Common use of Children Act 1989 Clause in Contracts

Children Act 1989. 17-year old’s refusal of an offer of s.20 accommodation must be an “informed” decision, i.e. they must be aware of the potential consequences of acceptance and refusal. Good practice requires that competent young people who refuse to be “looked after” should receive a written acknowledgement of their decision, outlining the advice that has been given. This will be done by the member of Next Steps staff working with the young person which will provide an “audit trail” and will be shared, e.g. with the Housing Options Team. Some young people may lack the competence to make such a decision, and in a few of these cases a “best interests decision” under the Mental Capacity Act 2005 may be appropriate. Mental Capacity Act 2005 Children’s Services staff who are unfamiliar with this legislation are expected to seek legal advice in these situations. Young people who refuse accommodation, or are not owed a duty under s.20, may be advised to apply to the housing authority, in this case the Housing Options Team, for assistance under Part 7 of the Housing Act 1996. It is in the young person’s best interests that TfC and the Housing Options Team work together. It should also be noted that the refusal of s.20 accommodation does not make a young person “intentionally homeless” (not even in cases where the young person was accommodated whilst the Pathways Team completed an assessment). The Housing Options Team will consider each young person on their individual circumstances. Plans must be put into place to meet other needs in all circumstances – including when accommodation needs are not met by Together for Children. Most young people who are looked after under s20 are not entitled to claim benefits and as such Together for Children will pay the equivalent income maintenance amount of £57.90 each week. However, there are notable exceptions to this: Lone parents Disabled young people Young people who are unable to work due to incapacity Carers Young people falling into any of these groups should be able to claim benefits (including Housing Benefit) as usual. Young people who are being assisted under s17 only should retain their normal benefit entitlements. Transition from Leaving Care to Housing Services via Allocations Route: If the young person has been identified by TfC as ready to move on from supported accommodation, TfC will complete a housing register application with the young person at the earliest opportunity and submit this along with a copy of their care plan and a financial assessment to the Housing Allocations team. The young person will then be given reasonable preference (extra priority) and placed into a priority band. TfC will work with the young person to ensure they are actively bidding for suitable properties within the specified timescales. The young person will be placed in a priority banding for 12 weeks and can bid for up to 5 properties weekly. The Housing Options Team run a report at week 3, 7 and 11 and if the young person has not been actively bidding their Personal Advisor will be advised that that may result in the young person losing their priority. A joint protocol should cover arrangements for achieving planned, supportive transitions to independent living; identifying homelessness risk early and acting to prevent it, and providing a quick, safe, joined up response for care leavers who do become homeless. Homeless Route: Eviction is always a last resort for young people in supported accommodation. All supported accommodation providers have robust pre eviction procedures but if a Young Person is evicted from supported accommodation and is homeless or threatened with homelessness within 56 days TfC will complete a duty to refer Duty to Refer application and send it to the Housing Options team along with the young person’s care plan and financial assessment and they will be placed into a relief or prevention duty in line with the HRA. Where a young person is approaching their 18th birthday and has presenting eligible Adult Social Care needs, identified by TfC, the assessment information for the young person is shared at the Transition Management Group where case discussion takes place and an appropriate way forward is identified. An adult Social Worker is allocated to work jointly on the case at the earliest opportunity following the child’s 17th birthday. The main priority is to prevent homelessness among 16 – 17 year olds. The following steps are taken to prevent as much homelessness as possible: Home visits are undertaken on the same day where a young person is being asked to leave the family home with the aim of keeping the young person in the family home with either additional support or to agree a planned move at a later date. Young people can complete a housing register application while remaining at home so a planned move can be managed at a later date. Robust evictions policy are in place at supported accommodation provision and evictions can only happen with the agreement of the weekly accommodation panel. The Council and Shelter can provide housing advice to young people about the responsibilities of being a tenant, financial and benefit implications of being a tenant or living in supported accommodation.

