• The Role of YOTs

• Housing Options for Young People

• Leaving Custody or Secure Accommodation

• Supporting People

• Legislation and Responsibilities

• The Role of an Accommodation Officer

• Developing a Local Accommodation Strategy

• Working with local partners

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Accommodation

Legislation and Responsibilities

This section outlines the main provisions of the relevant legislation governing the statutory re-housing responsibilities in respect of young people and provides links to the legislation. It provides guidance on interpreting the legislation and challenging inappropriate decisions made by local authorities and social services. All legislation applies to both England and Wales, unless otherwise stated.

Further information on homelessness and homelessness training can be found at www.shelter.org.uk and www.cih.org/training [links open in new window].

• The Housing Act 1996, part VI and part VII
  
  • Sets out the main rules for the allocation of social housing and making and assessing homeless applications
• The Homelessness Act 2002
  
  • Amends the Housing Act 1996 and extends the priority need categories
    
  • Sets out the local housing authorities duties in respect of homelessness reviews and generating homelessness strategies
• The Children Act 1989
  
  • Sets out local authorities’ duties towards vulnerable children in need
• The Children (Leaving Care ) Act 2000
  
  • Sets out local authorities’ powers and duties of towards young people leaving care
• National Assistance Act 1948
  • A long-standing piece of legislation that may be useful for securing social services resources for young people aged over 18 who are destitute.

England only legislation

• Homelessness Code of Guidance
  • A guidance document designed to assist local authorities in their interpretation of housing legislation.

Wales only legislation

• National Homelessness Strategy for Wales [opns in new window]
  • Presents objectives and commitments to reduce homelessness, with an emphasis on prevention and joint-working. 
    
• Homelessness (Suitability of Accommodation) (Wales) Order 2006
  • Supports the National Homelessness Strategy for Wales and meets the Welsh Assembly Government’s commitment to restrict the use of bed-and-breakfast for homeless people and to raise standards in temporary accommodation - click for a summary and timetable for implementation
    
• The Homeless Persons (Priority Need) (Wales) Order 2001
  • Sets out descriptions of persons who are in priority need and also gives the National Assembly for Wales power to specify further descriptions to meet local housing authorities’ duty to provide accommodation to those who are homeless, eligible for assistance, and in priority need under the Housing Act 1996
    
• The Homelessness Code of Guidance for Wales is currently being revised.

Responsibility relating to age and care status

The responsibility for accommodating a young person will depend on their age and care status. Broadly speaking the law is as follows:

• Under-16s
  The Children’s Act 1989 places clear responsibility for this group with social services and they must provide accommodation under section 20 of the Act, or apply for a care order under section 31 if preventative services fail and a young person becomes homeless.
  
• 16 to 17-year-olds
  Responsibility for this group of young people is less clearly defined but the general rules are as follows:
  
  • All 16 to 17-year-olds are entitled to a child in need assessment under section 17 of the Children’s Act 1989.
    
  • Under section 20 of the Children’s Act, social services may provide accommodation for any young person deemed to be a child in need in accordance with section 17.
    
  • Eligible or relevant children as defined by the Children (Leaving Care) Act 2000 are the responsibility of social services until they reach the age of 18.
    
  • Any homeless 16 to 17-year-old who falls outside the Children (Leaving Care) Act who is not deemed to be a vulnerable child in need under the Children’s Act 1989 will have a priority need under the terms of the Housing Act 1996 as amended by the Homeless Act 2002 and the Priority Needs Order 2001 and, as such, is the responsibility of the local housing authority.
• Over-18s
  Young people over the age of 18 have no statutory entitlement to housing, but may be eligible for assistance from the local housing authority, if they can prove they are homeless and vulnerable, and therefore in priority need in accordance with the terms of the Housing Act 1996. They may be eligible for assistance from social services if they are able to prove they are destitute under the terms of the National Assistance Act 1948.