There are concerns about young people in custody being able to access housing on release. In particular, there are two common problems:
- local authorities refusing to take a homelessness application prior to release from custody and insisting on face-to-face interviews with the young person on the day of release or after
- local authorities refusing same-day assessments or homeless interviews for young people who present as homeless on the day of release.
These problems occur frequently despite the homelessness legislation stating quite clearly that an applicant may make a homelessness application either when they are homeless or when they are threatened with homelessness within 28 days. This means that a young person who is due to leave custody without accommodation can make a homeless application to the local authority 28 days prior to their release.
The law is equally clear on the fact that there is no standard format for making a homeless application. A phone call, letter, or even a housing assessment by a YOT worker can trigger a homelessness application and local authorities should not insist on an interview before commencing their enquiries
Despite the legislation, some young people leave the secure establishment without knowing where they will spend their first night. This generates a great deal of uncertainty and worry, particularly where the young person has not lived independently before. Additionally, the lack of an address may mean missing out on early release, since a condition of early release will be the provision of an address.
From the very beginning of a young person’s time in custody, YOT supervising officers, together with secure estate staff, Connexions personal advisers and other key staff should begin planning for release and resettlement. This process should be led by the YOT and it is their responsibility to secure the involvement of the local housing authority or registered social landlord where housing is required.
It is vital to act on information that emerges at the first planning meeting and to contact housing authorities or providers at the earliest opportunity to preserve existing accommodation links to home, to make arrangements to terminate a tenancy and to make alternative arrangements for accommodation on release.
In developing working practices with housing authorities and providers, YOTs should consider the following options:
- Release on temporary licence
The targeted use of release on temporary licence provides opportunities for young people to attend interviews or view a property. If arrangements can be made in advance, this will improve the resettlement process
- Developing housing services within the custodial setting
The provision of housing services within custodial settings can be achieved in a number of ways:
- outreach visits by the local housing authority and/or registered social landlords (particularly where significant numbers of young people come from the same area)
- establishment of a housing advice service within individual establishments (this is already happening in some YOIs)
- attendance of housing representatives at review meetings
- development of protocols between the YOT, the secure estate and local housing authorities
- interviews in other YOTs/probation premises.
Surveillance
Tagging or other surveillance equipment may need to be installed in accommodation and a responsible householder will need to agree to this. YOTs should ensure that housing providers understand the implications and benefits of surveillance, and encourage acceptance. Supporting People guidance encourages providers to assist these requirements, stating:
Bricks and mortar schemes offering housing as well as support should allow the setting up of electronic tagging arrangements in their premises.
If a young person is unable to comply with a court requirement to wear a tag because the provider refuses to allow the necessary surveillance equipment to be installed, the accommodation is unlikely to be deemed ‘suitable’ under the homelessness legislation.
In these situations, local authorities may need to look for alternative accommodation or work with the YOT to persuade the provider to accept the tagging requirements. YOTs should alert housing providers/local housing authorities to the possibility of a young person being tagged on release at the earliest opportunity and not wait until release.
Moving to another area
There will always be occasions where there is a pressing need for a young person to settle away from their previous home on release from custody, either because of risk of harm to themselves, or to others, or because the provision they require is not available in the local area.
The Supporting People programme requires all local authorities to make cross-authority provision for support services. YOTs must ensure that cross-authority Supporting People arrangements cater for the specific needs of young offenders leaving custody and that access to housing is not denied because of ‘local connection’ policies or funding disputes between Supporting People teams or between social service authorities.
Neighbouring YOTs or regional clusters should work together with providers who have schemes throughout the region, to deal with cases where young people need to move to a different area. Similarly, some local housing authorities operate reciprocal housing agreements. Where reciprocal arrangements are not in place YOTs should seek to explore the potential for developing them.