23 February 2018 Hilton Hotel Maidstone Joint Protocol Launch 23 February 2018 Hilton Hotel Maidstone
Opening & Introductions John Littlemore & Naintara Khosla
Joint Working and Planning 16 & 17 year old Homelessness
Kent County Council and Housing Partners Through this working partnership there is increased communication and understanding of the challenges facing housing and the work undertaken in Specialist Childrens Services and with Early Help colleagues. My thanks to John Littlemore, Lesley Clay and Maria Gerard along with Stephen Hollands for their co-work and commitment to delivering a partnership policy for young homelessness. The journey has been rewarding as a new protocol has been agreed and implemented.
Kent County Council and Housing Partners Last protocol in 2010 - 16-21 year olds – Newest protocol that we are looking at today has greater focus on homeless 16 / 17 year olds. Greater emphasis on prevention, greater emphasis on working with families to resolve difficulties and for children to return home where SAFE to do so. Also clarifies roles and responsibilities for those children where they require further statutory intervention from the LA or LHA to ensure that their needs (including housing) are met.
Kent County Council and Housing Partners Young People at the Heart of all we do Housing and Kent County Council will work towards resolving the presenting housing issue. KCC have a duty under the Children Act to support with other issues which have contributed to homelessness. The offer of support was piloted with South Kent Specialist Childrens Services working closely with Early Help and housing colleagues Where is assessed as safe the aim of the work with Adolescent Support Teams and Early Help is to prevent young people coming into care.
An Overview of Early Help
Kent Early Help Definition Early Help means intervening as soon as possible to tackle emerging problems. It is about ensuring that every child and young person from pre –birth to 25, and their family, who needs early help services will receive them in a timely and responsive way, so that they are safeguarded, their health, educational, social and emotional needs are met and outcomes are good.
EHPS – Range of Services All children and families have core needs such as parenting, health and education. Children are supported by their family and in universal services to meet all their needs. Children and families with additional needs who would benefit from or who require extra help to improve education, parenting and/or behaviour or to meet specific health or emotional needs or to improve material situation. Child’s needs can be met by universal services working together or with the addition of some targeted services Vulnerable children and their families with multiple or complex needs. Life chances would be impaired without coordinated support. A multi-agency plan is developed with the family. A wide range of services, including SCS or Early Help Units, might be involved Children and/or family members are likely to suffer significant harm serious and lasting impairment without the intervention of specialist services, sometimes in a statutory role such as youth justice services. Universal Additional Intensive Specialist
5 x Practice Development Leaders 4 x 0-25 Area Head of Service 12 x District Managers 44 x Early Help Units 5 x Youth Justice Units 12 x Youth Hubs 85 x Children’s Centres 5 x Practice Development Leaders 9 x District Partnership Managers
Early Help means intervening as soon as possible to tackle emerging problems. It is about ensuring that every child and young person from pre –birth to 25, and their family, who needs early help services will receive them in a timely and responsive way, so that they are safeguarded, their health, educational, social and emotional needs are met and outcomes are good. Early Help means intervening as soon as possible to tackle emerging problems. It is about ensuring that every child and young person from pre –birth to 25, and their family, who needs early help services will receive them in a timely and responsive way, so that they are safeguarded, their health, educational, social and emotional needs are met and outcomes are good. Early Help means intervening as soon as possible to tackle emerging problems. It is about ensuring that every child and young person from pre –birth to 25, and their family, who needs early help services will receive them in a timely and responsive way, so that they are safeguarded, their health, educational, social and emotional needs are met and outcomes are good.
