Staffordshire joint housing care leavers protocol
Accountable lead: Bernie Brown
Author: Lynsey Dawson
Document control title: Staffordshire Joint Housing Protocol
Status: Approved
Document version: Version 2 (reviewed 2024)
Author: Various
Sponsor 2023: Claire Cartwright / Neelam Bhardwaja
Sponsor 2024: Bernie Brown, Director for Children and Families / Natasha Moody, Assistant Director for Wellbeing and Partnerships
Owner: Staffordshire County, Children's Services and local housing authorities
Approved by: Chief Executive Officers Group
Approval date: 3 April 2025
Implementation date: Initial document September 2023
Review frequency: Annually
Next review: April 2026
Key partners of this protocol
- South Staffordshire Council
- Staffordshire Moorlands District Council
- East Staffordshire Borough Council
- Cannock Chase Council
- Lichfield District Council
- Newcastle Under Lyme Borough Council
- Tamworth Borough Council
- Stafford Borough Council
Introduction
Transition from care to adulthood is often a worrying and uncertain time for young people and often happens sooner in life. Care leavers should expect the same level of support that others would expect from a reasonable parent. Staffordshire County Council and Local Housing Authorities should make sure that young people are provided with the opportunities they need, as well as an understanding that they are likely to make mistakes and that second chance opportunities are provided to them.
Securing suitable accommodation for care leavers is more than just finding them somewhere to stay, this can have a direct impact on a young person’s health and wellbeing. Housing is one of the fundamental areas that can underpin a positive transition to adulthood, and our young people need somewhere safe, secure, and suitable to live. Carefully planned transitions should be a building block to success for our young people, enabling them to achieve and thrive in education, training, and employment.
Staffordshire Joint Housing Care Leavers (18-25) Protocol sets out the steps that Staffordshire County Council, Local Housing Authorities, local housing providers and other professionals supporting our young people, will take to ensure that each organisation plays a full role in providing corporate parenting support for our young people leaving care.
1.1. Corporate parenting
The principle of corporate parenting means that Staffordshire County Council has a legal and moral duty to all its children in their care and those who have left their care, like any good parent would provide for their child. Corporate parenting does not just involve Children’s Services, it includes Staffordshire County Council as a whole (including elected members and all officers), and partner organisations including Local Housing Authorities, Department for Work and Pensions and Youth Offending who are expected to have regard to seven principles when designing and delivering services: -
- To act in the best interests, and promote the physical and mental health and wellbeing, of those children and young people.
- To encourage those children and young people to express their views, wishes and feelings.
- To consider the views, wishes and feelings of those children and young people.
- To help those children and young people gain access to, and make the best use of, services provided by Staffordshire County Council and its relevant partners.
- To promote high aspirations, and seek to secure the best outcomes, for those children and young people.
- For those children and young people to be safe, and for stability in their home lives, relationships and education or work; and
- To prepare those children and young people for adulthood and independent living.
The Corporate Parenting principles, above, are underpinned by one key question which runs through the core of this document.
Would this be good enough for my child?
The Guiding Principles
All young people should be:
- The shared responsibility of their Corporate Parents, with reference to the seven principles.
- Given as much information, control, and choice as possible and in a timely manner prior to leaving care.
- Listened to and their feelings and wishes be considered.
- Able to make mistakes, learn from them, and be given a second chance, and perhaps more.
- Given flexible and personalised support to meet their needs.
1.2. Staffordshire's Local Offer
Staffordshire County Council has published its local offer. After extensive co-production with the Voice Project, wider partners and corporate parents at a county and district level. Staffordshire’s Local Offer is for our care leavers up to the age of 25, to help our young people to get ready to live independently, in the right housing and employment so that our young people are well prepared for adult life.
We have collaborated with our young people to produce this offer, to ensure the support and services we offer are right for them, and that their thoughts, wishes and needs have been understood and included.
“As Corporate Parents we have an important role, to ensure that our looked after children have the same opportunities and aspirations when they leave our care, as other young people. We will continue to develop this offer, so that our care leavers are both prepared and supported to lead happy, healthy, and fulfilling lives.” - Bryan Jones, County Councillor for Hednesford & Rawnsley, and Vice Chair of the Corporate Parenting Panel.
Our Offer will be continuously reviewed and enhanced. Please follow this link to view the full details of Staffordshire’s current published local offer for our care leavers - Staffordshire’s Care leavers local offer.
1.3. The development of the Staffordshire Joint Protocol
There has been a consultation, and a working group made up from professionals from the Staffordshire Housing Partnership’s Housing Delivery group which has completed the annual review of the protocol in line with good practice guidance and reviewing other two-tier protocols.
The consultation of young people in relation to this joint protocol happens in a variety of ways. There have been and will be ongoing consultation groups with young people and focused professional sessions about housing issues our young people are facing; these comments have been fed into this protocol: -
- There are ongoing consultations with the young people who attend the voice project
- There has been feedback via the Leaving Care team leads
- There has been feedback from the specialist HAST housing advisors
- There has also been feedback from the local housing authorities about the challenges they have seen for our young people and potential future challenges.
1.4. Aims, objectives and outcomes of this protocol
The aims of this protocol are to:
- Ensure the effective discharge of corporate and statutory responsibilities between Staffordshire County Council’s Children's Services, Local Housing Authorities, and housing providers by jointly addressing the diverse accommodation and support needs of young people leaving care.
- Support our young people to achieve independent living and become responsible and successful tenants.
- No young person will become homeless on leaving residential care.
- Prevent our young people becoming homeless.
- Share an agreed joint approach involving all relevant partners, which will be adopted to maximise tenancy sustainment.
- Reflects the commitment of each partner to strengthen existing services and joint working arrangements detailing the duties and responsibilities of each organisation and their commitment to working together to improve the outcomes for our young people who have been looked after and accommodated.
- Strive to deliver on our commitment to developing services (our local offer) to our care leavers.
- Continue to review and develop a range of accommodation and suitable support solutions for our young people. These support and accommodation solutions will be based on the best interest of the young person taking their views into account.
This protocol will operate on several levels:
- Through the undertaking of a Children and Housing services joint assessment of the young person’s individual housing need.
- Monitoring and reviewing the accommodation needs of our young people.
- Ensuring that the right housing options are given to our young people, recognising their individual wishes but also understanding the provision available of different accommodation types.
- To ensure bed and breakfast accommodation is only used in exceptional circumstances, alongside strict management oversight, risk assessment and additional support for the young person, with agreed robust move on plans.
- Joint and collaborative work to ensure that our young people are accommodated in safe and suitable environments which meet health, safety, and wellbeing requirements.
- Ensuring that holistic tenancy sustainment is available for all care leavers up to the age of 21 / 25 (as applicable).
The objectives of this protocol are to:
- Increase the effectiveness of joint working and to support reducing operational barriers to achieve practical and positive solutions for our young people.
- Ensure that all staff are aware of the accommodation and support needs of young people leaving care and the obligations of each organisation to address these needs (through joint training, collaboration, co-production and a robust induction process.)
- Assess and meet the diverse accommodation and support needs of young people leaving care.
- Prevent homelessness through joint assessment and involvement of relevant organisations, at an early stage.
- Ensure care leavers achieve a successful transition to independent living through support, preparation, and provision of suitable accommodation.
- Provide practice guidance on supporting care leavers in their own tenancies that will include, early intervention and contingency arrangements.
- Guide and support young people in the event of them needing to make homelessness applications to their Local Housing Authority where the planned preventive route is unable to meet their accommodation and support needs.
- Ensure that the accommodation and support needs of care leavers entering and discharged from custody are adequately planned for.
- Identify gaps in service provision for young people, through collaboration with other organisations to address these gaps and providing key data and information into relevant strategies.
- Ensuring the young person is at the centre of the transition, allowing them choice as much as it is reasonably possible.
- Create a countywide approach to the transition from care for all ‘our Children and Young People’ so no matter where a young person wants to live in Staffordshire, there is a similar approach.
