficient controls are executed consistently, robustly and responsively by

all services so that the right accommodation is accessed on the basis of

assessed need rather than reliance on legal status.

7.4 Where a young person presents as potentially homeless, at Housing

Options, Locality MAT, The Space@Connexions or YOS, a structured course

of action is immediately undertaken commencing with an Early Help

Assessment (where appropriate) and a comprehensive programme of

support offered to facilitate them to remain or return home. There needs

to be both a consistent and robust approach undertaken across all services

and evidenced through offer of a tangible programme that is provided

immediately.

7.5 Preventative work should be undertaken alongside the statutory

assessment processes and should not delay assessment or the delivery of

statutory services to 16 and 17 year olds who may be homeless or at risk

of homelessness.

8. Operational Pathways

8.1 Where a 16/17 year old presents to Housing Options as homeless or

threatened with homelessness, they will be seen by a Housing Adviser who

will complete a housing needs assessment form, and Risk Assessment

form including the relevant appendices. The Housing Adviser will make

every effort to negotiate either a return to the parental home or

alternative accommodation with family members or friends as long as such

a placement is safe for the young person. This may be on a temporary

basis or permanent. If possible a home visit will be carried out to facilitate

negotiations.

8.2 They will check with the First Contact Team if the young person has an

allocated MAT/ Social Care worker and/or with the Youth Offending Service

7

to check if there is an allocated YOS worker. This may be to find out if

there is further information regarding risks to the young person, risks they

may present to others or contacts for relatives to facilitate a return home.

8.3 If the young person is homeless, a homeless application will be taken.

If they have not got an allocated MAT/ social care worker (or YOS

Worker) or the case is closed to children’s services (Social Care/ Locality

MAT) and there is no Early Help Assessment then the Housing Adviser will

complete an Early Help Assessment checklist. If the young person can

return home, then there is no need for a Child in Need (single)

assessment. If it appears likely that the young person will not be safe to

return home and there are no suitable extended family and friends with

whom the young person can stay, then the young person should be

referred to the First Contact Team for a single assessment.

If the young person has an allocated social care worker, that worker will

update the most recent assessment, taking into account the risk of

homelessness. Action will be taken immediately to meet the young

person’s needs without waiting for the outcome of the assessment. The

assessment will take into account all information from Housing Options.

Initially the young person will be treated as a Child in Need until the

outcomes of the assessment which will also consider whether s20 or CiN

apply dependent on the young persons assessed level of needs

incorporating the young person’s views. It is important that there is a full

discussion with the young person regarding their rights and whether they

wish to receive services as part of s20 Looked After or s17 Child in Need.

Consent and understanding is critical at this point and requires written

signature following decision. There is guidance and appropriate leaflets

contained at the end of this protocol to assist with discussions. The signed

consent form must be attached to the referral form and then uploaded

onto LCS.

In circumstances where the assessment and young person has indicated

the need to be accommodated under S20*, all relevant procedures should

be initiated. Children’s services will be responsible for accommodation,

8

support and maintenance and there will be liaison with Housing Options

around the actual provision of accommodation.

Where the young person remains accommodated under S20 at the 4

month review, the case will pass to the Children in Care Service in line

with current practice. Where the young person comes to the point of

discharge from S20 duties they will be referred to the Leaving Care

Service assuming that the eligibility criteria for Leaving Care Services are

met. Where the assessment does not indicate a need for the young person

to be accommodated under S20 or the young person refuses to be

accommodated then Housing Legislation will apply in terms of

accommodation. The young person must be deemed competent to make

such a decision having considered the options. There may be

circumstances where independent accommodation will be offered under

S17.

8.4 If it there is an allocated YOS worker they should refer to the First Contact

team in order for a single assessment to be completed, unless there is a

Social Worker already allocated to that case in Children’s Social Care, in

which case, the YOS worker will refer to them to complete the Single

Assessment.

MAT Existing Open Case: If the case is open to a MAT worker, there must

be an offer of support to retain young person at home or with the extended

family agreed depending on need presented. If it is not safe enough for the

young person to be returned home then the young person should be referred

to the duty worker (in Locality social care) for assessment. If a temporary

solution is found by way of a placement outside of the family unit, then the

MAT worker is to refer to the next VCM panel for allocation to social care for a

Single Assessment.