Early Help and Preventative Service Delivery Model Intervening as soon as possible in a timely and responsive way to ensure good outcomes Early Help Units Triage Open Access Youth Justice and PRU, Inclusion and Attendance Youth Hubs Children's Centres Integrated systems and structures Management Support & EH Toolkit Unit Meetings and Step Down Panel Kent Family Support Framework Outcome focus - Dashboards and Trackers Strengths based family practice
Youth Justice Delivery Model Working across the Partnership Unit Structure Specialisms within Youth Justice Signs of Safety and Destinance Performance and Outcomes Integration with Districts Unit Meetings Asset Plus Framework The delivery model on one slide! (Clockwise from top left) Universal offer – activities that are aimed at and can be accessed by everyone Targeted Provision – Activities, usually in groups, aimed at specific demographic or need. Targeted provision is an important element of support to families , children and young people and will form the majority of the Level two offer in open access Outdoor Ed, DoE and Youth participation – provides challenging opportunities that promote personal growth and resilience Links across the threshold - Open access supports all levels o f need including those families, children and young people involved with Youth Justice, PIAS and specialist services, and delivery is supported by staff across the service Additional Support – Support tailored to individual and specific needs with a light touch assessment and plan. This may include 121 intervention and may include facilitating attendance at targeted provision. Open access work is underpinned by strength based practice and Signs of Safety Estart is being used across Open Access to record the work we do – this means we can produce performance information and scorecards that show how we are doing and how to improve Reflective Practice Groups are now available in all districts to support and promote good practice and staff development Running across the delivery is an integrated system, management support, governance through the DAB’s and YAG’s, and a quality assurance framework
Open Access Delivery Model Children’s Centre and Youth Hub 0-25 Universal Offer Targeted Provision DofE, Outdoor Education, Youth Participation Interface of Open Access Across the Thresholds Youth Hubs Children's Centres Integrated systems and structures Management Support & Early Help Toolkit Reflective Practice Groups Additional Support in Open Access Performance Indicators and Scorecards Strengths based family practice The delivery model on one slide! (Clockwise from top left) Universal offer – activities that are aimed at and can be accessed by everyone Targeted Provision – Activities, usually in groups, aimed at specific demographic or need. Targeted provision is an important element of support to families , children and young people and will form the majority of the Level two offer in open access Outdoor Ed, DoE and Youth participation – provides challenging opportunities that promote personal growth and resilience Links across the threshold - Open access supports all levels o f need including those families, children and young people involved with Youth Justice, PIAS and specialist services, and delivery is supported by staff across the service Additional Support – Support tailored to individual and specific needs with a light touch assessment and plan. This may include 121 intervention and may include facilitating attendance at targeted provision. Open access work is underpinned by strength based practice and Signs of Safety Estart is being used across Open Access to record the work we do – this means we can produce performance information and scorecards that show how we are doing and how to improve Reflective Practice Groups are now available in all districts to support and promote good practice and staff development Running across the delivery is an integrated system, management support, governance through the DAB’s and YAG’s, and a quality assurance framework
Preventing or minimising the risk, of problems arising or occurring again – usually through universal services such as schools, children's centres, youth work and health provision. Targeting individuals and families at high risk, or those showing early signs of a particular problem, to reduce family breakdown or problematic behaviour before concerns escalate leading to statutory intervention Providing edge of care early help services that respond effectively to needs, to redress the situation, stop problems getting worse and sustain and improve outcomes. Multi disciplinary and Multi-agency, including SCS and Health, services delivering in a joined up way to have maximum impact on improving outcomes. Early Help and Preventative Services work across tiers of need and risk