Children Act 1989. 17-year old’s old‟s refusal of an offer of s.20 accommodation must be an “informed” decision, i.e. they must be aware of the potential consequences of acceptance and refusal. Good practice requires that competent young people who refuse to be “looked after” should receive a written acknowledgement of their decision, outlining the advice that has been given. This will be done by the member of Next Steps staff working with the young person which will provide an “audit trail” and will be shared, e.g. with the Housing Options Team. Some young people may lack the competence to make such a decision, and in a few of these cases a “best interests decision” under the Mental Capacity Act 2005 may be appropriate. Mental Capacity Act 2005 Children’s Children‟s Services staff who are unfamiliar with this legislation are expected to seek legal advice in these situations. Young people who refuse accommodation, or are not owed a duty under s.20, may be advised to apply to the housing authority, in this case the Housing Options Team, for assistance under Part 7 of the Housing Act 1996. It is in the young person’s person‟s best interests that TfC and the Housing Options Team work together. It should also be noted that the refusal of s.20 accommodation does not make a young person “intentionally homeless” (not even in cases where the young person was accommodated whilst the Pathways Team completed an assessment). The Housing Options Team will consider each young person on their individual circumstances. Plans must be put into place to meet other needs in all circumstances – including when accommodation needs are not met by Together for Children. Most young people who are looked after under s20 are not entitled to claim benefits and as such Together for Children will pay the equivalent income maintenance amount of £57.90 each week. However, there are notable exceptions to this:  Lone parents  Disabled young people  Young people who are unable to work due to incapacity  Carers Young people falling into any of these groups should be able to claim benefits (including Housing Benefit) as usual. Young people who are being assisted under s17 only should retain their normal benefit entitlements. Transition from Leaving Care to Housing Services via  Allocations Route (planned transition)  Relief/prevention route under HRA. Allocations Route: If the young person has been identified by TfC as ready to move on from onto supported accommodation, TfC will complete a housing register application with the young person at the earliest opportunity and submit this along with a copy of their care plan and a financial assessment to the Housing Allocations team. The young person will then be given reasonable preference (extra priority) and placed into a priority band. TfC will work with the young person to ensure they are actively bidding for suitable properties within the specified timescales. The young person will be placed in a priority banding for 12 weeks and can bid for up to 5 properties weekly. The Housing Options Team run a report at week 3, 7 and 11 and if the young person has not been actively bidding their Personal Advisor will be advised that that may result in the young person losing their priority. A joint protocol should cover arrangements for achieving planned, supportive transitions to independent living; identifying homelessness risk early and acting to prevent it, and providing a quick, safe, joined up response for care leavers who do become homeless. Homeless Route: Eviction is always a last resort for young people in supported accommodation. All supported accommodation providers have robust pre eviction procedures but if a Young Person is evicted from supported accommodation and is homeless or threatened with homelessness within 56 days TfC will complete a duty to refer Duty to Refer application and send it to the Housing Options team along with the young person’s care plan and financial assessment and they will be placed into a relief or prevention duty in line with the HRA. Where a young person is approaching their 18th birthday and has presenting eligible Adult Social Care needs, identified by TfC, the assessment information for the young person is shared at the Transition Management Group where case discussion takes place and an appropriate way forward is identified. An adult Social Worker is allocated to work jointly on the case at the earliest opportunity following the child’s 17th birthday. The main priority is to prevent homelessness among 16 – 17 year olds. The following steps are taken to prevent as much homelessness as possible: Home visits are undertaken on the same day where a young person is being asked to leave the family home with the aim of keeping the young person in the family home with either additional support or to agree a planned move at a later date. Young people can complete a housing register application while remaining at home so a planned move can be managed at a later date. Robust evictions policy are in place at supported accommodation provision and evictions can only happen with the agreement of the weekly accommodation panel. The Council and Shelter can provide housing advice to young people about the responsibilities of being a tenant, financial and benefit implications of being a tenant or living in supported accommodation.