8.5 If the only way of meeting the young person’s needs safely is by living

independently then a referral (is made to the Commissioning Placements

team for a referral to either the Housing Framework or the Block contract

for emergency beds. Bed and Breakfast accommodation will only be used

9

in exceptional circumstances (an emergency) and authorisation to place

into bed and breakfast accommodation must be obtained from a Service

Director prior to any placement made). Any placement in B&B must be

notified by the allocated worker to Housing Options to be recorded.

Timescales and process are detailed in Pathway One.

8.6 The Space@Connexions. Where the young person presents at the

Space@Connexions, the Space@Connexions will undertake a background

check to ascertain existing involvement and refer/ notify accordingly

where the case is already open. This could be within a Locality, Social Care

or YOS. Where the case is not open to any other service, the young person

should be referred to Housing Options and the First Contact Team.

8.7 Information sharing: Core details regarding the young person including

areas of risk or safeguarding will be shared with relevant partners for the

purpose of achieving the best outcome for the young person. The young

person should be told that information will be shared. In accordance with

GDPR processes and protocol.

8.8 Children Leaving Care

8.9 There is a Care Leavers’ Accommodation Pathway that will be implemented

when a young person is identified as being in care and ready for

independent living. This is a planned process which requires identification

at the age of 17 of the need for independent accommodation for the young

person when they reach 18.

8.10 The Leaving Care Service, Housing Options, Derby Homes and other

appropriate housing providers will meet bi monthly? To discuss the

circumstances of young people in in care.

8.11 At the age of 17 an appointment will be made for the young person to see

a Housing Advisor to complete a Housing Needs assessment form and

relevant appendices to ascertain if ready for independent living.

10

8.12 If ready for independent living, request for a discretionary offer of

accommodation will be made to Derby Homes or other provider. The YP

will also be able to access the Homefinder scheme in order to bid for

suitable accommodation. A property will be offered before the age of 18 if

possible and, in these cases, children services will be responsible for all

associated costs. At 18 the young person will become financially

responsible.

8.13 If the young person (YP) is not assessed as being capable of sustaining

independent living, referrals will be made to the Housing Framework

8.14 Daily Allowance for Meals – If the young person is claiming HB some

providers, financial support may be required until the young person

receives benefits. Add to it.

11

Accommodation for 16-17 years PATHWAY for

Young person presenting as potentially homeless at

Housing Options

Housing Options (HO) will complete a Housing Needs Assessment and, as part of homelessness investigations, will contact parents, relatives or friends to see if Young Person (YP) can return home. This may include a home visit. HO

contact Social Care and/or YOS to see if YP is known to them or for any additional information.

YP is homeless. HO make a referral to Social Care to

complete a Single

Assessment to assess

whether to accommodate under S 20 or S17

YP returns home as not homeless

Social Care refer to Commissioning for placement.

Referral to be approved by HOS.

Social Care to notify HO of outcome of referral

12

Accommodation for 16-17 years PATHWAY for

Young person presenting as potentially homeless at

Locality Early Help Service/ Space@Connexions/ Social Care/YOS/Reception

Locality Early Help Team / Social Care/YOS/Reception will contact parents, relatives or friends to see if Young Person (YP) can return home.

YP is homeless. EH/ SPACE/ Social Care/YOS/Reception

further assessment started and referral to commissioning for placement to be approved by

HOS.

YP returns home or to safe place - not

homeless

YOS update ASSET assessment, liaise with EH/ Social Care (if open case). Social Care to complete Single Assessment to determine whether YP will be

accommodated under either S17 or S20.

13

9. Service Director Signatures

Name Suanne Lim

Title Director of Specialist Services

Signature

Date

Name Maria Murphy

Title

Managing Director of Derby Homes Ltd

Signature

Date

14

15

Appendix One.

LEGAL REQUIREMENTS

Case law judgements (R (G) v London Borough of Southwark [2009]) have

fundamentally realigned the housing responsibilities for homeless 16 and 17

years olds

Prior to this judgement being made, the vast majority of 16 and 17 year olds

that presented as homeless and in need of accommodation were assessed and

supported under Part 7 of the 1996 Housing Act. The typical practice in

authorities was for this group of young people to be routed through to housing

services where they would be treated as a priority group under the 2002

Homelessness (Priority Need for Accommodation) Order.

In the judgement, the House of Lords made it very clear that the 1989 Children

Act has primacy over the Housing Act in providing for children in need, and that

the duties of children’s services authorities to accommodate children in need

cannot be circumvented by referring to the housing authority. Furthermore and

critically to children’s services authorities, where a 16 or 17 year old presents as

homeless to a local authority and is assessed as requiring accommodation, in all

but a few exceptional cases, these young people will meet the criteria for

accommodation under section 20 of the 1989 Children Act, and therefore become

looked after children with all that entails.

