Priority need of homeless 16 and 17 year olds
A young person aged 16 or 17 automatically has a priority need for accommodation when applying as homeless.
Priority need of 16 and 17 year olds
All 16 and 17 year olds who apply as homeless have a priority need unless they are either:[1]
a child in need the local authority has a duty to accommodate under section 20 of the Children Act 1989
a relevant child, who has previously spent time in care
Social services have a duty to provide accommodation and support to someone who is either a child in need or a relevant child. Most homeless 16 or 17 year olds will come under one of these categories.
Any duty owed to homeless 16 and 17 year olds under the Children Act 1989 takes precedence over the duties under a homeless application.[2] If social services do not have a duty towards a 16 or 17 year old, then they have a priority need. This might be the case because the person:
has not yet approached social services
wants to make a homeless application instead of getting help from social services
A child in need owed a duty under section 20
Most homeless 16 or 17 year olds meet the definition of a child in need.[3] A child is defined as in need if:[4]
they are unlikely to achieve or maintain a reasonable standard of health or development without the provision of services by a local authority
their health or development is likely to be significantly impaired, or further impaired, without the provision of such services
they are disabled
Duty to provide accommodation
Social services authorities have a duty to provide accommodation for a child in need if either:[5]
the child's welfare is likely to be seriously prejudiced if they are not provided with accommodation
the child has no parents or carer
the parents or carer are unable or unwilling to provide accommodation
Young homeless people are likely to have needs other than accommodation, for example for financial or practical support. Social services should assess what other support the person requires.[6]
When a duty under section 20 arises
A duty under section 20 only arises if social services are involved. This is usually when a referral or approach has been made to social services by the housing department or another organisation.[7]
Where a 17 year old was accommodated by the housing department under a homeless application, and not referred to social services for assessment, the court found that a section 20 duty did not arise. This was the case even where it was clear to the court that the young person should have been referred and a section 20 duty would have arisen.[8]
Emergency accommodation from social services
When a 16 or 17 year old who has nowhere to stay asks social services for help, government guidance states social services must secure suitable emergency accommodation while their needs are assessed.[9]
Social services can request help from the housing authority under the Children Act 1989. For example, if they do not have immediate access to suitable accommodation in an emergency. The housing authority must respond to the request as long it is compatible with its own statutory duties and obligations, and does not unduly prejudice the discharge of its functions.[10] If the local authority fails to respond to the request, this can be challenged by judicial review.
A relevant child who has spent time in care
A relevant child is someone who:[11]
is aged 16 or 17
is no longer in care
was in care for a total of at least 13 weeks from the age of 14
was in care when aged 16 or 17
'In care' here means they were looked after by a local authority, under a care order or by voluntary agreement.[12] This includes accommodation provided under section 20 of the Children Act 1989. It does not include accommodation provided under section 17 of the Act. Section 17 gives social services the power to accommodate a child in need and is sometimes used to accommodate children together with their families.
A 16 or 17 year old is also a relevant child if they would have been in care on their 16th birthday, but they were detained in the criminal justice system, in hospital, or had returned home on a family placement that subsequently broke down.[13]
Social services authorities are responsible for providing accommodation and support for a relevant child.[14]
16 and 17 year olds who approach a local housing authority
A local housing authority must not simply refer homeless 16 or 17 year olds to social services. The authority must accept a homeless application if it has reason to believe that someone who approaches it might be homeless or at risk of homelessness within 56 days. This includes where the person is aged 16 or 17.
If the local authority has reason to believe that the person might be homeless, eligible for assistance and in priority need it must provide interim accommodation while carrying out inquiries. Unless the local authority knows that the a 16 or 17 year old is a relevant child, it has a reason to believe they have a priority need.[15]
Referrals to social services
Government guidance states that if a 16 or 17 year old is homeless or threatened with homelessness the housing authority should make a referral to social services straight away for an assessment under the Children Act.[16] The housing authority must continue to provide interim accommodation until the outcome of the assessment is known. If the housing authority decides the person does not have priority need because they are owed a duty by social services, it must notify the person of its decision.[17]
Housing and social services authorities, both in unitary or separate authorities, should have a joint-working protocol for assessing 16 and 17 year olds to prevent young people being passed between them.[18]TG, R (on the application of) v London Borough of Lambeth [19] EWCA Civ 526; para 8.23 Homelessness Code of Guidance, MHCLG, Feb 2018. ]
Young people forced to leave the parental home
Local housing authorities should work with young people and their families to try to resolve issues that have led to them becoming homeless. This should not delay assessment under the Children Act or a homeless application.[20] The Homelessness Code of Guidance for local authorities states that young people should only be supported to remain within the family network where it is safe and appropriate for them to do so.[21]
The Code of Guidance warns authorities to be aware of possible collusion where families may be taking advantage of the fact that 16 or 17 year olds are in priority need. It states that where there is no genuine basis for homelessness and the arrangement has been fabricated between parents and child, the person is intentionally homeless. Authorities must come to their own decisions as to whether collusion exists, and must not rely on hearsay or unfounded suspicions.[22]
Applications from someone about to turn 18
The local authority must decide if the person has a priority need at the date of its initial decision or a review decision if there is one. If a person turns 18 between applying and the decision being made, they might no longer have an automatic priority need. The authority would need to consider if they had a priority need for a different reason. For example if they were vulnerable as a result of being a young person.
A local authority cannot refuse or delay accepting a homeless application from a 17 year old who will soon turn 18.[23] An authority cannot postpone a decision about duties owed to a 17 year old applicant, for example while attempting mediation, where the effect of the delay would be that person no longer has a priority need.[24]
When carrying out an internal review, the local authority usually must consider the facts as they are at the time of the review.[25] Where a young person requests a review of a negative decision and they have turned 18 in the meantime, the authority cannot simply state that the person does not have a priority need at the date of the review decision. If the original decision was unlawful, the review decision should put the person in the position they would have been had the decision been lawful.[26]
16 and 17 year olds living with a household
Where a 16 or 17 year old makes a homeless application in their own name, any accommodation the local authority secures must be available for anyone who resides with them as a member of the family or is reasonably expected to reside with them.[27] This could include the person's parents and other family members.
In the case of a couple who usually live together where one person is under 18, the older partner would not have an automatic priority need as a result of the 16 or 17 year old. If the 16 or 17 year old partner made the application, they would have a priority need and the authority would have a duty to secure accommodation for them together.
If the person became homeless as a result of the actions of someone else in the household, the person applying is only intentionally homeless if they accepted or took part in those actions.
Last updated: 30 January 2023