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Local authorities “routinely failing” in legal duties to homeless children: Coram

A large number of 16 and 17-year-olds who become homeless are not assessed or are housed under the wrong legislation, with no practical or financial support from children’s social care services until the age of 25, according to new research by the Coram Institute for Children.

The report, published last month (29 December), warned that local authorities are “routinely failing” in their legal duties to children who become homeless, and called for homeless 16 and 17-year-olds to have access to an independent advocate in line with the 1989 Children Act.

Further, authors warned that 10 years on from the charity’s previous study of homeless children, ‘The Door is Closed’, “little progress has been made in the intervening decade”.

The report outlined the following seven barriers to children receiving the support they are entitled to:  

  1. Wrong legislation: A large number of 16- and 17-year-olds who become homeless are not assessed or are housed under the wrong legislation (the Housing Act 1996).
  2. Gatekeeping: Local authorities are continuing to gatekeep and ‘wait out the clock’ until children turn 18, at which point the local authority has less responsibility for them if not deemed a care leaver. 
  3. Unsafe accommodation: Vulnerable 16- and 17-year-olds are being housed in unsuitable and unsafe accommodation including adult hostels, unregulated or under-supervised provision.
  4. Inaccurate information: Many homeless 16- and 17-year-olds are not being given accurate information and are forced to make uninformed decisions that will have a huge impact on their lives. Children said they felt manipulated and misled.  
  5. Inadequate advocacy: Children are navigating the complexities of the different support options without consistent advice and advocacy (and in some cases legal advice) leaving children to make decisions which they later regretted. Advocate support was found to play a significant role in positive outcomes for homeless children. 
  6. Incomplete data: National data on homeless 16- and 17-year-olds is incomplete, making it difficult to understand how well children’s needs are being met and hold services to account in fulfilling their obligations in law.  
  7. No early help: Vital early support to families that could help prevent many children from becoming homeless in the first place is missing.

Making recommendations for change, Coram called for all homeless 16 and 17-year-olds to have access to an independent advocate - calculating that it would cost £5m per annum to ensure that every child in this situation has access to one.

Other recommendations included:

  • Local authorities should ensure that the default is to accommodate homeless children under section 20 of the Children Act 1989 in all but exceptional cases.  
  • Local authority children’s services should have the resources to complete assessments within set timescales and offer support where and when children present as homeless.  
  • Local authorities should ensure they have sufficient safe and suitable accommodation and support for homeless 16- and 17-year-olds as well as listen to the voice of the child. 
  • The government should produce a child friendly version of the statutory guidance to explain what to expect when you become homeless and the rights and entitlements of homeless 16- and 17-year-olds.  
  • Local authority advocacy contracts should include a proactive (opt-out) offer of advocacy for homeless 16/17-year-olds. 
  • The government should collect and publish local authority level data on the number of 16- and 17-year-olds who present as homeless. 
  • Increased investment in early help and prevention including evidence-based parenting, drug and alcohol misuse, and family conflict programmes to prevent family breakdown and homelessness in 16- and 17-year-olds.  

Dr Carol Homden, CEO of Coram, said: “Vulnerable 16- and 17-year-olds who become homeless are almost always fleeing abuse and family breakdown. They not only need a roof over their head but the care and support that is their right under the Children Act 1989. It is disappointing to see that a decade on from Coram Voice’s study, we are still not acting.

“Coram calls for investment of £5m to resource local authorities to ensure every child in this situation has an independent advocate to address the barriers and ensure they get access to the support to which they are entitled. Now is the time to change so that a decade from now this same report does not need to be written again.”

A Local Government Association (LGA) spokesperson said: “Councils will always work with a young person at risk of homelessness to understand their needs including whether being brought into care is in their best interests.

“However, a shortage of suitable accommodation can mean finding the right home for a young person, whether in care or not, is extremely challenging.

“We strongly support Coram’s recommendation to increase investment in early help for families to reduce the number of young people facing family breakdown and homelessness, and call on the Government to use the forthcoming Spending Review to build on the positive announcement of the Children’s Social Care Prevention Fund in the recent Budget.”

The Ministry of Housing, Communities and Local Government has been approached for comment.

Lottie Winson