- Ensure our young people are supported into suitable and sustainable accommodation, at the right time when the young person is ready.
- Have an emphasis on ‘staying put’ arrangements where our young people can remain with foster carers post 18, continuing their network of support in a specific locality.
The anticipated outcomes of this protocol are that: -
Staffordshire County Council Children’s services, Local Housing Authorities and Housing Providers will support each other, through this protocol, to meet national key performance indicators in respect of leaving care and housing as defined by Central Government as follows: -
- Preventing Homelessness - Housing Services will monitor the number of cases of homelessness prevented through their own prevention processes e.g. through H-CLIC data.
- Staffordshire County Council Children’ Services - monitors the number of care leavers in suitable accommodation through KPI N147.
- The effectiveness of the protocol will be measured by a combination of the above objectives and anticipated outcomes.
1.5. Monitoring, governance and implementation
Regular review meetings take place in each locality with representatives from the Local Housing Authorities, Senior Practitioners from the relevant children in care and care leavers team, any registered housing providers, and other key partner professionals where applicable. These reviews will also provide an opportunity to discuss any potential tenancy and support issues to promote an early intervention and a solution focus model of practice.
- It is expected that any young person aged 17 and a half, and due to turn 18, would be monitored, and closely tracked through their Pathway Plan and through the Local Housing Steering Group meetings.
- To assist accommodation sufficiency the potential numbers of young people turning 18 in each locality will be shared with the relevant Staffordshire Housing Partnership members and discussed during the Local Housing Steering Group meetings.
- In addition to these meetings, Staffordshire Housing Partnership (Young People) – Strategic Group, will meet three times per year to discuss the embedding of this protocol and initiate consideration of the wider issues affecting our young people and housing.
- The governance of this protocol will we kept under review by the Corporate Parenting Panel.
- This protocol will be reviewed on an annual basis, or when there is a change/update in legislation.
- Training around the principles of the protocol will be rolled out to teams within Staffordshire County Council, Local Housing Authorities, registered housing providers and other key professionals who have a responsibility to ensure that this protocol and its guidance are followed, as part of Staffordshire Housing Partnership (Young People) communities of practice collaborative reflective sessions.
- For new starters whose role this protocol applies to, this protocol will form part of their induction process.
- Our care experienced young people will be consulted on the development of this protocol through the Voice Project and in any future reviews to the protocol.
1.6. Data and information sharing
The success of this protocol is dependent on the efficient and effective sharing of information between partner organisations. To accurately assess and meet a young person’s needs, information relevant to their housing and support needs must be shared between Children’s Services, Local Housing Authorities, Housing providers and other relevant partners identified in the young person’s Pathway Plan.
It is important as Corporate Parents to effectively share information, particularly in the context of safeguarding young people. Ensuring that all staff members are aware of their obligations is fundamental for maintaining trust and safety.
The young person’s written permission must be sought before the exchange of information can take place, (where there is no other legal basis for sharing that is applicable), and this permission should be obtained at the earliest opportunity and appropriately shared with the relevant partner organisations, for their records as part of the young person’s application for housing. All partners of this protocol should keep clear records of consent, and any information shared, which can help in maintaining transparency and accountability.
Not everything in the young person’s Pathway Plan is relevant to their housing application. However, it is anticipated that the young person will give their permission for all relevant information to be shared. The young person should also feel empowered to withdraw that consent at any time.
Children’s Services will share information about our young people for the purpose of identifying and referring those young people and facilitating the subsequent joint assessment of their accommodation, support needs and tenancy sustainment.
Reciprocal information sharing about our young people’s housing and support options will be discussed in such meetings as the Local Housing Steering Group and all partnership members are reminded of the importance of confidentiality and the ethical implications of sharing personal information.
Children’s Services and the partners of this protocol will share general information with each other to support the review and evaluation of the effectiveness of the protocol.
All information sharing must comply with the requirements of the Data Protection Act 2018, Staffordshire County Council’s One Staffordshire Information Sharing Protocol, and the relevant Housing procedures in respect of confidentiality of information.
Communities of practice sessions can be arranged for staff members on national guidance and local policies which can help ensure everyone is up-to-date on best practices for safeguarding.
1.7. The roles of partner organisations
All partner agencies and their officers have a responsibility to ensure that this protocol and its guidance are followed to: -
- Act as a responsible corporate parent as part of this protocol.
- Provide suitable accommodation to support our young people’s transition as agreed through their Pathway Plan.
- Support the development of our young people’s independence.
- Prevent homelessness.
- Achieve the best outcomes for our young people.
Staffordshire County Council Children's Services
Where a Staffordshire County Council Children’s services officer is working with a young person and is the lead professional, they will guide and ensure that all appropriate organisations engage in the process. Leading on the multidisciplinary team around the young person and the recording of agreed actions.
The exception to this would be where another organisation has the lead responsibility in respect of accommodation and support. This organisation would guide the process for accommodation. For example: -The Local Housing Authority at the emergency stage, Probation, or the Youth Justice Service.
Roles/Responsibilities for children's services
- Ensure the young person has an agreed Pathway Plan as soon as they are eligible.
- The Pathway Plan will begin to decide and articulate the wishes and feelings of a young person’s transition from care.
- Support our young people in engaging and completing the necessary independence work.
- Post 18, Personal Advisor’s will visit the young person at least every 8 weeks and, with the young person’s consent, will liaise with housing providers directly to identify any potential issues that may require early intervention around homelessness prevention.
- Ensure our young people are aware of the housing options available to them on leaving care and what support they can access.
- Ensure our young people are aware of independent advocacy services, should they need additional support to make balanced informed decisions.
- Ensure that districts are involved with and kept updated on the transitions planning in place for young people and ensure successful joint working.
- All new staff will receive training in respect of this protocol and any related policies and procedures as part of their induction.
- The protocol will be reviewed annually, or when there is a change in legislation / significant case law rulings / judicial reviews, to ensure the document is kept “live.”
- Staff teams will also be updated on any changes, through communities of practice.
District and borough local housing authority
The prevention of homelessness is paramount, and therefore Staffordshire Housing Authorities must be involved at all stages of the process. They will provide the young person, as well as all parties concerned, with tailored information around the various housing options available in the young person’s area. A copy of the young persons Personalised Housing Plan, with consent from the young person, will be shared with the Children’s Services officer with responsibility for that young person to ensure clear joint working arrangements. This will include shared agreed actions between the professionals supporting the young person and the young person’s agreed action plan.
Roles/Responsibilities of the local housing authority
- To process a housing application and homeless application if applicable in a timely manner.
- Ensure that an intentionally homeless decision will only be reached once the decision has been signed off at Director level, or similar grade.
- To work in partnership with Children’s Services to plan for our young peoples’ transitions out of care into suitable accommodation.
- Inform Children’s Services, subject to consent, when a care leaver presents for homelessness assistance and work jointly to support that young person and possibly their family if required.
- Ensure our young people are aware of independent advocacy services, should they need additional support to make balanced informed decisions.
Local housing providers
The role of our local housing providers would only begin once an offer of accommodation to a young person had been made. Housing providers will then assist with the prevention of homelessness by identifying problems with their tenancies at an early stage. Housing providers who provide accommodation to our young people will be encouraged to sign up to the “commitment to refer”. It is probable that local housing providers may be more willing to review a young person’s suitability to become a tenant, if they are aware of the support package that is in place, alongside with the team supporting the young person. Our local housing providers should be invited to multiagency discussions, as part of this protocol. Suitable accommodation offers, early tenancy support and intervention support is paramount to the success of accommodation options for our young people.
Roles/Responsibilities of the local housing providers
- The Landlord to contact and liaise with the Personal Advisor as soon as there are any potential issues with a tenancy.
- The Landlord to complete their commitment to refer to the local housing authority.
- The Landlord to ensure that their properties remain safe, suitable, and well maintained.
