Joint Working Protocol to Prevent and Resolve Homelessness for 16 and 17-year-olds

This is a joint working protocol between Children's Social Care (CSC) and the Neighbourhoods and Housing Service (HS) detailing responses to young people who are aged 16 and 17 who are homeless or threatened with homelessness. The protocol will set out the requisite action to be taken where a young person aged 16 or 17 approaches the local authority for assistance with homelessness and or the threat of homelessness. (Refer to Appendix 1 & 2).

The protocol has been introduced in response to the House of Lords Judgement of May 2009 in the case of R (G) v Southwark [2009] UKHL 26 and the subsequent joint guidance issued by the Department for Education (DFE) and Ministry for Housing Communities and Local Government (MHCLG) about the duties of children's services and local housing authorities.

The judgement clarified the legal responsibilities of Children and Young People's services towards homeless 16- and 17-year-olds and the inter-relationship between duties under the Children Act 1989 and the Homeless Legislation in Part 7 of the Housing Act 1996 as amended by the Homelessness Act 2002. Consideration has also been given to D v Essex July 2019.

Homelessness is damaging to young people's personal, social, and economic development and wellbeing. Hull City Council believes homelessness should be prevented wherever possible and young people supported to live at home [where safe to do so] or leave in a planned way avoiding crisis.

Children's Social Care and Housing Services will work closely together to provide integrated and preventative responses to young people and their families at the earliest opportunity to reduce the numbers of 16- and 17-year-olds who are homeless or threatened with homelessness.

Unless there is clear evidence to the contrary, the starting point should be that all children and young people are best off with their immediate families. Every effort should be made to mediate between young people and their families to negotiate a return home. Where young people are unable or unwilling to return to their immediate families, they should be supported to explore with wider family members; the possibility of staying with them.

Where a young person is assessed as homeless and is unable to return home, the Southwark judgement clarifies that Children's Social Care need to undertake an assessment of need including whether provision of accommodation by the Local Authority is appropriate under the Children Act 1989.

Young people's wishes and feelings will be always taken into consideration, but this must be balanced with their needs.

Where homelessness, or the threat of homelessness is established the young person will be provided with the opportunity to meet and discuss their options with an independent advocate within 5 working days to provide them the time to consider their options fully and ensure they have had full information and have made an informed decision. A young person over 16 years can ask to be supported under the Children Act 1989 section 20 at any point in this process.

The protocol is concerned with the legal duties set out in the Children Act 1989 relating to children in need who require accommodation and Part VII of the 1996 Housing Act, as amended, relating to young people who are homeless or threatened with homelessness who approach either authority requesting housing assistance.

The protocol reflects the judgement made by the House of Lords in (G) v Southwark and the statutory guidance updated April 2018 issued by the Secretary of State for Education and the Secretary of State for Housing, Communities and Local Government, Prevention of homelessness and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation'.

Legislation and statutory guidance are clear that the primary responsibility for a child in need who requires accommodation, including a 16- and 17-year-old who is homeless lies with the relevant children's services authority. The duty under section 20 of the 1989 Children Act takes precedence over duties contained within the 1996 Housing Act in providing for children in need who require accommodation and takes precedence over the general duty owed under section 17 of the Children Act to children in need and their families where a young person needs to be accommodated.

Section 20 (1) of The Children's Act 1989 states that: 

Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of:

1. There being no person who has parental responsibility for him;
2. His being lost or having been abandoned;
3. The person who has been caring for him being prevented from providing him with suitable accommodation or care.
   
   In addition, even if the criteria in section 20 (1) do not apply section 20 (3) requires that:
   
   
4. Any child in need within their area who has reached the age of 16 and whose welfare the authority considers is likely to be seriously prejudiced if they do not provide him with accommodation.
   
   In addition, section 20 (4) provides that:
   
   
5. A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.

If a young person in need requires accommodation as a result of any one of the factors set out above, then that young person must be provided with accommodation.