16

Appendix Two

LEGAL BASIS FOR SOCIAL CARE STAFF

Section 20(1) Children’s Act states that:

“Every local authority should provide accommodation for any child in need within

their area who appears to them to require accommodation 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 (but not

permanently, and for whatever reason) from providing him with suitable

accommodation or care.”

This duty is now open to children up to the age of 18. There is an additional

duty under Section 20(3) towards 16 and 17 year olds.

“Every local authority should provide accommodation for any child in need within

their area if he has reached the age of 16 and his welfare the authority considers

is likely to be seriously prejudiced if they do not provide him with

accommodation.”

Before providing accommodation, the local authority must, so far as practicable

and consistent with the child’s welfare, ascertain the child’s wishes ‘regarding the

provision of accommodation’ and give due consideration to them having regard

to their age and understanding: 1989 Act, section 20(6).

17

Appendix Three

PRACTICE GUIDANCE FOR STAFF

In applying the law, practitioners should consider the checklist below through

their assessment

1) Is the applicant a child?

(2) Is the applicant a child in need?

Baroness Hale gave the following example of when a homeless 16/17 year old

may not be a child in need: “a child whose home has been temporarily damaged

by fire or flood who can well afford hotel accommodation while it is repaired”.

However Baroness Hale went onto say that “it cannot seriously be suggested that

a child excluded from home who is “sofa surfing” in this way, more often sleeping

in cars, snatching showers and washing his clothes when he can, is not in need

(3) Is he within the local authority’s area?

(4) Does he appear to the local authority to require accommodation?

As with other circumstances, consideration should be given to all other

alternatives and their suitability to meet the needs of the Young Person.

(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?

The judgement did envisage circumstances in which a 16 or 17 year old requires

accommodation for reasons which do not fall within (a), (b) or (c) above. For

example, he may have been living independently for some time, with a job and

somewhere to live, and without anyone caring for him at all; he may then lose

18

his accommodation and become homeless; such a child would not fall within

section 20(1) and would therefore fall within the 2002 Order and be in priority

need under the 1996 Act.”

(6) What are the child’s wishes regarding the provision of accommodation for

him?

The Young Person must be fully appraised of what being accommodated by the

Local Authority means in terms of current services and in terms of eligibility for

Leaving and after care provision.

The judgement states “a homeless 16 or 17 year old who did not want to be

accommodated under section 20 would be another example of a child in priority

need under the 2002 Order.” Such an outcome though would obviously be

dependent upon the child’s competence to make such a decision, taking into

account their age and understanding. In other words, CYP should take into

account the fact that “children are often not good judges of what is in their best

interests" (R (Liverpool City Council) v Hillingdon London Borough Council [2009]

EWCA Civ 43, para 32).

(7) What consideration (having regard to his age and understanding) is duly to be given to those wishes?

See above

(8) Does any person with parental responsibility who is willing to provide

accommodation for him object to the local authority’s intervention?

(9) If there is objection, does the person in whose favour a Child Arrangement

Order is in force agree to the child being looked after by the local authority?

19

Appendix Four

DEFINITIONS

Definition of looked after child: a child who is either in the care of a local authority,

or who is provided with accommodation by a local authority (sec.22(1), also covered are

children or young people who are remanded into the care of a local authority (Note:

although legally a child is only 'in care' or ' in the care system' if a care order has been

made about them, in practice these terms are commonly used to refer to all children

looked after by the local authority whether under a care order or as a result of being

accommodated)

Accommodation by a local authority: a service provided by the local authority to

enable a child who is not under a care order to be cared for away from home for a

continuous period of more than 24 hours (secs 20, 21 and 22(2)

Who is entitled to leaving care services?

Under the Children (Leaving Care) Act, the entitlement of a young person to leaving care

services is determined by the category they fall into under the Act and Regulations

Three categories of young people have been created. The categories are called:

'eligible, 'relevant' and' former relevant' children. In addition, the general category

of young people who leave care after they reach the age of 16, has been retained in

amended section 24 of the Children Act 1989.