- To ensure our young people are aware of independent advocacy services, should they need additional support to make balanced informed decisions.
Other professionals supporting our young people
Roles/Responsibilities for independent advocacy
Young people’s advocacy is aimed at ensuring that the voices of young individuals are heard and respected, particularly in decisions that affect their lives. Change Grow Live (CGL) provide advocacy and independent visitor services for our children and young people. The service is available to children and young people up to the age of 25. Follow the below link to make are referral or contact via email for advocacy services on sscrs@cgl.org.uk or by phone on 07809 587007.
Roles/Responsibilities for youth justice service
- Ensure information relating to housing and suitability of address is recorded.
- All children within the custodial estate have a clear plan and actions in place to identify suitable accommodation on their release from custody.
- Ensure all relevant referrals are made in a timely manner to identified practitioners/services to secure suitable accommodation for those in need.
- Work in conjunction with partner organisations to ensure that suitable accommodation is safe and secure.
- Advocate/support children in the process of safe and secure suitable accommodation.
Roles/Responsibilities for our young people
It is the responsibility of any care experienced young person to engage in the housing process within their chosen Local Housing Authority. By understanding these roles and responsibilities, our young people can better navigate their housing options and work towards stable, independent living. This will include (but not limited to):
- Having open and honest conversations with the representative from the Local Housing Authority and their Personal Advisor.
- Play an active part in their Pathway Plan.
- Attending and prioritizing all appointments.
- Providing and completing all requests for further information / documents / required proofs.
- Actively seek information about their rights and engage with local services to find suitable housing.
- Connect with local organisations that can provide additional specialised guidance.
- To makes sure the Staffordshire Independence Programme modules are being completed as appropriate.
- Prioritize the development of their budgeting skills to help manage their future finances effectively, especially when living independently.
- Where applicable, bidding on suitable properties in a timely manner.
- Seek support from their Personal Advisor if they are unsure of anything that is asked of them.
- To make their Personal Advisor aware of any issues about their tenancy, rent arrears letters, letters that they are uncertain about, without delay.
- To develop self-advocacy skills, by understanding the processes involved in securing housing and the support available.
- To ask for an advocate if they require additional support to understand their rights and responsibilities.
- Provide feedback (positive or negative) to improve the support systems for future generations.
1 - Transitions planning for care leavers before they leave care
The partners of this protocol are committed to supporting all our care leavers to ensure that they are provided with appropriate accommodation based on their individual needs. The transition to independent living includes preparation for independence with planned sustainable moves into supported or independent accommodation.
The journey out of care is a particularly important, and sometimes challenging, transition where young people can become an adult in one area of their lives, but not in others. For many young people, their transition to adulthood can be extended and delayed until they are emotionally and financially ready, and they have the qualifications they need and aspire to.
Securing suitable accommodation for care leavers is therefore much more than just finding them somewhere to stay. Care leavers should expect the same level of care and support that others would expect from a parent.
Staffordshire County Council is responsible for their care and should make sure that they are provided with the opportunities they need. It is important to remember that there is no one appropriate pathway for young people to move to independent living.
Leaving care too early presents young people with significant challenges which will impact on their life chances. Care leavers, like all young people, will make mistakes and require support to learn from their experiences.
Young people leaving care may need longer to achieve some of their goals than their peers who have not been in care. Care leavers need to be well prepared to live independently, and their housing needs must be addressed before they leave care via pathway planning and joint assessment.
The intention is to ensure well planned moves, which will involve care leavers and take account of their individual needs. Social Workers, Foster Carers and the professional network will begin transition planning with our young people well in advance of the expected date of leaving care and plans will be reviewed by the Independent Reviewing Officer as part of the looked after children’s review process.
The Pathway Plan should be a comprehensive document that identifies the actions and services required to meet the needs and outcomes of the young person during their transition into adulthood and independence.
Where young people have complex needs and the involvement of a range of organisations (including for example Staffordshire County Council Adult Social Care, Mental Health Services, Housing related support providers, the Youth Justice Service, and the National Probation Service) all should be involved in supporting their Pathway Plan. Partners of Staffordshire Housing Partnership (Young People) will agree the arrangements for information sharing at a multi-agency meeting, to confirm develop or to review the young person’s Pathway Plan.
Through collaboration with the young person the Social Worker / Personal Advisor, aim to understand and agree suitable accommodation, alongside any additional support pathways when the young person leaves care. At 16 – 17 years of age the young person’s review will ensure that the appropriate planning with young people takes place, which meets the individual needs of the young person. The Independent Reviewing Officer will support that the planning for independence is in line with the young person’s readiness to move into independence post 18. This includes considering accommodation options such as: -
- Staying Put and Staying Close.
- living away at university and needing vacation accommodation.
- living in supported lodging arrangements.
- living in supported housing/ semi-independent accommodation.
- sharing a house with other people.
- Returning to live with family.
- living in a self-contained social housing or private rented tenancy.
2 - The Independence Programme
Our young people who are well prepared and supported through their transition will have greater resilience and be less likely to become homeless after they leave care.
Through consultation conducted by The Voice Project professionals were supported to understand and listen to our young peoples’ feelings. This highlighted that our young people did not always feel prepared for the move to independent living. In response to this feedback Staffordshire County Council has since developed and implemented an Independence Programme to support and prepare our young people for the move to independence. The Independence Programme will be shared with our young people through their Personal Advisor.
The programme is made up of twelve modules that focus on different independence-related skills ranging from ‘Shopping and Cooking’ and ‘Home Safety’ to ‘Managing your Tenancy and Avoiding Debt.’
Our young people will have the opportunity to start working through the programme from the age of 16. It is the responsibility of those collaborating with the young person, at that stage, including but not limited to: - their Foster Carer; Residential Worker; Semi-Supported Accommodation Provider/Support Worker; Social Worker and Personal Advisor to encourage and support the young person to engage in and complete the Staffordshire Independence Programme.
As corporate parents, the partners of this protocol believe that by successfully completing all the modules of the independence programme this will increase the chances of positive outcomes for our young people leaving the care of Staffordshire County Council and encouraging successful independent living.
The aim of the independence programme is for our young people to complete all twelve modules by the time they turn 18 or move into independence.
As corporate parents we acknowledge as part of this protocol the importance to provide comprehensive support to everyone involved in the care of our young people, by using psychological theory and helping foster carers and families form secure relationships. This is crucial for our young people’s emotional and psychological well-being. By supporting our placement providers and foster carers in understanding and managing young people’s complex emotions this can make a significant difference in their lives.
As corporate parents it is important to support our workers in understanding young people’s emotional needs and how to engage with the young person. This is essential for fostering their independence and well-being. By reflecting on young people’s skills and needs, focusing on building safe and secure relationships, this can make a significant difference in their transition to independence.
The independence programme is a thoughtful and integrated approach. Lead by reflecting on what independent living means to each young person and incorporating their values, wishes, skills, and needs into their care planning and is essential for individual and personalised support.
When additional support is required for our young people, we support appropriate referrals to relevant mental health services. This could be through primary care psychological services, CAMHS, Adult Mental Health Services, school counselling, or third sector organisations.
Developing a clear protocol and fostering collaborative working relationships are excellent strategies to ensure that our young people receive the support they need. By ensuring both professionals and young people understand the referral process and reviewing those processes to enable streamlining or removal of barriers to improve access to essential services.
3 - Accommodation and support options for care leavers
When a young person reaches the age of 18 years they are no longer ‘in care’ and they can access their own accommodation and hold a tenancy. Once a young person turns 18, the duty to provide regulated accommodation typically ends, which can be a significant change for them.
3.1. Accommodation
It is crucial to have a robust Pathway Plan in place that reviews individual needs and ensures they have the necessary support as they move into independent living. This oversight can help address any challenges they might face in securing and maintaining their own accommodation.
As every young person develops at their own pace, and some young people will need more time than others, it is not assumed that all young people will be ready to live independently when they reach the age of 18. Important options for young people transitioning to independent living providing various accommodation options can make a significant difference to our young people’s development and wellbeing.