As a result of being accommodated by children's services for a continuous period of more than 24 hours the young person will become looked after if they consent. Whist accommodated under section 20 the young person is not eligible for welfare benefits, including housing benefits or housing costs under universal credit. Provision of 'accommodation' means that which is provided by CSC or TYS or a jointly commissioned supported accommodation offer.

Housing Legislation

Part VII of the Housing Act 1996 as amended by the Priority Needs Order 2001, the Homelessness Act 2002 and Homeless Reduction Act 2017 sets out the homelessness legislation. Housing authorities have a duty to ensure that accommodation is made available to people who are:

• Eligible for assistance
• Homeless or threatened with homelessness
• In priority need
• Are not intentionally homeless
• Have a local connection with the local authority

Where a young person 16 or 17 is homeless the lead agency is Children's Social Care (CSC) however the Housing Service delivered in partnership with the TYS also have duties towards young people who are homeless or threatened with homelessness. Duties owed by both services will depend on a range of factors requiring them to work closely together to assess needs, plan and provide a service centred on young people and their family's needs to achieve positive outcomes. 

The Duty to Refer, Homelessness Reduction Act (2017)

The Homelessness Reduction Act 2017 (HRA) places a duty on Children's Services to notify, with consent, the housing authority (in this case TYS) where they consider someone is or may be homeless within 56 days. (Section 213B of 1996 H Act). A referral of a 16/17-year-old under the 'duty to refer' does not diminish Children's Services duties and is not an alternative to a child in need or early help assessment.

Targeted Youth Support will discharge duties on behalf of the Local Housing Authority, Neighbourhoods & Housing Services. Where a young person aged 16 or 17 approaches TYS for accommodation, or help with obtaining accommodation, TYS will treat this as an application for assistance under Part 7 of the 1996 Act. Under section 184, if TYS have reason to believe the young person may be homeless, or threatened with homelessness, they must make inquiries to determine what duties, if any, are owed to them.

An initial screening will take place to ascertain the young person's support needs and the wishes and feelings of the child and their parent/carer.

The Targeted Youth Support worker should check the Liquid Logic Electronic Case File System to establish if the young person is already known to CSC or Early Help services and their history. TYS will undertake immediate prevention/mediation work with the young person and their parent/carer to look at the young person remaining at home if there are no safeguarding concerns identified, this may involve including other members of the family.

Ongoing support and services will be provided by TYS to prevent the risk of homelessness and/or to assist young people develop their independent living skills to enable future housing moves where required to be made in a planned way, with planned actions set out in the Personalised Housing Plan. At this point if immediate homelessness or the threat of homelessness is established TYS will seek consent and inform the young person they are making a referral to the Early Help and Safeguarding Hub (EHASH) for a request for a Children's Social Care Assessment. (Refer to appendix 1 & 2).

If the young person is eligible and is (or may be) homeless and, by virtue of being 16-17 years old may have a priority need, TYS will have an immediate duty to secure interim accommodation (section 188(1) or section 189(B) of the Housing Act 1996). In considering the suitability of accommodation authorities should bear in mind that 16- and 17-year-olds who are homeless and estranged from their family will be particularly vulnerable and in need of support. TYS will be unable to determine whether a 16-17-year-old has priority need under part 7 Housing Act 1996 Act until a child in need assessment has been completed. It is therefore essential that referrals are made, and assessments completed in a timely manner.

The Homelessness (Priority Need for Accommodation) (England) Order 2002 provides that the following have a priority need for accommodation for the purposes of Part 7 of the 1996 Act:

1. A child aged 16 or 17 who is not a relevant child for the purposes of section 23A of the Children Act 1989 and is not owed a duty to provide accommodation under section 20 of that Act (provision of accommodation for children in need);
2. A person (other than a relevant student) who:
   1. Is under twenty-one; and
   2. At any time after reaching the age of sixteen, but while still under eighteen, was, but is no longer, looked after, accommodated, or fostered.

TYS will be unable to determine whether a 16-17-year-old has priority need under part 7 Housing Act 1996 Act until a child in need assessment has been completed. It is therefore essential that referrals are made, and assessments completed in a timely manner.

