2.5 Protocol for Joint Assessment of Homeless 16 and 17 year olds by Housing and Family Services

The aim of this protocol is:

• To provide a process for a clear assessment of a young person’s needs;
• To ensure that young people experience a “seamless” service with both Housing and Family Services working together;
• To ensure that vulnerable young people aged 16 and 17 are not passed from one department to another without their needs being assessed and responded to appropriately.

Children Act 1989 Section 17 (1) -

Children Act 1989 gives Family Services the duty to assess the needs of children under 18 years old in their area and to make provision   to meet these. “It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part) -

1. To safeguard and promote the welfare of children within their area who are in need; and
2. So far as is consistent with that duty, to promote the upbringing of such children by their families,

by providing a range and level of services appropriate to those children’s needs.”

Children (Leaving Care) Act 2000

The above act imposes new duties on the Family Services Directorate, to assist care leavers until they are 21 (and beyond in some cases). Children will either remain looked after until they are 18 or, if they cease to be Looked After aged 16 or 17, Family and Children’s services will be under a duty to maintain and or provide suitable accommodation, or provide support to the young person (unless the local authority is satisfied that the young person’s welfare does not require it). Such a 16 to 18 year old is known as a “Relevant Child”. Such young people are not entitled to benefits. It is assumed that Family Services will make any necessary arrangements for these young people although there may be occasions when advice is sought from HPU because of their knowledge concerning available accommodation.

Local authorities must provide all those in care, and leaving care, from 16 to 21 with a personal adviser. The needs of a care leaver must be assessed and a Pathway Plan prepared which maps out care leaver’s route to independence. This plan is drawn up with the young person when they are 16. It will set out milestones including the planned date for leaving care and where and how the young person will live thereafter. It will set out the support that the authority will provide at all stages.

However there will be some 16 and 17 year olds that do not qualify as relevant children. How these young people will be assessed, is outlined below.

The Housing Act 1997 Part VII

Housing Act 1996 Part VI

This legislation governs the way in which local housing authorities let their properties and allows them within the boundaries of the Act to set their own priorities.

Housing Act 1996 Part VII & as amended by Homelessness Act 2002

This legislation defines homelessness and the Council's duty to those who are in a priority need category and unintentionally homeless.

Young people aged between 16 & 17 are in a priority need category (unless they are relevant children).  This included asylum seekers with leave to remain.

Care leavers up to age 21 may have a priority need if they are vulnerable as a result of being in care.

Young offenders who have been in custody may also fall into this vulnerable category.

People with an enduring physical or mental illness may also be vulnerable as a result and in a priority need category.

The term vulnerability is defined by homelessness case law and is determined by assessment.

Homelessness

Homelessness is when the loss of accommodation has already occurred or will occur within 28 days.

Young people aged 16 & 17 are in a priority need category if they are homeless.

The local housing authority has a duty to assess all claims of homelessness and priority need. In some cases there is a duty to provide interim accommodation until the outcome of the assessment is known.

The full duty to permanently re-house occurs when someone is unintentionally homeless and in a priority need category.

The assessment will take place with the young person’s parent or carer unless it is not appropriate, e.g. where the young person is alleging abuse. It is important in the initial interview to establish why the young person is homeless and whether there are any risks to the young person if they remain at home.  Even in situations where there are risks, these might best be managed with support being provided to the young person rather than their removal from the parental home. This is a crucial point in the process. It is important to take a robust approach, challenging parents who have simply tired of caring for their young person or young people who simply wish for their own flat. It may be necessary to test out if the young person is genuinely sleeping rough, though this is usually apparent by his/her presentation, cleanliness etc.

The duty social worker will need to confirm that the young person has a safe, secure, place to stay that night.  The onus is on the young person to provide as much information as possible to the duty social worker to allow them to investigate any claim made that they have nowhere to stay. If the young person has provided the contact details for their parent/guardian and it is not possible to reach them for some reason the duty social worker will need to make a decision about the immediate provision of accommodation based on the information available to them.  In exceptional circumstances it may be necessary to provide accommodation for a young person even though it has not been possible to contact their parents or carers. In these situations the young person is to be provided with overnight accommodation, pending the locality team making contact with parents or carers the next working day.