An overview of the options that can be explored: -
- Staying Put Arrangements, allows our young people to remain with their former foster carers, providing a familiar and supportive environment.
- Supported Housing, offers assistance and additional resources, to help our young people adjust to independent living while still having support.
- Social Rented Housing, providing affordable housing options that can help our young people with focused housing related support, while living independently.
- Shared Accommodation provides a shared environment living with other young people can foster independence while providing a support network.
- Shared Lives Arrangements provides a unique option where our young people can live with a positive person usually a family member or caregiver who provides additional support.
- Support for Students, for those in full-time education, social care can help secure suitable accommodation during term time and holidays.
3.2. Suitability of accommodation
The Staffordshire Joint protocol will ensure that a range of accommodation options will be available to address the diverse needs of our young people.
The relevant guidance regarding suitability is set out below: -
The suitability of accommodation for care leavers is provided in Children Act 1989: care planning, placement and case review - GOV.UK and Children Act 1989: transition to adulthood for care leavers - GOV.UK
Where a young person is homeless, a housing authority must have regard to suitability of accommodation provided for them as set out in Homelessness code of guidance for local authorities - Chapter 17: Suitability of accommodation - Guidance - GOV.UK and Homelessness code of guidance for local authorities - Chapter 22: Care leavers - Guidance - GOV.UK
3.3. Avoiding the use of Bed and Breakfast (B&B) emergency accommodation
In Staffordshire, the use of Bed and Breakfasts (B&Bs), which is privately owned accommodation in which residents share facilities with other individuals or households, is considered unsuitable accommodation for our young people.
On the occasion that all suitable options of emergency accommodation have been explored and the only option available for the Local Housing Authority is to place our young person into B&B accommodation, Children’s Services and the Local Housing Authority must work collaboratively to agree to the arrangement of emergency accommodation provision to avoid the use of Bed and Breakfast.
Using Bed and Breakfast (B&B) accommodation for our young people involves several risk management processes to ensure their safety and well-being. This protocol aims are to minimise the use of unsuitable B&B/emergency accommodation.
This will be done by the sharing of risk and decision-making at a Senior Manager level. For any young person who is at risk of being placed in “unsuitable” B&B accommodation, their will need to be clear evidence of what options have been explored, updated risk assessment prepared, along with evidence of clear management oversight being in place.
Where a young person is at risk of being placed in an unsuitable accommodation Children’s services may escalate this risk to the Assistant Director of Wellbeing and Partnerships, who will instigate discussions with their counterpart at the relevant District or Borough Housing Authority.
This escalation process is in place to ensure that we are:
- Delivering on our joint corporate parent responsibilities.
- Ensuring the welfare needs of our young people at crisis point are fully considered.
- Exploring any alternative joint accommodation solutions that could be agreed, to reduce the use of unsuitable B&B accommodation.
- Enabling a clear collaborative approach around the jointly sharing of risk mitigation considerations and ensure appropriate management oversight.
On the rare occasion that the young person’s crisis and emergency needs have been assessed that B&B accommodation would be required to prevent homelessness, or safeguarding overnight for a young person, it would need the agreement of the Children’s Services Director to proceed (or the relevant Children’s Services Senior manager who is on call out of hours).
It is particularly important to note that both the Local Housing Authority and Children’s Services want to avoid the use of B&B accommodation for our young people. Statutory guidance issued to both organisations set out that this type of short-term accommodation is not suitable for our young people leaving care.
B&B accommodation can be defined as emergency accommodation that can be allocated to homeless applicants as part of an initial homeless assessment duty. For single people it is often in shared accommodation where an applicant must share facilities with other residents. It offers no support and can therefore be very isolating for a young person. One of the aims of this protocol is to reduce to zero the number of times a young person had to be placed into B&B accommodation, and this will be a key indicator of the protocol’s success.
Staffordshire County Council and the Local Housing Authorities believe unsuitable accommodation for our young people is: -
- Sofa Surfing, and other insecure accommodation.
- Custody.
- B&B accommodation.
- Homeless Hostel, this is alike to non-commissioned hostel type accommodation.
- No fixed abode.
Although defined as ‘unsuitable’ the above accommodation is used as an absolute last resort. Where this is the case then there should be evidenced management oversight to ensure that support, effective and efficient move on planning is in place to reduce the use of such provision to a minimum as detailed in Staffordshire County Council’s ‘Unsuitable Accommodation (post-16) Practice Guidance’ and if required consideration will be given to their support needs through the Care Planning and Resource Panel. The referral arrangements can be made via email, FandC.Panels@staffordshire.gov.uk
What to do if a young person does not consider that their accommodation offer is suitable?
- The young person must inform their Personal Advisor.
- The Personal Advisor should refer the case to the Housing Personal Advisor, the case will then be discussed at the next Local Housing Steering Group meeting.
- Ensure the young person has been offered the option of support from the independent advocate service.
4 - Joint contingency planning
Most care leavers move on from care into independent accommodation without being put at risk of becoming homeless and can sustain their own accommodation with or without support. The Pathway Plan will detail accommodation needs and the type of housing related support that the young person may require to successfully maintain a tenancy. However, there will always be a need for contingency planning and a readiness to respond to emergencies, including the loss of accommodation, as part of the Pathway Plan.
The Housing providers – tenancy sustainment officer / Housing officer, should always be included in the support plan that is put in place on the commencement of the tenancy. Ensuring joint meetings take place regularly, between the housing provider, Children’s Services, and the young person, ideally at least quarterly within the first year (during the probationary tenancy).
Both the housing provider and Children’s Services should ensure that our young people fully understand what is required of them as a tenant, who is going to support them, and what they should do in a crisis. The success of their tenancy should be monitored by each organisation, where applicable, and potential difficulties dealt with promptly involving and including the young person with solution focused decision-making.
For example: -
- Social Housing Provider - New tenant visits may be made by a Tenancy Management Team within 4 – 8 weeks of tenancy commencement. The Personal Advisor may be able to share specific requests that can be considered for our particularly vulnerable young people, around focused housing related support.
- Private rented or supported housing - The Personal Advisor will make themselves known to the landlord and they will function as an intermediary if a tenancy is granted in the private sector.
The Personal Advisor will also support their young person in maintaining their tenancy. If there is evidence that a tenancy is unlikely to be sustained, prompt communication between agencies is essential and a review of the Pathway Plan will be undertaken, to identify current and future needs.
The Personal Advisor should arrange a multi-disciplinary team meeting to take place between all associated services, and support solutions and agreements reached, prior to any formal action being taken to end a tenancy.
If it becomes evident that our young person is at risk of becoming homeless the ‘Duty to Refer’ pathway should be followed in all instances. This referral will consider the actions that each organisation is able to offer and the need to take a flexible approach to meet needs that may fall outside each organisation’s usual offers.
Returning home to live with their family does not always work out for young people in the way they had hoped. If a care leaver decides to move home and later decide to change their decision, they should speak to their Personal Advisor as soon as possible to be supported to find alternative arrangements.
It may be that a safeguarding issue is impacting on the young person and there is a need to rehouse them in a different area.
4.1. Safeguarding
It is recognised that safeguarding issues do not disappear when a young person becomes 18 years of age. The Pathway Plan is the mechanism for highlighting safeguarding concerns support the bringing together professionals and the young person where possible, to consider any risks they may be facing and safety planning with them.
This would include risks relating to contextual safeguarding, Sexual Exploitation and Criminal Exploitation. Additional protocols are being developed further in relation to financial exploitation and the act of “cuckooing” i.e., where a young person’s flat is taken over by others.
This protocol highlights the continued multi-agency approach to safeguarding arrangements and includes the referral pathway to the Adults Safeguarding. How to report abuse.
5 - Leaving custody
Our young people leaving custody will need additional support to secure suitable accommodation on release. Staffordshire County Council will map out how it will work in partnership with other services to ensure that the availability to suitable accommodation is agreed as part of pre-release planning.