EHPS, SCS and Education working together across Kent Dartford Gravesham Swale Thanet Sevenoaks Canterbury Listening to children young people, families and communities Swale Tonbridge and Malling Maidstone Dover County wide Function – Youth Justice, PIAS, Information and Intelligence Tunbridge Wells Shepway Ashford Area HoS & District Managers Open Access in Youth Hubs and Children’s Centres Early Help Units Outdoor education and DofE VCS Commissioned Provision Partnership with Early Years, Schools, ETE Providers, Health, Police and Districts
EHPS an Integrated Service aligned to structures and partnership North: Dartford, Gravesham, Sevenoaks West: Tonbridge & Malling, Maidstone, Tunbridge Wells East: Thanet, Canterbury, Swale South: Ashford, Shepway, Dover SCS, Statutory and Third Sector Partners across Kent 0-25 Area Heads of Service with Strategic Responsibilities District Partnerships, Education, training and schools Young people and parents/carers Health partners and CCGs Communities and volunteers Youth Justice, Court Processes, Enhanced and Intensive Supervision, Attendance & Inclusion, Intelligence & Information 12 Districts 4 Areas County wide Function
District Partnership Manager Practice Development Leader 0-25 Area Head of Service Area Leads District Partnership Manager District 0-25 District Manager Children’s Centre Youth Hub North Kent Nick Moor County Role: Central Referral Unit, Intensive Support, Child and Adolescent Mental Health Service – Lots 1 and 2, Safeguarding nick.moor@kent.g ov.uk 03000410863 Youth Justice Paula Desai paula.desai@kent.gov.uk 03000410535 Inclusion and Attendance David Boyd david.boyd@kent.gov.uk 03000418532 Practice Development Leader Michelle Coles michelle.coles@kent.gov.uk 03000 421885 Jackie Marks jackie.marks@kent.gov.uk 07795 036667 Colin Green Colin.green@kent.gov.uk 07944 621421 Dartford Tim O’Brien tim.o’brien@kent.gov.uk 03000413099 Faye Newman faye.newman@kent.gov.uk 03000417922 Zoe Harris Zoe.Harris@kent.gov.uk 03000414112 Gravesham Mark Ford mark.ford@kent.gov.uk 03000411746 Becca Spencer becca.Spencer@kent.gov.uk 03000418272 Jodie Hamilton Jodie.Hamilton@kent.gov.uk 03000414749 Sevenoaks Christine Kiely christine.kiely@kent.gov.uk 03000414270 Clare Ginn Clare.Ginn@kent.gov.uk 03000414336 Sarah Gaunt Sarah.Gaunt@kent.gov.uk 03000418155 West Kent Nick Fenton County Role: Children’s Centres, Free For Two, Public Health: Child and Adolescent Mental Health Service, Public Health Outcomes, Young Carers nick.fenton@kent.go v.uk 03000416084 Youth Justice Paul Walker paul.walker@kent.gov.uk 03000411768 Inclusion and Attendance Cathy Edwards Catherine.Edwards@kent.gov.uk 03000411958 Practice Development Leader Susan Ashmore susan.ashmore@kent.gov.uk 03000 410318 Paul Kennedy Paul.Kennedy@kent.gov.uk 03000 411257 Chris Beale christopher.beale@kent.gov.uk 07765 955714 Maidstone Hema Birdi hema.birdi@kent.gov.uk 03000411407 Kareen McKeown Kareen.McKeown@kent.gov.uk 03000414811 Natalie Penfold natalie.penfold@kent.gov.uk 03000412492 Tonbridge & Malling Karen Coffey karen.coffey@kent.gov.uk 03000412523 Bethany Hodges Bethany.Hodges@kent.gov.uk 03000415215 Ellen Shaw Ellen.Shaw@kent.gov.uk 03000419507 Tunbridge Wells Dan Bride dan.bride@kent.gov.uk 03000411732 Simon Fry Simon.fry@kent.gov.uk 03000411360 Sara Fletcher Sara.Fletcher@kent.gov.uk 03000411745
District Partnership Manager 0-25 Area Head of Service Area Leads District Partnership Manager District 0-25 District Manager Children’s Centre Youth Hub South Kent Louise Fisher County Role: Youth Justice, Signs of Safety, Front Door Demand Management Project louise.fisher@kent .gov.uk 03000414791 Youth Justice Katie Knight Katie.knight@kent.gov.uk 03000412269 Inclusion and Attendance Heidi McGee Heidi.McGee@kent.gov.uk 03000418689 Practice Development Leader Rebecca Roche rebecca.roche@kent.gov.uk 03000 419501 Mark Wiltshire Mark.Wiltshire2@kent.gov.uk 03000 421864 Jayne Hagues Jayne.Hagues@kent.gov.uk 03000 414946 Ashford Helen Anderson helen.anderson@kent.gov.uk 03000410657 Ann Woodberry Ann.Woodberry@kent.gov.uk 03000418831 Jim Winter Jim.Winter@kent.gov.uk 03000414441 Shepway Julia Easton julia.easton@kent.gov.uk 03000419073 Karen Roberts Karen.roberts@kent.gov.uk 03000401656 Julian Streader julian.streader@kent.gov.uk 03000414065 Dover Jo Hook jo.hook@kent.gov.uk 03000416266 Leanne Watson