Shelter’s dedicated Children’s Legal Service takes on test cases in which the housing needs of children – both within families and unaccompanied teenagers – are a central factor. We also undertake policy work to increase awareness of the interests of children in the decisions of local authorities, housing associations and the courts.

The Children’s Legal Service is based in London but represents young people, children and families from across England. Where possible, we will use the law to change the law.

What we do

We advise and represent our clients at all stages of the housing process, and are particularly keen to take on cases where we can make the most difference for people. We have the greatest scope for changing the law and making a real difference to the lives of children in the following situations:

• homeless 16- and 17-year-olds, independent of the family
• ‘safety net’ cases, where the council does not owe a full housing duty (eg housing options following an intentional homelessness decision or if the family is not eligible for assistance due to their immigration status)
• the housing needs of children with disabilities, including advocating for suitable housing, necessary aids and adaptations
• cases where housing associations are seeking possession under ground 8 (the mandatory ground for rent arrears). This practice prevents the courts from using their discretionary powers to take contributing factors such as outstanding housing benefit problems into account and can be a barrier to negotiating solutions that can enable vulnerable tenants to avoid homelessness. 

Although we prioritise these cases, we will of course consider any case which involves children and/or young people.

We also produce briefings, such as:

• Tenancies for minors, which gives an overview of the law on letting to 16- and 17-year-olds.
• Responding to youth homelessness following the G v LB Southwark judgment, which examines the impact of this important judgment on the duties local authorities have to assist homeless 16 and 17 year olds.

We’ve also produced a booklet for young people living on their own for the first time. Your First Home is written by one of our clients, based on his experiences of being homeless for nearly a year and then moving into his first flat, and is full of useful practical and legal advice.

How we can help your agency

Our legal team is experienced in supporting advisers, so we can provide your agency with one-off or ongoing consultancy advice and support when dealing with any case affecting children. We can also deal with particularly complex cases, or those involving litigation. A large part of our work involves:

• county court appeals in homelessness applications
• judicial review proceedings
• possession proceedings
• complex test cases.

We have a legal aid contract and can also take on some pro bono cases for people who are not eligible for legal aid, thanks to support from Freshfields Bruckhaus Deringer LLP.

How to make a referral

We take referrals from any agency working with families or children who need legal representation concerning their living arrangements. Download our referral leaflet for more information.

If there’s a case you believe we could help with then we would very much like to hear from you. We can’t promise to take on every case, particularly at times when the level of demand for our service is high, but we will always be of help where we can.

To find out more or to refer a case to us, please contact Julie Hinnigan at julie_hinnigan@shelter.org.uk or Rachel Walker at rachel_walker@shelter.org.uk

Please note that we cannot accept direct referrals from members of the public. If you need help with your own housing situation, please call our national helpline, or visit your nearest Shelter advice service to speak to an adviser in person.