Staffordshire’s Care Leavers in Custody Policy (see Appendix 6) document highlights the role of the Personal Advisor to ensure adequate pre-release planning is in place and that suitable accommodation forms a central part of this. Upon release from custody a referral to the Housing Personal Advisor should be made to support resettlement efforts.
A pre-discharge meeting will be held 4 weeks before release date, involving the young person and partner organisations (such as housing, Youth Offending Service, probation etc). This will formulate the accommodation plan and identify post-release support, which will be included in an updated Pathway Plan.
The Personal Advisor will be responsible for ensuring that the accommodation needs are identified as early as possible. The Personal Advisor will work with the Local Housing Authorities’ Homelessness Prevention Officer to ensure that our care leavers do not leave custody without an accommodation plan in place.
The followings public bodies, who may be involved with care leavers, are required to notify and complete the ‘Duty to Refer’ to the Local Housing Authority of the young person they identity who may be at risk of becoming homeless: -
- Prisons.
- Youth offending institutions.
- Youth offending team.
- Probation service.
- The Secretary of State for Defence.
At the point of entry into custody, the Personal Advisor will assist the care leaver with ensuring that the Universal Credit Rent Element continues to be paid, provided the sentence (custodial) is under 6 months, to ensure easy return to their home upon release.
When a young person has been sentenced more than 6 months. The young person should be provided with information and guidance around their tenancy, it may be the most appropriate option for the young person to leave the property as a planned move by giving notice to end their tenancy in consultation with their housing provider. The Personal Advisor should work closely with the benefits teams and the Housing Provider around the “housing element” payment, to ensure that the young person does not develop a housing debt while institutionalised.
Twelve weeks prior to their release, there should be a multi-agency meeting arranged, chaired by the Resettlement Team at the youth offending or prison service, to discuss the young person’s release, and the management of their offender pathway, including discussion of accommodation options. It would be expected that the Personal Advisor attends these, alongside other key partners.
The Personal Advisor will make contact to confirm a multiagency meeting if arrangements have not been made. If the young person is part of the Multi-Agency Public Protection Arrangements level 3 (MAPPA3) offender, careful consideration must be given to the planning and support for suitable approved premises (AP), to enhance the effectiveness of their Risk Management Plan. This should be completed at least three months prior to release, by their Youth Justice Manager/Probation Officer through the Multi-Agency Public Protection Arrangement framework.
In the event that the young person is threatened with homelessness then a homelessness referral will be made under the ‘Duty to Refer’ A guide to the duty to refer - GOV.UK to the relevant Local Housing Authority, 56 days prior to release.
The Prison Offender Manager (OM) or Resettlement Team, in community probation officer (if the young person is to be released on licence) will be responsible for our young person whilst in custody, they should complete the ‘Duty to Refer’ to the Local Housing Authority on behalf of the young person in good time.
The Personal Advisor from Staffordshire County Council Children’s Services should ensure that such arrangements and referrals have been made. These arrangements should then be captured and reflected in the young person’s Pathway Plan.
Throughout the last three months of detention, the Personal Advisor can explore all the usual options for our young person, for example: - appropriate advice, guidance and offers of suitable accommodation, (if the young person isn’t following an offender pathway), discussion tabled at the Local Housing Steering Group meeting as they would for any other young person supported by Children’s Services.
There will be greater focus on early professional collaboration to identify the needs of our young people to aid pre-release planning. With the aim to identify suitable and safe accommodation for our young person in advance of their release to avoid the possibility of rough sleeping or street homelessness. With a planned programme of support that is stepped up in the first 6 weeks of the young person’s release into their local community.
6 - Care leavers living outside of Staffordshire
The Personal Advisor will be required to support care leavers in pursuit of their housing options with the local authority where a local connection applies.
The Pathway Plan should set out what options may be available for our young person that intends to settle outside of Staffordshire. The Personal Advisor should contact the Local Housing Authority where the young person resides to explore what accommodation options may be available in advance of them leaving care, including joining the local housing register.
If the young person is considering settling out of the county due to concerns about their safety, the Personal Advisor should consider whether there are any areas within Staffordshire where the young person may be safe and support them to access properties in specific parts of the county.
The Personal Advisor can also work with the Local Housing Authority through the Local Housing Steering Group to explore reciprocal arrangements with other Local Housing Authorities from outside of Staffordshire as appropriate.
For our young people affected by serious youth violence or other community safety risks, and additional support requirements are identified, a referral should be made to the Care Planning and Resource Panel. The referral arrangements can be made via email, FandC.Panels@staffordshire.gov.uk
Besides social housing, the young person could move into the private rented sector If the reason for them not staying in the county is due to safety concerns, then the young person could consider making a homelessness application to another council of their choice.
The Housing Personal Advisor will provide advice to the young person and their Personal Advisor on the options available to enable the young person to make an informed decision on their housing.
Support should be made available to our young people from other areas living in Staffordshire and there will be an expectation to join up with the “Parent Local Authority” to enable the young person to receive the support they want and are entitled to, to prevent homelessness or rough sleeping.
In some instances, it may be beneficial for young people to move to, or remain in, another authority's area if: -
- They are already living in a foster or residential placement out of the area and being settled there.
- They have been assessed, or presenting, at risk if accommodated in the local area.
- They are requiring university vacation accommodation outside the authority area.
- They want to live nearer to a family member or former carer.
- They are moving away to accept employment or training.
A Housing Personal Advisor referral will be made where support is needed for complex cases or where potentially negative decisions have been made. The Housing Personal Advisors will be Staffordshire Children’s Services' single point of contact for challenging issues such as local connection, care leaver status and priority banding. Help is also available via the Right to Move and social housing allocations - GOV.UK
7 - Accommodation options for 21-25 year old care leavers
Accommodation options for our young people aged 21-25 are likely to differ from those who are younger. For young people in supported accommodation who are not ready to move on by the age of 20, and if they are not eligible for support from Adult Services, consideration will be given to their support needs through the Care Planning and Resource Panel. The referral arrangements can be made via email, FandC.Panels@staffordshire.gov.uk
For our young people planning to make a homelessness application, who are over the age of 21 will, as far as possible, be found as being in 'priority need' under homelessness legislation as a guiding principle. Nonetheless, the Local Housing Authority remains obliged by homelessness legislation to consider individual facts and circumstances in every case. The Local Housing Authority reserves the right to use its discretion and to depart from these principals, giving detailed reasons, where appropriate, in individual cases.
Our young people who are found to be in 'priority need' will receive the main housing duty and be housed temporarily until permanent housing can be secured, either via social housing or the private rented sector.
They would then be given the appropriate banding under the local allocations scheme. Any decision to find our care leavers not in 'priority need', will be signed off by the Local Housing Authority at a senior level.
Under the Homelessness duty, it is important to note that our young people will be provided with only one suitable accommodation offer for the Local Housing Authority to exercise their duty. If our young person refuses that accommodation offer, they can face having a reduction in their priority banding.
It is important that the Personal Advisor ensures that the young person understands the impact of their decision-making. If it is believed that the accommodation offer provided was not suitable for the young person, the Housing Personal Advisor should request a review. There is only a statutory right to one review of suitability. A request for review must be made within 21 days of the decision that the accommodation was suitable.
8 - Pathway to housing
The following pathways will be used when independent housing is identified as the most appropriate option:
The young person will be supported to complete The Staffordshire Independence Programme prior to their eighteenth birthday, this will allow them to build theoretical and practical skills to be able to live independently.
The young person will have a Pathway Plan soon after their sixteenth birthday to prepare and support them into independence. The Independent Reviewing Officer (IRO) will oversee this plan and make sure it meets the needs of the young person and that all duties are undertaken.
If the young person is not identified as Staying Put or similar, the young person will look towards a move to Supported Accommodation to begin obtaining their independence skills. This will be evidenced through the provider and any work undertaken via the Staffordshire Independence Programme. This can be evidence to the Local Housing Authority and Housing Providers to demonstrate the young person’s understanding of living independently.