Leanne.Watson@kent.gov.uk 03000414521 Erin Bell Erin.Bell@kent.gov.uk 03000418019 East Kent Nigel Baker County Role: Additional Support, NEET, Child Sexual Exploitation, Missing Children, Youth Offer nigel.baker@kent.gov.uk 03000415803 Youth Justice Pat Rouse pat.rouse@kent.gov.uk 03000411075 Barry Weeks barry.weeks@kent.gov.uk 03000 412502 Inclusion and Attendance Melanie Higgins melanie.higgins@kent.gov.uk 03000418641 Practice Development Leader Mark Walsh mark.walsh@kent.gov.uk 03000419385 Hayley Bodiam hayley.bodiam@kent.gov.uk 03000 414776 Amtul Uzma Amtul.uzma@kent.gov.uk 03000 417188 07834 417485 Jenny Bullows jenny.bullows@kent.gov.uk 07545 104886 Janine Collins janine.collins@kent.gov.uk 03000417053 Canterbury Rob Jobe rob.jobe@kent.gov.uk 03000414624 Alison Bounds Alison.Bounds@kent.gov.uk 03000417516 Dawn Ledingham dawn.ledingham@kent.gov.uk 03000411056 Swale Joanne Terry joeanne.terry@kent.gov.uk 03000414836 Mags Windeatt mags.windeatt@kent.gov.uk 03000 421988 Ben Rose Ben.Rose@kent.gov.uk 07717651469 Thanet Sharon McLaughlin sharon.mclaughlin@kent.gov.uk 07824707374 Vicky O’Riordan Vicky.O'riordan@kent.gov.uk 03000415694 Justin Wanstall Justin.Wanstall@kent.gov.uk 03000419516
An overview of the Adolescent Support Team
AST Teams and Districts AST North Sevenoaks, Swanley, Gravesham, Dartford 3 social workers and 3 social work assistants (SWAs) AST West Maidstone, Tunbridge and Malling, Tunbridge Wells 3 social workers and 3 SWAs AST South Dover, Ashford, Shepway AST East Thanet, Canterbury, Swale 4 Social workers and 4 SWAs
Who do we work with? Young homeless (Southwark Judgements) Ages 16 – 18, young person has presented as homeless and is seeking accommodation and a Joint Housing Assessment is required under the Southwark Ruling Our work is set out as per the joint housing assessment protocol, we have the duty to assess and provide support that meets that young persons needs. This could involve rapid response because the home situation at the point where family breakdown is imminent without immediate, intensive intervention It could also involve provision of signposting or referrals to services, to prevent family breakdown We will utilise partner agencies as part of a support plan to enable that young person to remain at home, or identify a safe place to live We will work with the local housing teams to ensure that the young person is able to understand their options and make an informed decision about what they wish to happen
Case holding Ages 13- 18 (11-13 will be considered if presenting with family breakdown due to high risk adolescent behaviours) Young person’s aggressive/disruptive/anti-social behaviour causing family breakdown Young person’s substance or alcohol abuse causing family breakdown Parents expressing inability to manage CYP’s behaviour Regular occurrences of truancy which is impacting on family relationships Family dynamic showing clear signs of deterioration Young person’s mental health issues causing family breakdown Case has not already been open for more than 6 months Index referred child is the adolescent - not part of a family requiring social care or the parent of a child requiring social care Not Child protection (although we will work a case up to an initial child protection conference if CP concerns arise on a case we are already holding) Non case holding (an agreed plan of intervention must be in place) Possibility of family breakdown due to CYP behaviour Case has been open for more than 6 months and requires a short intervention to make changes Index referred child is part of a family requiring social care or the parent of a child requiring social care CP
Referral pathways
Current cases held North 29 case holding – 11 potential Southwark Judgements, 2 Looked after children, 16 Children in need West 34 case holding – 8 potential Southwark Judgements, 1 Looked after child, 25 Children in need East 49 case holding - 5 potential Southwark Judgements,12 Looked after children, 32 children in need South 26 case holding - 7 potential Southwark Judgements, 5 Looked after children, 14 children in need
Overview of Homeless Legislation & The Homelessness Reduction Act 2017 Marie Gerald Housing Options & Private Sector Manager Dartford Borough Council
The Teams Each district has it’s own structure – some bigger than others Each may incorporate different elements of the wider housing team – e.g. Private Sector, Allocations etc. Each will have different ways of accessing the service and the process 16/17 makes up a very small percentage of overall work done by the Housing Options Teams.
