The watchdog noted that when a 16- or 17-year-old child presents as homeless there are three ways to accommodate them:
- They can become a looked-after child under section 20 of the Children Act 1989. “This means the local authority becomes the child’s corporate parent. Looked after children are automatically entitled to support, including funding for educational courses and priority access to certain types of accommodation, which must be regulated.”
- They can be accommodated as a child in need under section 17 of the Act. Children in need are not entitled to any of this support.
- They can be accommodated under the Housing Act 1996 (part 7).
Ofsted said statutory guidance was clear that in most cases a local authority should accommodate a child as a ‘looked-after child’.
The exceptions to this are when the child is not ‘a child in need’ or has made an informed decision not to be accommodated under section 20.
The Children’s Commissioner found in November 2023 that only 40% of homeless 16- and 17-year-olds are accommodated as looked-after children.
Ofsted said that many of the children and young people surveyed felt that they lacked information about their options.
Government guidance states that homeless young people should have access to an independent advocate.
The research found that some councils contacted an advocate any time a child declined to become looked after, but this practice was not widespread.
It also found little evidence that local authorities were monitoring the uptake or impact of their advocacy services.
The report meanwhile indicated a lack of suitable placements, and shortfalls in budgets and staff, might be influencing local authorities’ decisions about whether children become looked after or not.
It found:
- Children’s advocates believe homeless children are sometimes “steered away” from choosing to become a looked-after child
- Some housing authority representatives said they felt it was an easier and cheaper option for councils to treat children as a child in need
- Local authorities said children often prefer to be accommodated as a child in need, despite efforts to encourage them to enter care.
Ofsted meanwhile criticised some local authorities for continuing to use bed and breakfasts and hostels as temporary or emergency accommodation for homeless children.
It suggested that, to improve their provision and support for homeless 16- and 17-year-olds, the following next steps for local authorities:
- make sure children get the right information about their choices, and are properly supported to make the right decision for them
- review the advocacy offer for homeless children, including how it is promoted to children and monitored for uptake and effectiveness
- consider the benefits of working with homeless children to co-create important documents and policies that affect their experiences and options
- take urgent action to address cases where bed-and-breakfast accommodation is being used as emergency accommodation
- assess children’s safety and wellbeing on a continual basis to make sure their accommodation remains right for them
- provide children with adequate follow-up support and aftercare – regardless of whether they are accommodated through section 17 or section 20.
For its part, Ofsted said it would:
- consider how to get better data or insights from local authorities on inspection into whether homeless children are accommodated under section 17 or section 20
- ask inspectors to routinely consider the take-up and impact of advocacy for homeless children when looking at those children’s experiences in local authority inspections
- share learning resources and materials about homeless 16- and 17-year-olds with education and social care providers
- consider how to share best practice in a way that makes it easier for local authorities and partners to see examples of good practice
Ofsted’s National Director of Social Care, Yvette Stanley, said: “Finding yourself homeless must be distressing at any age, but when you’re still a legally defined child, it’s vital that local authorities and their partners work hard to ensure these children are supported in the way that works best for them.
“It’s also important that all homeless children have access to independent advocates, who can help them understand their rights, including the benefits of being a child in care, and help them make the best decision about their next steps.”
Harry Rodd