Eligibility

Eligibility for each category is based on:

The young person's age

Length of time looked after

Current care status

20

1. Eligible Children

Age: 16 or 17 years

Time Looked After: a total period of at least 13 weeks after reaching the age of 14

Current Care Status: currently looked after. (Sched.2, para.19B (2), C(LC)A Reg. 3)

2. Relevant Children

Age: 16 or 17 years old

Time Looked After: a total of 13 weeks after reaching the age of 14, including one day

while they were 16 or 17 (that is, they were previously 'eligible' children),and

Current Care Status: no longer looked after sec.23A(2)

3. Former relevant Children

Age: 18 to 25 years old

Time Looked After: were either (a) relevant children and would be if under 18 or (b)

looked after at their 18th birthday and immediately before that were eligible children and

Current Care Status: no longer looked after. (sec.23c(1)

4. Persons qualifying for advice and assistance

Age: 16 to 25 years old

Time Looked After: for any period of time after reaching 16 but before reaching 18,

they were looked after, accommodated or fostered, and

Current Care Status: no longer looked after, accommodated or fostered (sec 24)

21

Appendix 5

An explanation of Services

I will get as a Child In Need

Section 17 Children’s Act 1989 As a Child In Need, you will be supported by a Multi-Agency Team (MAT). The MAT teams have a range of professionals working in them including education welfare workers, personal advisors, youth workers and children's practitioners, and you will be supported in taking on the responsibilities for living independently, or in returning to live with your family (depending on your circumstances).

You will have a named worker who will lead the work with you and will coordinate other staff to offer you support as necessary.

Your worker will draw up a plan to detail what support you will receive and who will be providing that support. There will be meetings and reviews with you and any other people who become important in meeting your support needs.

You will get help with: Housing issues and appointments. Education, employment and training. Independent living skills. Support in keeping up relationships with family members. Any other advice and support as needed.

As you are 16 or over, you are entitled to receive Income Support and Housing Benefit. You will be supported to claim your benefits if you are going to be living independently. You may get some temporary financial support until you are in receipt of your own benefits. If the claim you receive is backdated, then you will have to return some of that money!

This support is available for as long as it is needed, or until you reach your 18th birthday.

22

YOU WILL BE RESPONSIBLE FOR PLAYING YOUR PART IN THE PLANS. WHERE YOU DO NOT, THE LEVELS OF SUPPORT MAY BE WITHDRAWN. I have read and discussed the above information. I agree to receive support as a Child in Need. Signed (YP) ………………………………………………… Date: ….…...…………… Information discussed with …………………………………………………………………

23

Appendix 6

Information for 16/17 year olds

not living with family / friends

An explanation of Services I will get as a Looked After Child Section 20 Children’s Act 1989 As a Looked After Child, this means that Social Care will be acting as your parents, and they will be responsible for looking after and supporting you as detailed below. There are a lot of legal requirements if you are a Looked After Child which must be met.

A Social Worker will be allocated to you.

The social worker will coordinate the agencies that are supporting you to try and work together effectively. A Care Plan will be completed by your Social Worker. This will detail what you need and how the different agencies can help you.

As part of the Care Plan, there will be a more detailed Placement Plan, which will be clear on what is expected of you and what the placement will provide for you.

You will get help with: Housing issues and appointments. You will be able to access Housing

Options for supportive housing / living accommodation. It is unlikely that you will go into a residential or foster home, unless this is specifically identified as right for you.

Education, employment and training. Independent living skills. Support in keeping up relationships with family members. Any other advice and support as needed.

24

There will be regular meetings and reviews (known as statutory reviews) involving yourself and the services that are supporting you to check the progress of the plan. The reviews will be chaired by an Independent Reviewing Officer.

You will need to have regular Medicals. This includes checks on your height and weight, general chat about how you are feeling and any health issues or any worries you may have. You will need to register with a Doctor and Dentist.

Your rent will be paid for by Social Care and you will get a weekly allowance payment, which is the same amount as Income Support. You may have to collect this weekly or daily from the Social Care office.

Accommodation will be chosen by your Social Worker, who will discuss this with you. You will not be able to chose to live in Bed and Breakfast accommodation as a Looked After Child.

You will have to claim benefits when you leave care.

When you are 18 your Key Worker will refer you to Aspire. This is the After Care Service. You will be eligible for advice and support until you are 25. You will not receive a Leaving Care Grant, as you will have become a Child in Care after your 16th birthday.

YOU WILL BE EXPECTED TO BE RESPONSIBLE FOR PLAYING YOUR PART IN THE PLANS. WHERE YOU DO NOT, YOU MAY BE DISCHARGED FROM BEING LOOKED AFTER. I have read and discussed the above information. I agree to be supported as a Looked After Child Signed (YP)……………………………………… Date …………………………