What do we do? (Dartford example) Nominations and liaison with Housing Associations Housing Register Provision Allocations Deposit Guarantee One Stop Shop (domestic abuse) Disabled Adaptations Empty Homes Kent Home choice/ Locata Homeless Prevention Service Requests (tenants) Housing Advice Temporary Accommodation Homelessness Houses in Multiple Occupation (HMO’s) Joint Stock & Quota cases Landlord Services Decent Homes Assistance Downsize for Cash Private Leasing Scheme Young Persons Team And more……
Existing Legislation Part VII Housing Act 1996 – provides statutory underpinning for tackling homelessness. Homelessness Act 2002 and Homelessness (Priority Need for Accommodation) (England) Order 2002 – requires LHA’s to develop homelessness strategies and extended the priority need categories. Homelessness Code of Guidance (2006) – The Code provides statutory guidance on local authority housing and social services statutory functions in respect of people who are homeless or at risk of homelessness. The Code is issued by the Secretaries of State under section 182 of the Housing Act 1996, and local authorities must have regard to the Code, by law. General duty – to ensure that advice and information about homelessness and preventing homelessness is available free of charge to anyone in the district.
The 5 Tests of homelessness A household automatically has priority need if they have dependent children, pregnant, care leavers aged 18-21 or 16/17 year olds. Everyone else subject to a vulnerability assessment When a household deliberately does or fails to do anything in consequence of which they leave, or are forced to leave, the accommodation A person subject to immigration control is not usually eligible for assistance unless granted refugee status, leave to remain or habitually resident. This includes EU citizens who are correctly using their treaty rights. Council must provide temporary accommodation and an offer of a permanent home A person becomes homeless or threatened with homelessness if her or she is likely to become homeless within 28 days Main duty accepted Local connection? Was it intentional? In priority need? Is established if applicant has lived in the borough6 out of the last 12 months, 3 out of 5 years, employment, family or special circumstance Are you eligible? Are you homeless?
Why the current system is broken Homeless application – restricted to risk within 28 days so early help when early risk identified is not legal requirement Gatekeeping accusations as prevention help is non statutory – people sent away until bailiff’s warrant No obligation on applicant to accept any prevention help The tests for homelessness, priority need and intentional homelessness are ‘means tests’. People ‘fall out’ along the assessment journey with little help if they fail tests By contrast for those who make it through to the end with a main 193(2) duty owed have around 70% chance of having duty ended with offer of social housing. Only just 5% have it ended through social housing offer due to the restrictions placed of a 12 month AST (Localism Act 2012)
ALLOCATION OF SOCIAL HOUSING PRIORITY Each Local Authority decides how much priority is given based on the individual allocations policies – rules are different Different in all local authority area’s Some may still use points but most used bandings Some award additional priority, for instance if you are working or leaving the armed forces WAITING TIMES Dependant on availability of social housing in each area Levels of demand for social housing Level of priority or preference How flexible in terms of areas that is considered. REASONS YOU MAY NOT JOIN REGISTERS No local connection Not eligible - immigration Does not qualify - No housing need Owes money to that local authority Anti-social behaviour SUMMARY OF PART VI Each LA has own policy and own way of deciding priority Some LA’s are stock holding authorities and some aren’t – may affect some decisions Local connection rules will probably always apply ALLOCATION OF SOCIAL HOUSING Part VI Housing Act
Homeless Reduction Act 2017
HRA Background In 2015, Wales implemented new homeless legislation which had a focus on prevention Following this, the homeless charity Crisis carried out a mystery shopping exercise to understand rising homeless numbers in England, particularly rough sleepers (Turned Away 2014) The House of Commons Select Committee then undertook an inquiry, from which came a report and the Homelessness Reduction Bill (HRB), which aimed to improve the support and advice offered to all homeless people Conservative backbench MP, Bob Blackman, presented this as a Private Member's Bill to Parliament which sailed through the parliamentary process - rare that legislation receives such strong cross-party support but the HRA attempts to tackle a problem that shows no signs of easing The HRA sets out a framework for the biggest changes to homelessness legislation since the 1977 Act was introduced It proposed several new duties, many of which will require a change in working practices, and additional resources. The Bill was enacted in April 2017 and despite reservations from across all sectors, Government have confirmed start date for 3rd April 2018
Definition of homelessness and threatened with homelessness: The animation automatically begins. Definition of homelessness and threatened with homelessness: This clause extends the period during which a local housing authority (LHA) should treat someone as threatened with homelessness from 28 to 56 days, and sets out the action LHAs should take when someone applies for housing assistance, having been served with a notice to end an assured shorthold tenancy. Duty of Local Housing Authority to provide advice This clause strengthens and extends the general advice duty, requiring the LHA to design a service that meets the needs of certain groups at risk of homelessness. Homelessness Assessment & prevention duties: this clause includes new duties to those who are homeless or threatened with homelessness, to: carry out an assessment; agree a personal housing plan; help prevent homelessness (for 56 days+); and help to secure accommodation for all eligible applicants, regardless of priority need.
