Suitability of accommodation

What the law says about suitability of accommodation, and what action advisers can take when the council have offered a young homeless person unsuitable accommodation.

What the law says

Any accommodation offered to a young person by the local council when a young person makes a homelessness application must be suitable for them.

When is accommodation unsuitable?

Suitability is not strictly defined; however, the legislation and the Code of Guidance specify several matters that should be taken into account:

• whether the accommodation is affordable for the young person
• the needs and circumstances of the young person and anyone who will be living with them (any medical or physical needs, for example)
• the space and arrangement of the accommodation (if the accommodation is overcrowded, for example)
• the location of the accommodation
• health and safety considerations.

What types of accommodation may be unsuitable for young people?

The factors above mean that the following accommodation may be unsuitable for vulnerable young people:

• accommodation shared with other vulnerable people, for example drug users, because the young person may be vulnerable to exploitation or harassment
• accommodation that is located far away from the young person's school, college, work, or support network
• accommodation where the young person cannot access support, because most young people, especially 16- and 17-year-olds, will need a degree of support to help them to live independently and maintain their accommodation
• bed and breakfast accommodation, except as a last resort, because young people are likely to find it especially hard to cope in bed and breakfast.

How can I help?

Be prepared and realistic

It can be difficult for councils to provide accommodation that is suitable for young people, particularly in areas where there are housing shortages. You should be aware that it is therefore often difficult to advocate. Prioritise cases where the young person is particularly vulnerable, or the accommodation particularly unsuitable.

Young people can get upset if they feel that accommodation they have been offered is unsuitable; you can explain to them that accommodation is in short supply, and that it's a better option than sleeping on the streets.

Look into whether the accommodation can be made suitable

It may be possible for the council or another agency (for example, a housing association that provides a floating support service, or social services) to provide extra support or services (for example, a bus pass to help the young person get to college from their accommodation) that could make the accommodation more suitable. You can discuss this with the council or look into it yourself.

This may be especially relevant if the accommodation is interim accommodation, as this will usually be for a short period (a decision should normally be made within 33 days), and a formal challenge to the suitability of interim accommodation is more difficult than for other accommodation.

Challenge the suitability of accommodation

If it is not possible or practical to make the accommodation suitable, then you can look into challenging the suitability of the accommodation. The level of advocacy will depend on whether the council has made a decision on the homelessness application (see below).

When advocating, it is always a good idea to back up any claims you make about unsuitability with evidence, for example, a doctor's letter if the accommodation is unsuitable for medical reasons (see the top tip on gathering evidence for more information).

Challenge informally

If a decision on the homelessness application has not been made, the accommodation will be interim accommodation. A formal challenge of the suitability of interim accommodation is possible, but will be by way of judicial review, for which you will need to refer the young person to a solicitor (see the top tip on referring to a solicitor for more information).

However, before doing this, you can telephone or write informally to the council, pointing out that the accommodation needs to be suitable, detailing why the accommodation is unsuitable, and asking them to offer or move the young person to alternative accommodation.

Request a formal review

If a decision on the homelessness application has been made, the accommodation will be temporary accommodation or settled accommodation. You can request a formal review of the suitability of this accommodation (see the page on homelessness reviews for more information).

A review can be requested whether the young person has moved in or not. However, it is advisable for the young person to move in if at all possible as, if the review is unsuccessful, they could be left with nothing.