If the outcome of the initial TYS assessment is a finding that a young person is homeless but not eligible for housing assistance or is a 'relevant child' owed an accommodation duty under the 1989 Children Act, immediate arrangements must be made for them to receive assistance from CSC.

Young people who are eligible for homelessness services will also be referred to the EHASH during the prevention or relief stages as set out below. There will also be circumstances in which a further referral is needed if they do not have an allocated worker including for young people who have declined to become looked after but subsequently lose accommodation or are no longer owed a duty by housing services.

The fact that a young person may be reluctant to engage with CSC should not be a basis for assuming that the young person has rejected any children's services' intervention to provide them with accommodation. In these circumstances, the assessment will need to involve careful recording of the attempts to engage with the young person to assess their needs to determine and provide appropriate services.

Where TYS provides accommodation for a child in need of an immediate housing provision, including where the young person having been offered accommodation has declined to be accommodated under section 20, children's services will need to consider the provision of services under section 17 of the 1989 Act. CSC will continue to work with TYS during the assessment period to ensure the young person's needs are met.

Family and or Landlord Mediation will be offered and an allocated TYS officer made available to all young people and families consenting to work with the TYS mediation service to reconcile differences. If the TYS officer has reason to believe there are wider safeguarding issues they should discuss this with their Team Manager and determine if further support from CSC is required. 

Where a housing need remains; work will be completed by TYS with the young person and their families to provide advice and information to facilitate a more planned and positive transition from home aiming to avoid crisis through improved preparation of young people to move on to more independent forms of accommodation.

Where any safeguarding concerns emerge during their work undertaken with a 16- or 17-year-old, TYS will make a referral to children's services according to local safeguarding procedures. 

Homeless Reduction Act - Prevention and Relief Duties. Duties towards people that are homeless or threatened with homelessness were incorporated within Part 7 of the Housing Act 1996 by the Homelessness Reduction Act 2017. These include duties to: 

1. Undertake assessments; 
2. Develop personalised housing plans; and 
3. Take reasonable steps to prevent homelessness (for applicants who are threatened with homelessness) or relieve homelessness (for applicants who are already homeless). 

Young people who are eligible and homeless, or threatened with homelessness will have an assessment of their needs completed by TYS to establish:

1. The circumstances that have caused them to be homeless or threatened with homelessness;
2. Their housing needs, and what accommodation would be suitable for them, their household and anybody who might reasonably be expected to live with them; and
3. The support that would be necessary for them, and anybody who will be living with them, to have and sustain suitable accommodation. 

If a young person who applies or is referred to TYS is not homeless, but is threatened with homelessness within 56 days, a prevention duty will be owed irrespective of whether the young person is likely to have a priority need. 

A Personalised Housing Plan will be developed with the young person, setting out the reasonable steps that TYS and the young person will take to try and prevent them from becoming homeless. Any steps that the young person is required to take should be proportionate to the age, understanding and assessed capability of the young person to undertake the actions. Other relevant people, for example parents or social workers, may also be requested to take actions as appropriate. 

If a young person is already homeless when they seek help, or they become homeless despite efforts to prevent it, TYS will attempt to relieve their homelessness by ensuring that suitable accommodation is made available to them. A Personalised Housing Plan will also be produced or amended to reflect the changes in housing circumstances. While a Personalised Housing Plan is prepared, a referral will be made to EHASH to commence a joint visit/discussion with the young person and TYS. This will be within 1 hour if the young person has presented at Kenworthy House and emergency accommodation should be provided where necessary. (Refer to appendix 1 & 2. Ia child in need assessment has not already been completed one should be commenced immediately. 

Where a 16 or 17 year old seeks help or is referred as homeless or threatened with homelessness, and it appears they have nowhere to stay that night, CSC will request support from TYS to assist CSC to secure suitable emergency accommodation for them if it is decided that this is needed to promote their safety and welfare as they are "likely to be seriously prejudiced if they do not provide him with accommodation" (CA 1989). An assessment will begin to establish if they are homeless whilst their needs, including their need for continuing accommodation and support, are further considered.