Duty owed to those who are homeless: The animation automatically begins. Duty owed to those who are homeless: This clause further amends the 1996 Act, placing a duty on LHAs to relieve homeless for 56 days by helping applicants to secure accommodation Deliberate and unreasonable refusal to cooperate: This clause also amends the 1996 Act to introduce the provision for the LHA to serve a notice on the applicant where it is considered they have deliberately and unreasonably refused to cooperate with the authority to help prevent their homelessness. Local connection of a care leaver: This clause amends the 1996 act to clarify the circumstances under which care leavers should be treated as having a local connection with the LHA.
Duty to refer Review of decisions The animation automatically begins. Review of decisions This clause proposes additional rights of review in relation to new duties in the HRA. There is now 13 opportunities to request a review Duty to refer This new duty applies to all public authorities specified in the regulations to refer cases to the LHA if they consider that a person in England, to whom they exercise functions, may be homeless or is at risk of homelessness.
How the Act is intended to work 1 2 3 4 STAGE 1 1 the application and assessment of the test of eligibility and whether the applicant is homeless or threatened with homelessness within 56 days 2 STAGE 2 The prevention stage – to take reasonable steps to help the applicant from losing accommodation. If fails then; STAGE 3 3 The relief of homelessness stage – to take reasonable steps to help the applicant find somewhere else to live. If fails then 4 STAGE 4 The final main duty owed for those in priority need and not intentionally homeless
Why the HRACT is better A Council is required to take a homeless application far earlier (56 day risk of homelessness). This increases the chances of that early help being successful. If someone is homeless or threatened with homelessness there is a duty to provide real help – ‘the reasonable steps’ – real help that is ‘blind’ to whether they are or may be owed a main duty The right to real help must be set out in a personal plan that has been developed to reflect that applicant’s needs and circumstances A family or individual can only be intentional homeless if the duty to help them find somewhere to live fails The extra rights are balanced by understanding that although the response to homelessness would best be long term social housing this is not realistic given the housing pressures Therefore any suitable accommodation secured of any tenure with a reasonable prospect of being available for 6 months or more ends the Council’s duties Non cooperation with the help provided has a consequence as does refusing suitable accommodation made to resolve homelessness
New duty for named public authorities to refer Duty from October 2018 that if a named public authority is dealing with a person who may be homeless or at risk of homelessness they must seek their consent to refer the case to an authority of the person’s choice Likely to be – the police, hospitals, GPs, probation, schools, colleges, Adult social Care, Children Services Will not be Housing Associations No national web based referral system: The procedure for referrals should be decided by service partners in each local area Housing authorities are responsible for setting up local procedures for managing referrals It is recommended that housing authorities set up a single point of contact which public authorities can use for submitting referrals Local procedures should be tailored to each public authority
The Process
Information for Young People
Presentation by Young person Young people may present as “Homeless” for a number of underlying reasons and may present to a variety of places, (Gateway, Local Housing Office, Youth Hubs, SCS offices). First Contact – Key questions: How long have they not been living at their normal place of residence? What are the reasons for them not living there now? What has led them to presenting now? How long can they stay in their current accommodation? Do parent(s) / carer(s) know that they have presented? First Contact to discuss with Family – No significant Safeguarding concerns. Mediation may be able to return home with minimum intervention. If clear safeguarding concerns or attempts to return home unsuccessful then refer into CDT
Place into TA (not B&B) JHA (within 3 days) Not successful First contact with SCS / E Help & confirmed as homeless First contact with LHA & confirmed as homeless Place into TA (not B&B) Referral to CDT Referral to CDT JHA (within 3 days) Not successful Not successful Explore prevention and alternative accommodation (including AST / E Help interventions) Explore prevention & alternative accommodation Outcome of JHA Duty owed under S 17 but not S 20 (i.e. young person returns home with support) Duty owed under S17 and S 20 applies, and YP accepts accommodation provided by SCS No S 17 or S 20 duties owed Duty owed under S17 but not S 20 due to y person refusal of S 20 Found to be intentionally homeless Part VII Assessment carried out Homeless Application accepted