Prior to the young person reaching 17 and a half years, the Children in Care and Care Leavers Team (via the Senior Practitioner for Personal Advisor’s) will notify the nominated manager/lead officer at the Local Housing Authority of this.
At 17 and a half years, the young person and their Personal Advisor will complete the housing application and submit any supporting information required, such as appropriate documents confirming the young person’s status under the Children (Leaving Care) Act 2000. Personal Advisors will provide support in line with each individual housing process, for example, bidding or direct matching.
Once completed, the young person will be registered and placed in appropriate priority banding. If there is reason to exclude the young person from the housing register, then an urgent professional meeting shall be called.
Any allocation will be discussed with the young person and their Personal Advisor. The young person will need to give consent for this information to be shared with their Personal Advisor in the first instance. Once consent is given, then all correspondence to the young person must cc the Personal Advisor (and vice versa), to enable the young person to be supported effectively.
In the event of a property being allocated prior to the young person’s 18th birthday, there will be discussion between the Senior Practitioner/Team Manager and Personal Advisor. Staffordshire County Council will function as guarantor (see below section & Care Leaver’s Guarantor’s guidance). If a young person is under 18 with a child, the local allocation policy will be referred to.
Floating support could be provided on an individual basis, subject to additional approval. If it is felt that the young person will need floating support, this needs to be discussed at the earliest opportunity to allow for planning, preferably to be made clear when the housing application is first submitted and when initial discussions with housing colleagues and Staffordshire County Council take place.
Once a property has been allocated a pre-sign-up support meeting will be arranged by the Personal Advisor. This will be with all parties; the young person, the Personal Advisor, and representatives from the appropriate housing provider/department. At this meeting, any support arrangements will be discussed, if not done already as part of the above process.
If applicable, tenancy support will be discussed, and an additional support plan will be drawn up.
Should a young person not be allocated a property prior to their eighteenth birthday, it is possible that they may be able to remain in the accommodation that is currently being provided to them by Staffordshire County Council, until alternative accommodation is sourced. This will depend on the type of accommodation they are currently living in. If a young person does need to remain in their accommodation post 18, a claim for Universal Credit / Housing Benefit will be made to contribute towards the cost of their current accommodation. Any agreements for a young person to remain in the under 18 accommodations post 18, will be time limited and kept under review. This process will be monitored by Staffordshire County Council via weekly care planning meetings. Local Housing Authorities will be updated following each review.
The Independent Placements Overview Panel meets weekly and will track young people in transition from supported accommodation into housing arrangements and offer scrutiny advice and support where necessary. Any concerns will be escalated to Senior Managers both in Staffordshire County Council and the Local Housing Authority.
8.1. Local housing steering groups
This group facilitates joint working between Children's Services, Local Housing Authorities, and housing providers to assess the accommodation needs of our young people leaving care and preparing to live independently.
The Housing Personal Advisor chairs the group, and the panel and a young person's allocated Personal Advisor will attend the group on behalf of the young person, providing insight on the young person's readiness to live in their own accommodation and evidence that they have the necessary skills to maintain a tenancy, or would be able to live in their own accommodation if floating support were provided.
All proposed social housing nominations and proposals to secure accommodation in the private rented sector (PRS) should be brought to the Local Housing Steering Group.
The young person will have been expected to have already completed the appropriate consents, housing application and provided the required further supporting information about their readiness for a tenancy such as a recommendation from their Personal Advisor, proof of finances and rent statement. Before discussion commences within this group.
It is the responsibility of this group to decide the most suitable accommodation that should be offered to them. The Personal Advisor must be confident that their young person is ready to take this step. Prior to applying for housing accommodation our young people will need to demonstrate that they are ready to maintain a tenancy. This could be through: -
- Completing the Independence Programme and demonstrating these independence skills in their current accommodation.
- Demonstrating the ability to manage their money well, including paying rent and service charge or bills on time, and to not be in arrears.
- Evidence being able to manage a tenancy, including being considerate to neighbours and not involved in anti-social behaviour, being able to book appointments for themselves and follow up on necessary tasks to support a clean and healthy living environment.
- Being involved in education, employment, or training, or working towards this with support of professionals.
Completion of further training and any additional support identified in the young person’s Pathway Plan.
This multi-agency group will use their professional judgement to recommend the best housing option for our young people.
Where required the Housing Steering Group will include colleagues from other services to consider more complex issues for young people and where move on is more challenging. For these meetings, any relevant services are also invited to discuss the young person and feed into accommodation planning.
The Housing Personal Advisor and the Senior Children’s Services Practitioner will attend each group to ensure they have management oversight, as well as providing advice and support for our young people with more complex housing issues and those not ready for independent living.
The terms of reference for the Staffordshire Housing Partnership (Young People) can be found at (Appendix 7)
8.2. Staffordshire County Council - Guarantors
Staffordshire County Council may decide to function as a rent guarantor on behalf of a young person, where there is no family member or other suitable person willing or able to do so. A tenancy can only be granted to someone who is over 18. Each situation will be considered on an individual basis.
Any guarantee provided is as a last resort and is intended as a short-term measure to allow the young person time to address the financial issue that is preventing them from entering a tenancy without a guarantor.
The young person’s Personal Advisor will complete the Guarantor Application Form with the young person to ensure that they are able to demonstrate a clear understanding and accurate account of their financial situation.
If there is an occasion where a Personal Advisor will need to use the above, they will need to seek approval from the relevant District Lead or Senior Practitioner.
9 - Homeless pathway
9.1. Early intervention tools
This section outlines some of the tools available and interventions that may be put in place to prevent a care leaver from becoming homeless. These include: -
- Arranging the provision of tenancy sustainment / floating / additional targeted and focused support. Particularly at the start of a tenancy to help the young person settle in, or to assist through any crises that may put the tenancy at risk. Providing a step-up and step-down approach flexibly to match the young person’s needs.
- Providing the landlord with contact details for the Personal Advisor, with our young person’s consent, as part of their Pathway Plan. To enable any issues to be addressed early as part of this joint protocol multi- disciplinary team model.
- Setting up Alternative Payment Arrangements (APAs), as our young people are vulnerable individuals, to enable the housing costs component of Universal Credit to be paid directly to the landlord where appropriate before the young person to falls into housing arrears.
- Arrange the provision of mediation support where a tenancy, placement or return to a family home is at risk of breaking down.
- Ensure budgeting and financial inclusion support is available to assist with day-to-day budgeting or where a young person is struggling to manage rent or other costs. Ensuring that an honest affordability assessment has been completed with the young person prior to signing up to a tenancy.
- Referral to the Local Housing Steering Group to track and review our young people, particularly those at elevated risk of eviction, involving local providers of housing support.
- Arrange a tenancy surrender scheme to enable our young people who might otherwise be evicted, to surrender their tenancy and return to a more supported environment.
- Identified trigger points at which partners of the protocol will notify one another of any risk of homelessness that may arise.
9.2. Joint working to deliver homelessness reduction act duties
Where our young person is eligible for assistance and is threatened with homelessness within 56 days or has become homeless, they are entitled to receive support from the Local Housing Authority to either prevent or relieve their homelessness.
In Staffordshire, the Local Housing Authorities and Children’s Services work together to prevent homelessness for our care leavers. For those young people who are aged between 18-25 presenting as homeless either via Housing or via Children’s Services, there would be an immediate joint discussion about the most suitable route for the individual.
Where a care leaver is eligible for assistance and is threatened with homelessness within 56 days or has become homeless, they are entitled to receive support from the Local Housing Authority to either prevent or relieve their homelessness.