The outcome of assessment may be:

• That the young person is able to return home immediately. If so they should be supported to return to their family;
• That the young person is unable to return home immediately but can stay with a relative. If so the parent and the child should be encouraged to organise this option for themselves. If this is not going to be a permanent arrangement a hostel referral will need to be made if this has not already been done;
• That from initial assessment, the young person is unable to return home immediately due to risk and that a full needs assessment be completed to determine vulnerability.

Joint Assessment

If a young person is unable to return home, then Family Services must provide accommodation for them and to undertake a thorough assessment of the young person’s needs. The young person will initially be offered accommodation in a B&B, hotel or hostel for a maximum of 6 weeks whilst the assessment of their needs is undertaken.  It is likely that the assessment will take less than six weeks particularly where a young person is already known to Family Services but it is not acceptable to make a quick assessment without verifying information and getting to know the young person and their abilities.

The assessment should elicit the following information as this will determine the young person’s vulnerability (See paragraph 2.5):

• Lack of 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;
• A family background that required Family 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 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 as arsonists (suspected or otherwise) cannot be placed in a B+B.

The assessment should determine that the young person has the following:

• Ability to claim benefits (i.e. that they have their own ID, National Insurance Number);
• Ability to deal with other residents in the B&B/hotel/hostel environment;
• Ability to keep to the rules within the B&B/hotel/hostel;
• Ability to pay H.P.U. rent top-up out of their income;
• Ability to protect himself or herself from risk of abuse or prostitution.

During this assessment the necessary information will be elicited to determine why the young person is now homeless.

The assessment may indicate that the young person has lost their accommodation through:

• 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.

These circumstances may lead to a negative decision on their homeless application from the HPU.  This is because they may be deemed to have made themselves intentionally homeless:

“ ...... A person becomes homeless intentionally if he/she deliberately does or fails to do something in consequence of which he/she ceases to occupy            accommodation that is available for occupation and would have been reasonable for him/her to continue to occupy............”  (Housing Act 1996)

During the six-week assessment, discussions will take place between Family Services and Housing. This will determine whether the young person is vulnerable and capable of independent living. It is essential to conduct a discussion and to arrive at a conclusion about the young person’s vulnerability, their ability to manage independently and whether or not they are intentionally homeless. This can take place at any point where there is sufficient information about the young person during the assessment period but must be agreed between the responsible social worker and the housing adviser before the six-week period expires. In the event of there being disagreement between the two workers involved, a discussion needs to take place between the relevant Head of Service and the Housing Options Manager in  HPU. The outcome may be one of the following:

• The young person can return to a parent or live with a relative indefinitely;
• The young person can remain or return home whilst they wait for a hostel place;
• The young person does not have the skills to live independently and will require on-going support from Family Services;
• The young person is deemed intentionally homeless in which case they will be given advice and assistance to find their own accommodation or access hostel accommodation;
• The young person is vulnerable and homeless but able to manage independent living in which case they will be assisted to make a formal application to the Homeless Persons’ Unit so that they can access temporary accommodation (pending a hostel vacancy).

Homeless Persons Unit

If it is agreed that an application under Part VII of the Housing Act 1996 needs to taken by the Homeless Person’s Unit, the young person needs to be able to provide the following documents to HPU in order to do a homeless application:

• Identification (must be original birth certificate, passport or Home Office documents);
• National Insurance Number;
• Proof of Income (Wage slips/Benefit books/Bank Statements/Savings Accounts, Letter confirming training allowance, or subsistence).

The social worker will need to send a copy of the ICS Assessment, along with a cover sheet (Appendix One) to the Young Person’s Advisor.  This can be faxed 0207 361 3718, posted (Homeless Person's Unit, Kensington Town Hall, Hornton Street W8 7NX) or emailed (houwth@rbkc.gov.uk).  The young person will be contacted so that an appointment can be made with them at the housing department. 

The Homeless Person’s Unit cannot take over any B+B housing costs until the complete referral has been received and a homeless application taken as a result.

