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England

Priority need of people who have been in care

When a person who was in care as a child has a priority need for accommodation when making a homeless application.

This content applies to England

Priority need and time in care

Local authorities should check whether a person was in the care of social services as a child when assessing if they have a priority need.

Someone aged 18, 19 or 20 automatically has a priority need if they were in care when they were 16 or 17 years old. A person over 21 has a priority need if they are vulnerable as a result of having been in care. There are different rules for some students, known as relevant students, who are in need of accommodation outside of term time.

A person who was in care as a child might have a priority need for another reason or combination of reasons. Find out more about who has a priority need when applying as homeless.

People aged 18, 19 or 20 who have been in care

A person aged 18, 19 or 20 automatically has a priority need if they were looked after, accommodated or fostered by a local authority while aged 16 or 17.[1]

This includes people accommodated by an English, Welsh or Scottish local authority.

The person does not have a priority need if they are still looked after accommodated or fostered, or a relevant student.

Definition of looked after, accommodated or fostered

Looked after, accommodated or fostered includes where someone was:[2]

  • in the care of the authority, through a care order or a voluntary agreement

  • provided with accommodation under section 20 of the Children Act

  • accommodated by a voluntary organisation

  • accommodated in a private children’s home

  • privately fostered

It also includes where someone was accommodated for a period of at least three months by a local health board, a local authority exercising education functions or in accommodation provided under certain health related provisions.

It does not matter how long the person was looked after, accommodated or fostered. A person could have a priority need if they were provided accommodation by social services for a short period, such as a few nights.

Accommodation under sections 17, 23B or 24B

A person does not automatically have a priority need if they were accommodated under sections 17, 23B or 24B of the Children Act.[3]

Section 17 gives local authorities the power to assist a child in need, including through providing accommodation. This power can be used to accommodate homeless families. Most homeless 16 and 17 year olds on their own would be accommodated under section 20.

Section 23B sets out accommodation duties relating to someone who is a relevant child. A relevant child is someone aged 16 or 16 who spent at least 13 weeks in care from the age of 14, at least some of which while 16 or 17.

Section 24B requires local authorities to provide or pay for accommodation for a relevant student during vacation time.

People aged 21 and over who have been in care

A person aged 21 or over has a priority need if they are vulnerable because they were looked after, accommodated or fostered by the local authority.[4]

They have a priority need if they are vulnerable regardless of how long they were in care for and at what age.

This does not include someone who is a relevant student.

Assessing vulnerability

Where someone has spent time in care, the local authority needs to inquire into the person's childhood history to establish whether this means they are significantly more vulnerable than the ordinary person facing homelessness.[5] Factors to consider include:[6]

  • how long the person was in care

  • why they were in care

  • the time that has passed since the person was in care

  • whether they have been able to obtain and maintain accommodation since leaving care

  • whether they have any support networks, such as family, friends, or a mentor

The local authority should take into account whether being homeless would put the person at particular risk of exploitation, abuse or involvement in offending as a result of having been in care.[7]

A person might be vulnerable for more than one reason. Authorities should consider whether a person who has been in care might be vulnerable as a result of other circumstances. For example if they have experienced domestic abuse.

Find out more about how local authorities should assess if someone is vulnerable.

Relevant students

A relevant student is a care leaver who:[8]

  • is aged under the age of 25

  • qualifies for advice and assistance from social services

  • is in full time further or higher education

  • has term-time accommodation which is not available during holidays

Social services are responsible for providing accommodation for a relevant student during holidays, or the means to obtain it.[9]

A relevant student does not have automatic priority need if under 21 and does not come under the category of people who are priority need if vulnerable.[10]

Duty to provide suitable accommodation

Any accommodation offered under a homeless application must be suitable for the person's needs.

Local authorities should take into account the needs and circumstances of people who have been in care when determining whether an offer of accommodation is suitable.

The Homelessness Code of Guidance states that bed and breakfast accommodation, hotels and nightly accommodation with shared facilities are not suitable for care leavers under 25. These types of accommodation should only be used in exceptional circumstances.[11]

A person's care history can be relevant when assessing suitability in relation to the location of the accommodation. It might be important for a person without family support networks to live near another significant adult, such as a friend or former foster carer. [12]

Chapter 22 of the Homelessness Code of Guidance covers providing homeless services to care leavers. It includes information on how social services and local housing authorities should work together, including when the authority should involve the young person's Personal Adviser.

Last updated: 30 January 2023

Footnotes

  • [1]

    art 2 and 4 The Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051.

  • [2]

    ss.22 and 24(2) Children Act 1989.

  • [3]

    s.22(1) Children Act 1989.

  • [4]

    art.5(1) Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051.

  • [5]

    para 8.31 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [6]

    para 22.22 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [7]

    para 22.23 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [8]

    s.24B(3) Children Act 1989.

  • [9]

    s.24B(5) Children Act 1989.

  • [10]

    art 4 The Homelessness (Priority Need for Accommodation) (England) Order 2002 SI 2002/2051.

  • [11]

    para 22.27 Homelessness Code of Guidance, MHCLG, Feb 2018.

  • [12]

    para 22.28 Homelessness Code of Guidance, MHCLG, Feb 2018.