If a young person has no accommodation, and may have to sleep rough that night, advisers should outline the options that may be available an emergency.

What the law says

A local council must provide suitable interim accommodation for a young person where there is reason to believe that they may be:

• homeless,
• eligible for assistance, and
• in priority need.

Each of these terms has a legal meaning. However, the threshold is low as the local authority only needs to have 'reason to believe' - arguably, the young person telling the council that they are homeless and giving it information that indicates that they may be eligible and have a priority need should be sufficient.

However, councils can sometimes be reluctant to take a young person's word, and advisers may have to be prepared to argue the case on their behalf.

The duty is immediate; as long as there is 'reason to believe', the council must provide or arrange accommodation for the young person that night. A refusal to provide interim accommodation where there is reason to believe that the young person meets the criteria can be challenged by judicial review.

Social services also have duties to provide accommodation and support for certain young people if they become homeless.

Making a homelessness application

If it is likely that the council will have an interim accommodation duty (see above), you can help the young person to make a homelessness application. The council will then have a duty to provide accommodation, at least until it has made a decision on the application.

If the council fails to provide interim accommodation, but you believe that they should have a duty, you can write to them setting out why you believe that there is reason to believe that they may be homeless, eligible, and have a priority need, enclosing any evidence. The standard homelessness application letter can be adapted for this purpose.

If this is not successful, you can refer the young person to a solicitor for consideration of judicial review (but be aware that judicial review can take some time).

For more information on applying as homeless, please see the section on homelessness applications.

Asking social services for assistance

Social services will normally have a legal duty to accommodate a homeless young person if s/he:

• is 16 or 17 years old, or 
• is disabled, or
• has been in care for 13 weeks or more since the age of 14, at least some of which was while they were aged 16 or 17, or
• has come to the UK from abroad and are not here with a parent or guardian.

Exploring other accommodation options

If it is unlikely that the council will have an interim accommodation duty (usually because the young person does not have a priority need because they are 18 or over and not vulnerable), or the young person has already applied as homeless unsuccessfully (for example, because they were found intentionally homeless), then other options will have to be considered.

• Staying with friends or family: can be a short-term option while the young person is looking for longer-term accommodation.
• Hostels or nightshelters: have different rules on how long people can stay, but, again, will usually only be a short-term option. There may be extra provision in cold weather. 
• Privately rented accommodation is usually only an option in an emergency where the young person has money available (or can access funds) to pay a deposit and rent in advance.
• Supported lodgings schemes: the young person stays with a household that have volunteered to take in homeless people aged 16-25. These schemes are, again, a short-term option; placements are usually for a maximum of three nights.
• Bed and breakfast: this may be an option where the young person has money (or can access funds) to pay for it. Again, it will only be a short-term option.
• Supported accommodation/foyers: most supported accommodation projects for young people have a waiting list and/or do not accept emergency referrals. It can be worth a try, however, where no other options are available.

Being prepared

Young people often do not seek help until the last minute, so have procedures in place for dealing with emergencies. Parental evictions often happen just before the weekend, so ensure that there are enough staff available, if possible, to deal with emergencies on Friday afternoons.

Make sure you have a directory of accommodation projects and providers in your area to ease referral of a young person in an emergency situation. See Shelter's good practice guide, Local know-how, for information about how to compile a housing directory for young people in your area.

Sleeping rough

Unfortunately, in some cases you will not be able to find accommodation for the young person. This can be very upsetting for both the young person and for you. The best thing that you can do in this situation is to encourage the young person to keep trying friends or family, and give them advice about staying safe if they have to sleep rough.