This page is targeted at housing professionals. Our main site is at www.shelter.org.uk

Accommodation under section 17

This content applies to England

Under section 17 of the Children Act 1989, social services have a general duty to safeguard and promote the welfare of children in need in their area.

Section 17 can be used to assist homeless children together with their families. Social services can provide accommodation for a whole family under section 17.

Children in need

For details of the definition and assessment of a child in need, see Children in need. The duty to safeguard and promote the welfare of a child in need applies to a child who is present in the local authority's area –  there is no requirement for that child to be ordinarily resident.[1]

Powers under section 17

In carrying out their functions under section 17, social services have the power to provide financial assistance and accommodation.[2] This could, for example, help a young person access accommodation by paying a deposit and rent in advance, or to enable her/him to meet any rent shortfall after housing benefit.

The power to provide accommodation under section 17 often concerns homeless children needing to be accommodated with their families, for example after a finding of intentional homelessness. See the page Families with children for more on this.

However, it could arise in the case of homeless 16- or 17-year-olds who were found to be competent to care for themselves and did not wish to be accommodated under section 20, or unaccompanied asylum-seeking children who did not want to be 'looked after' by social services.

Suitability of accommodation provided under section 17

Guidance for local authorities states that accommodation provided under section 17 must be suitable for the children and families it is intended for.[3] The guidance suggests that social services consider referring to the chapter on suitability in the Homelessness Code of Guidance, and to work closely with housing departments. Social services must have regard to this guidance. See Suitability of accommodation for more information on the factors, such as location and affordability, that are relevant to suitability.

Social services will need to carry out an assessment of the needs of the child and their family so that they can ensure accommodation offered is suitable. It is important that social services takes into account the views of experts and specialists who may be able to contribute to the assessment process. In one case, a medical report from a Trauma and Psychosocial expert persuaded social services to revise its children and families assessment so that instead of deciding to seek accommodation for a mother and her two young children at a considerable distance (up to three or four hours journey time) from her support network and her children's schools, they would instead look for 'suitable, affordable and sustainable property within a reasonable commute of 60 minutes journey time from maternal grandparents...within London'. The authority stressed that the 'reasonableness' of the commute would take account not just of time but also of its affordability and complexity.[4]

Where accommodation is considered unsuitable, it may be challenged through judicial review.

Providing section 17 services to a child outside the authority's area

Social services' power under section 17 to provide services to a child it has assessed as being 'in need' extends to providing services even when the child is outside its own area –  this power may be particularly applicable to Gypsy and Traveller families.[5]

Persons subject to immigration control

Assistance under section 17 of the Children Act 1989 cannot be provided to a person (other than to an asylum seeker in limited circumstances) who is in the UK in breach of immigration control unless refusal to assist the family would contravene that person's human rights.[6] However, an authority cannot refuse to offer assistance under the Children Act pending a Home Office decision on indefinite leave to remain or on an appeal against removal directions if the person refuses to leave the UK voluntarily, unless the application/appeal was manifestly abusive or hopeless.[7]

For further information see the section Help for ineligible children and families.

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] s.17(1)(a) Children Act 1989.

[2] s.17(6) Children Act 1989.

[3] Local Authority Circular LAC (2003) 13.

[4] R (on the application of AE) v Brent LBC [2018] EWHC 2574 (Admin).

[5] R (on the application of J) v Worcestershire CC [2014] EWCA Civ 1518.

[6] Sch.3 Nationality, Immigration and Asylum Act 2002.

[7] R (on the application of Clue) v Birmingham CC [2010] EWCA Civ 460; R (on the application of Giwa) Lewisham LBC [2015] EWHC 1934 (Admin).

Back to top