MHCLG Roundtable Discussion Joint Statutory Guidance on 16/17 Year Olds under HRA 2017
Background to the discussion Roundtable session to discussion the joint MHCLG and DfE Guidance on the provision of accommodation 16/17 at risk of homelessness. Attendance from LHA’s DfE, Upper Tiers, Children’s Charities & Shelter Guidance will be jointly issued by the MHCLG & DfE as a stand alone document. Group looked to share views, raise concerns and questions and things that may need to be considered. Key questions that were considered: What do you think the implications of the changes to homelessness legislation will have for joint working between housing and children’s services What approach should the guidance should take relating to the respective responsibilities under the prevention/relief duties Other area’s of guidance that should be changed other than the HRA 2017
Outcomes – Duty to Refer Further work needs to be developed to establish how this will work alongside the Children’s Act Concern around how this will work – should not be referred when the duty lies with Children’s Services (Prevention & relief stage needs to be looked at separately) Although already set out in existing guidance, it needs to be explicit that the Children’s Act takes precedence over the Housing Act. Guidance should seek to resolve the issue of some organisations not accepting their duties towards 16/17 year olds. Acknowledges that in some areas, young people are still being bounced between children’s services and LA’s The use of pathways is positive and the legislation will reinforce them Concern that the YP might approach other agencies/organisations for housing support that are not aware of their duties. LHA’s must refer to Children’s Services when a housing application has been triggered.
Outcomes - Prevention/Relief The process of dealing with YP at the relief stage is a lot clearer and there will need to be clearer guidance on how they deal with YP throughout the prevention stage. There needs to be more focus on services that are working on prevention and the guidance needs to make clear the importance of joint working and involving other agencies as appropriate This should be led by children’s services (which will address any safeguarding issues), but the guidance should set out how they should work with the necessary organisations and authorities. Need clear information on when then the Housing LA will be able to discharge their duty towards the YP. Draw out the role of ‘early help’ in the prevention stage and the interplay with this and the Child in Need assessment There needs to be clarification on the timelines and timeliness of delivering responsibilities for local housing authorities and children’s services. The duty of relief may be potentially damaging to the private rental market locally as housing authorities look to discharge their duties in this market. Any further increase in prices and availability may have a negative impact on children’s services that are looking for sufficiency for children in care and care leavers, and to place UASC under the National Transfer Scheme.
Outcomes – Other Short-term accommodation Assessments Interim/emergency accommodation such as crash pads should be provided to YP, where necessary whilst the preventative work is carried out to enable the YP to return safely to parents or family. Emergency accommodation can provide respite for YP during the prevention stage There needs to be clarification on what acceptable temporary accommodation is (Ofsted have criticised the use of self contained and shared TA unless it’s supported housing which is appropriate for YP needs) and the timeframes for remaining in TA. This should build on existing guidance that B&Bs are not suitable, and where similar rules might be applicable to shared or self-contained accommodation. Assessments A ‘child in need assessment’ must always be completed for any YP who are homeless or at risk of homelessness within 56 days of homelessness The guidance should include explicit information on the assessments; who is responsible and whose expertise should be drawn in to aid the assessments. When would the Children Act assessment be carried out during the prevention duty or do you wait for the relief duty? General view is that the referral at prevention stage should trigger a Child in need assessment
Outcomes – Other Advocacy Need a person centred approach that asks what the YP wants There needs to be a focus on advocacy for YP engaging with services Deliberate and unreasonable failure to co-operate A high threshold for ending the duty on this basis is needed with guidance setting this out in terms of sign off. The guidance also needs to be clear that where no duty is owed by Housing for whatever reason, then a referral to Children’s Services must be made to ensure the YP is not ‘lost’ and Children’s Services pick them up Other matters: There will still need to be a ‘child in need plan’ for YP who do not wish to be looked after
Workshop Session Work as a group to identify the challenges post HRA 2017 and work together to identify solutions