The young person’s Pathway Plan, post 18, has information and relevant consent agreements in place with the young person to enable the Personal Advisor to consult with the relevant and appropriate professionals who are involved in the young person’s Pathway Plan in reciprocal manner. For example, agreeing for their landlord to contact their Personal Advisor directly if any concerns arise regarding the conduct of their tenancy. This will enable the Personal Advisor to collaborate with the young person to resolve any issues at an early stage, preventing any tenancy enforcement actions and escalation.
This could be providing joint planned interventions with the housing provider around: -
- Rent arrears.
- Anti-social behaviour.
- Property damage.
- Potential eviction action.
If a young person has been assisted under the process as laid out above and then subsequently presents as homeless later, they will be given further opportunity to engage with any support available and will retain their status as a care leaver. This extends to people aged 21 or more who are vulnerable because of having been looked after, accommodated, or fostered. Those who are returning for support can also be referred to the Housing Personal Advisor.
The Local Housing Authority should ensure that the young person is made aware of the next step in the process and that a Social Worker/Personal Advisor will conduct an assessment to verify the next course of action to be taken.
This could include: -
- Prevention work.
- A request for support with emergency accommodation,
- Further work by Housing to consider whether there is a duty owed to the young person, under Homelessness legislation
Our joint approach means that we will work together to support care leavers threatened with becoming homeless. Homelessness code of guidance for local authorities - Chapter 22: Care leavers - Guidance - GOV.UK lays out the good practice guidance in this area.
This protocol allows for arrangements to be in place for the Local Housing Authority to notify and involve Children Services (with consent) when a care leaver applies to them for homelessness assistance.
For our young people taking the route of accommodation via the Local Housing Authority (unless the young person does not want to engage with Children’s Services) the option of a Pathway Plan and an allocated Personal Advisor is still available. A joint interview and joint working arrangements should be arranged to support the young person without delay.
The steps that will be taken where there is a risk of duties to the young person may be limited due to the possible situations: -
- Refusal of a suitable offer of accommodation.
- A decision that the young person is ‘intentionally homeless.’
- A young person becoming ineligible for assistance due to a change in their immigration status.
- The young person’s deliberate and unreasonable refusal to co-operate with the steps taken to prevent or relieve homelessness.
9.3. The 'Duty to refer'
The ‘Duty to Refer’ is a crucial component, ensuring that various public authorities consider housing needs and work together to prevent homelessness effectively.
In the event that the young person is threatened with homelessness within 56 days or are homeless, then a homelessness referral must be made under the ‘Duty to Refer’ A guide to the duty to refer - GOV.UK to the relevant Local Housing Authority.
The Homelessness Reduction Act 2017 placed duties on Local Housing Authorities to intervene at earlier stages to prevent homelessness and provide homelessness services to all those who are eligible. The ‘Duty to Refer’ will help to ensure that services are working together effectively to prevent homelessness by ensuring that peoples’ housing needs are considered when they encounter public authorities. All ‘Duty to Refers’ are received by the Local Housing Authority.
The young person will be assisted by their Personal Advisor to make a homelessness application (the contact details for each Staffordshire Local Housing Authority can be found in Appendix 3). The Personal Advisor will also need to complete a referral to the Housing Personal Advisor for the case to be considered at the Local Housing Steering Group.
When our young person approaches a service outside of Homelessness or Children’s Services and is at risk of homelessness, that service should ascertain the details regarding the young person’s circumstances and consider, with appropriate consent, whether a ‘Duty to Refer,’ needs to be completed.
That service / provider should ensure that the young person is fully aware of the purpose of the ‘Duty to Refer’ and gives consent to share and submit the required information.
The ‘Duty to Refer’ will then be submitted to the Local Housing Authority. Where more than one professional is supporting a young person a joint ‘Duty to Refer’ can be completed.
9.4. Intentional homeless decisions
All attempts should be made by Local Housing Authorities to avoid the impact of intentionally homeless decisions in relation to our young people aged 18-25. The Local Housing Authority will make all attempts to avoid the impact of an intentionally homeless decision, for instance with assistance under prevention and/or relief duties as per the Homelessness code of guidance for local authorities - Guidance - GOV.UK.
To inform the assessment the Local Housing Authority will consult with Children’s Services and obtain advice and information as to the young person’s needs, where possible and consented to.
The Staffordshire Joint Housing Care Leaver (18-25) Protocol acknowledges that the Director or Assistant Director, from both the Local Housing Authority and Children’s Services should be informed of any negative intentional homelessness decisions made about our young people. Before the senior leaders sign off on a negative intentional homelessness decision for our young person, the senior leaders should review the circumstances that have given rise to the decision and take full account of their corporate parenting responsibilities, which must include considering any duties under the Children Act.
This might, for example, mean that Children’s Services provide accommodation as an alternative. Where a young person is living outside the Children’s Services authority area, the authority in which they now reside should contact the relevant corporate parent to seek joint sign off. Homelessness code of guidance for local authorities - Chapter 22: Care leavers - Guidance - GOV.UK.
Should a young person be assessed as being intentionally homeless; the Personal Advisor will ensure they have a Decision Letter that gives the reasons for the decision, to assist if any challenge can be made. This would consider the age of the young person, life experiences that may have impacted upon their ability to maintain a tenancy and if they need support in seeking legal advice and advocacy. The Personal Advisor would also explore if they were able to access any Bond Scheme to secure a private tenancy.
9.5. Rough sleeping
If one of our young people are found sleeping rough in Staffordshire, the professional who found that young person would be required to complete the ‘Duty to Refer,’ with consent from that young person, to ensure that a statutory homelessness application would be undertaken. This would identify if there were a care history as part of the homelessness assessment. There would be an immediate alert shared with Children’s Services where a joint decision would be made about immediate accommodation and future accommodation options.
That professional must also use their professional judgement to decide if that young person is safe and has an awareness of how to keep themselves safe in their current environment. If the young person is identified as having increased risk due to their amplified vulnerability as a young person sleeping rough, a referral to the safeguarding team should also be completed without delay.
10 - Dispute resolution
The protocol aims to minimise disputes and encourages open and respectful dialogue. Conflicts may arise from the young person’s initial assessment and any of the three parties, Staffordshire County Council/Local Housing Authority and/or the young person may escalate their concerns about the decision or practice of any other agency.
A dispute may be escalated through the stages below to seek resolution: -
- Discussion between operational front-line practitioners.
- Discussion between direct line managers to explore strategic solutions and compromise.
If a resolution cannot be reached a discussion will take place between the relevant District Operational Leads.
Staffordshire Safeguarding Children Partnership ‘Escalation Procedure’ (2019) will be used to take forward the most serious concerns or intractable problems. Follow the link to view SSCP Inter-agency procedures: Section 7 - Appeals/Professional Disagreements.
A record of any disagreement which is escalated to Stage 3 or later will be submitted to the Staffordshire Housing Partnership (Young People) - Strategic Group for reflection, review, and discussion.
A third-party complaint from a family member received by either authority will be subject to the authority’s internal complaint’s process to examine the actions of their officers, considering the aims of the protocol.
Appendix 1 - Legal context
This provides a short summary of the provisions of the Children (Leaving Care) Act 2000 and Parts 6 & 7 of the Housing Act 1996, as amended).
The Leaving Care Act has two main aims: -
1. To ensure that Young People do not leave care until they are ready.
2. To ensure that Young People receive more effective support once they have left.
- Young people’s experience of leaving care should be properly planned, and Care Leavers should not become homeless when they reach the age of 18 and should have a Housing Plan.
- Young people should be properly prepared for independent living, and the monitoring / support systems should be put in place to ensure that they are able to successfully manage and sustain their tenancies.
- Young people leaving care should not become homeless from their social rented housing.
Relevant legislation and statutory guidance
This document refers to the following legislation on the legislation website.