In the event of the young person either being declared intentionally homeless or proving to be uncooperative with the assessment, the young person should be assisted to seek advice at one of the following centres:

Threshold Housing Advice Centre:

T: 0208 749 2925

126 Uxbridge Road
W12 8AA

Shelter  

T: 0808800 4444 (Freephone) (general information only)

London Connection at St. Martin

T: 0207 766 5544

12 Adelaide Street London
WC2N 4HW

T: 0207 766 5550 (Young person’s Day Centre)

Alone in London 

T: 0207 278 4224/ 0207 841 3730

188 King’s Cross Road
London
WC1X 9DE

Current Address and Telephone Number

With whom (if not a B+B)

The assessment will involve discussing all of the following:

• The young person’s support network from family or friends;
• Whether the young person has a history of being looked after but not eligible for assistance under the Leaving Care Act;
• Whether the young person has a history of street homelessness;
• Whether the young person’s family background required Family Services intervention;
• Is there a likelihood of drug, solvent or alcohol abuse or prostitution;
• Does the young person have a learning disability or special educational needs;
• Is there or has there been any criminal activity;
• Is the young person violent or from a disturbed background;
• The young person’s social awareness and life skills.

During a six week period the assessment will determine whether the young person has the following skills:

• Ability to claim Housing Benefit, and income replacement benefits if they are not working or receiving a training allowance.  They do not have the ability to do this if they do not have their national insurance number and their own identification documents;
• Ability to deal with other residents in the B&B/hotel/hostel;
• Ability to keep to the rules within the B&B/hotel/hostel;
• Ability to pay H.P.U. top up out of their income;
• Ability to protect himself or herself from risk of abuse or prostitution.

During the assessment it may become clear that the young person has made himself or herself homeless. A young person may lose their accommodation through;

• Rent arrears;
• Noise nuisance or anti-social behaviour in and around their caregiver’s property;
• Abandoning accommodation that was available for their occupation, which was reasonable for them to remain in;
• Breaking their tenancy or license agreement;
• Regularly engaging in criminal activities.

They need to be advised that although they can be referred to the Homeless Person’s Unit they are likely to be found to be intentionally homeless.

The young person has the right to request a review of the decision of “intentional homelessness” issued by the Homeless Person’s Unit, and this will be determined within 56 days. During this period the temporary accommodation will be withdrawn. If this is the case, the assessment will end and the young person will be advised about finding their own accommodation.

Expectations of the Young Person

• (Young person) will cooperate with the assessment process, including keeping appointments and working with the social worker/family support worker allocated to him;
• (Young person) will take part in the mediation process and attend the agreed appointments;
• (Young person) will respect the feelings and needs of other residents in the B&B/hotel/hostel;
• (Young person) will make efforts to (attend education/seek employment etc. depending on circumstances. Add conditions which must be kept to);
• (Young person) will claim job seekers allowance or income support, if s/he is entitled to this;
• (Young person) will manage within the budget allocated to him/her or  within his/her benefits;
• (Young person) will accept advice about shopping. Cooking and eating a healthy diet;
• (Young person) will attend such medical and dental appointments as required and register with a local GP if necessary;
• (Young person) must attend meetings with his YOT worker/social worker/family support worker as required.

Expectations of Housing and Family Services

• To allocate a social worker or family support worker to support  and assess (young person’s) ability to manage independently;
• To meet no less than weekly with (young person);
• To carry out an assessment of (young person’s) needs to see if s/he needs housing, is or is not vulnerable and whether s/he is capable of living independently;
• To provide assistance to (young person) with making necessary appointments with the Job Centre, doctors and college etc.;
• To provide advice about budgeting;
• To provide advice and assistance with shopping, cooking and life skills in general;
• For Housing and Family Services staff to liaise closely throughout the assessment and to come to a decision about the (young person’s) housing needs and how these will be met;
• To assist (young person)  to make other arrangements should s/he not prove to be eligible for housing or if s/he is considered to have made themselves homeless;
• To provide funding of per week for subsistence (suggested amount is the equivalent of whatever the young person is entitled to receive in Jobseeker’s Allowance or Income Support payments);
• To assist (young person) in maintaining contact with parents and relatives (as appropriate). It is possible to book further mediation sessions with Alone in London if this will facilitate the maintenance of the relationship;
• Outside office hours, the Emergency Duty Team will provide advice as necessary.