- Housing Act 1996 - Part 6 (Allocations) and Part 7 (Homelessness) as amended by the Homelessness Reduction Act 2017
- Homelessness (Priority need for accommodation) (England) Order 2002
- Children Act 1989
- Children (Leaving Care) Act 2000
- Children and Social Work Act 2017 - Sections 1, 2 and 3
The following is a list of statutory guidance that this document refers to on GOV.UK:
- Homelessness code of guidance
- Applying corporate parenting principles to looked after children and care leavers
- Children Act 1989: Care planning, placement, and case review
- Children Act 1989: Transition to adulthood for care leavers
- Extending personal advisor support for all care leavers to age 25
- Local offer guidance
Children and Social Work Act 2017
The Children and Social Work Act 2017 (CSWA) strengthened the role of local authorities as corporate parents and applies to all local authorities as set out in section 1(3) of the Act.
Corporate parenting means local authorities doing the most they can for looked after children and care leavers, to give them the same opportunities as other children and promote the best possible outcomes.
The Act sets out corporate parenting principles to be applied when supporting children in care and care leavers. In carrying out their functions, the local authority must have regard to the following needs: -
- To act in the best interests, and promote the physical and mental health and well-being, of those children and care leavers.
- To encourage those children and care leavers to express their views, wishes and feelings.
- To consider the views, wishes and feelings of those children and care leavers.
- To help those children and care leavers gain access to, and make the best use of, services provided by the local authority and its relevant partners.
- To promote high aspirations, and seek to secure the best outcomes, for those children and care leavers.
- For those children and care leavers to be safe, and for stability in their home lives, relationships and education or work.
- To prepare those children and care leavers for adulthood and independent living.
The DfE statutory guidance on applying corporate parenting principles to looked after children and care leavers stresses the importance of joint working in supporting care leavers to navigate their way through the transition to adulthood: -
Good preparation, a gradual transition and flexible ongoing support are key to helping care leavers achieve a successful move to independent living. The most effective local authorities establish joint working arrangements between children’s services, housing and other specialist services to help care leavers prepare for the realities of living independently, involve them in planning and decisions about their housing options, ensure suitable housing and support is in place and are ready to respond with contingency arrangements if things do go wrong. (Applying corporate parenting principles to looked after children and care leavers - Chapter 2).
The CSWA also extended the provision of Personal Advisor support to care leavers up to the age of 25. A care leaver can choose if they wish to take up this offer. Local authorities have a duty to provide care leavers with Personal Advisor support and a Pathway Plan up to their twenty first birthday.
The Local Offer
Local authorities are required under section 2 of the Children and Social Work Act 2017 to publish a local offer, which sets out the services and the support available for care leavers.
The local offer should include information on how care leavers are supported to access suitable accommodation, including the support available from housing services. Joint housing protocols should be aligned with the local offer and can help to ensure that the commitments to support care leavers to access and sustain accommodation are met.
Local authorities should consider providing a link to the joint protocol within the local offer so that care leavers, advocates and other professionals can have access to the document.
The Homelessness Reduction Act 2017
The Homelessness Reduction Act (HRA) amended the Housing Act 1996, introducing significant new duties for Local Housing Authorities and partners. Particularly relevant for care leavers are:
- a duty to provide advice and information on homelessness free of charge to all residents, including advice to meet the needs of care leavers.
- duties to help prevent and relieve homelessness for those who are eligible irrespective of priority need or intentional homelessness. Provision of a Personalised Housing Plan to applicants threatened with homelessness or who are homeless, which sets out the steps the local authority and applicant will take to prevent or relieve homelessness.
- Changes in local connection requirements for care leavers which provide more choice to those who have lived out of the placing authority area, or who are looked after by a County Council within two-tier areas.
- A ‘Duty to Refer’ placed on specified public bodies, including Children’s Services, where their service users are homeless or threatened with homelessness.
- The Homelessness code of guidance was revised in 2024 to reflect changes introduced in May 2024. Chapter 22 of the Code focusses specifically on Care Leavers. The Code outlines the importance of joint working when planning housing options for care leavers and states that: -
“By working together, Local Housing Authorities and Children’s Services can better ensure that as a corporate parent, the appropriate accommodation and support is available to Care Leavers. (Homelessness code of guidance - Chapter 22: Care leavers)”
Appendix 2 - Definition of Care Leavers
Legal definition still refers to “Care Leavers”, with that in mind the protocol had to remain with that title, until such a time that legislation refers to young people who have experienced care through a differing definition. Please find a short summary of the definition of the young people that this protocol applies to: -
Definitions the Local Authority has a duty towards eligible, relevant, former relevant and qualifying children: -
- Eligible children: a young person still in care aged 16 and 17 who have been looked after for (a total of) at least 13 weeks from the age of 14.
- Relevant children: a young person aged 16 or 17 who have already left care, and who were looked after for (a total of) at least 13 weeks from the age of 14 and have been looked after at some time while 16 or 17.
The leaving care provisions of the Children Act require that relevant children are provided with, or maintained in, suitable accommodation unless the local authority is satisfied that their welfare does not require it. To be suitable, accommodation must be reasonably practicable for the young person given their needs and the local authority must be satisfied as to the suitability of any landlord.
These arrangements should be detailed in the young person's active Pathway Plan. It would not be appropriate for 16- or 17-year-olds to be given the responsibility of sustaining their own tenancy without appropriate support, nor would bed and breakfast accommodation be considered suitable.
- Former relevant children: a young person aged 18-25 who have been eligible and/or relevant children in care - young people who are looked after by a Local Authority either through a compulsory care order or remanded or accommodated by voluntary agreement including accommodation under section 20 of the Children Act.
Children’s services have a duty to assist a former relevant child, to the extent that their welfare or education/training requires it, by contributing to the expenses of living near the place where they are working, looking for work, or receiving education or training.
Persons qualifying for advice and assistance means a person who is aged at least 16 but is under 25, with respect to whom a special guardianship order is in force (or was in force when they reached 18) and was looked after immediately before the making of that order, or at any time after reaching the age of 16 but while he was still a child was, but is no longer, looked after, accommodated or fostered.
Vacation accommodation
If a former relevant child is in full-time higher education or residential further education in accordance with their Pathway Plan, and their term-time accommodation is not available, the responsible authority has a duty to provide accommodation during vacations, or to pay the young person enough to secure accommodation for themselves. This could enable a care leaver to continue in education and not become homeless during the holidays. The duty continues for as long as they continue to pursue the course of education.
Staying put arrangements
Where a former relevant child and their local authority foster carer wish to continue to live together after the child ceases to be looked after, the responsible local authority has a duty to monitor any such 'staying put' arrangement, and to provide advice, assistance and support to enable the arrangement to continue.
Appendix 3 - Flow chart
Appendix 4 - Useful contacts and key partners
Cannock Chase District Council
Civic Centre
PO Box 28
Beecroft Road
Cannock
WS11 1BG
Phone: 01543 462621
Out of hours emergencies: 01543 462621
Website: Housing | Cannock Chase District Council
East Staffordshire Borough Council
Customer Services
Market Place
Burton Upon Trent
DE14 1HA
Phone: 01283 508120
Out of hours emergencies: 01283 508126
Website: Housing and property | ESBC
Lichfield District Council
District Council House
Frog Lane
Lichfield
WS13 6YX
Phone: 0333 220 3088
Out of hours emergencies: 01543 574480
Website: Housing and homelessness
Newcastle-under-Lyme Borough Council
Newcastle Housing Advice
Castle House
Barracks Road
Newcastle-under-Lyme
ST5 1BL
Phone: 01782 717717
Out of hours emergencies: 01782 615599
Website: Newcastle Under Lyme - Home
South Staffordshire District Council
Wolverhampton Road
Codsall
Wolverhampton
WV8 1PX
Phone: 01902 696504
Out of hours emergencies: 01902 696504
Website: Housing | South Staffordshire District Council
Stafford Borough Council
Civic Centre
Riverside
Stafford
ST16 3AQ
Phone: 01785 619000
Out of hours emergencies: 01785 619170
Website: Housing | Stafford Borough Council
Staffordshire Families Integrated Front Door Service
Tel: 0300 111 8007
Out of hours 0345 604 2886
Website: Staffordshire families integrated front door service