The EHASH social worker should check the Liquid Logic System to establish if the young person is already known to CSC and their history, if they are open to CSC for continuity, their own Social Worker will undertake the joint assessment if they are not already a child looked after. For any child open as a child in need or subject to a child protection plan then the process of determining whether the child is accommodated under section 17 or section 20 remains the same.

Immediate same day contact will be made by CSC with parents/carers with parental responsibility to try and reunify the young person back home or identify relatives/friends where the young person could stay pending further assessment. This discussion should ideally take place at the parent/carer home however noting that time does not always allow for this. A family meeting needs to be arranged within 5 working days. Same day joint discussions (or within 24 hours) will take place between the young person, CSC and the TYS to commence the assessment.

If a referral is received from an external agency that there is an imminent threat of homelessness or if the young person is actually homeless, CSC will start a child in need single assessment on day one, contacting the TYS for assistance for appropriate housing provision. If they are threatened with homelessness EHASH will refer to the TYS for housing advice and commence prevention support jointly.

If CSC considers that a young person aged 16 or 17 may be homeless or threatened with becoming homeless within 56 days, or if a young person positively discloses this information, they will be required to ask the young person if they would like to be referred to TYS on the grounds that they are homeless or at risk. If they consent to a referral, CSC will be required to make the referral under the 'Duty to Refer', notifying the TYS of the reason for the referral and how the individual may be contacted. TYS will commence the process of recording within their own housing systems, and a joint assessment will commence if required with CSC.

CSC will work with TYS throughout the process of the joint assessment, planning and attempting to prevent or relieve homelessness so that the child in need assessment and personalised housing plan is co-ordinated. This will enable a focus on sharing information and working together to meet the needs of the young person which will involve undertaking an assessment, ensuring additional support services are identified including the Edge of Care service to commence family work, a family network meeting and any other actions required. This is likely to lead to better and more sustainable outcomes for the young person and family. 

The Social Worker (SW) and TYS officer will commence their respective assessments with the young person either on the day of presentation when homeless or at an early as possible planned appointment when threatened with homelessness. TYS will have made enquiries with the young person and their family, and the SW will have made enquiries of family members, agencies and have checked Liquid Logic LCS/EHM social care records. 

The joint assessment should assist TYS, CSC and the young person to consider the young person needs. Areas to be covered in the assessment are:

• Current situation - why the young person is presenting as homeless;
• Background history and family composition;
• Support needs;
• Vulnerability- whether there are any immediate concerns re learning needs, mental health, child protection or safeguarding;
• The young person's views- What the young person is saying re their need for accommodation;
• Views of those with parental responsibility- to ascertain if the young person can return home;
• The capacity of the young person to be able to understand and make an informed decision regarding section 20. Should a young person not have the cognitive ability or capacity then a capacity assessment will need to be undertaken, and the social worker have a clear view whether the young person needs to be accommodated under section 20 on the day of presentation.

CSC will be the lead agency and jointly with TYS will speak with the young person advising them of support that can be provided under the several options of enabling them to remain in their family home. These options are with family members or friends, appropriate housing if required, a Personalised Housing Plan, a CSC single assessment with the outcomes of an early help plan with TYS being the lead agency, a child in need plan with an allocated social worker or becoming a looked after child under section 20 with an allocated social worker.

Every 16-17-year-old assessed as being a child in need but who does not wish to be accommodated under section 20 should have a child in need plan setting out the services that will be provided to meet their needs. This will be dependent on whether the young person consents to a child in need plan. The social worker needs to ensure a capacity assessment is not required and the young person has the cognitive ability and capacity to make this informed decision and has access to an independent advocate. The provision of early help support under an early help plan may also be considered.

TYS will be unable to determine whether a young person aged 16 or 17 has priority need under the 1996 Act until a child in need assessment has been completed. It is therefore essential that referrals, assessments, and decisions are completed in a timely manner.

It is essential for TYS and CSC to communicate on joint planning and support to ensure plans and actions are clearly recorded and completed effectively in appropriate timescales to continue to reconnect the young person with family or other networks for longer term accommodation to minimise time needed in emergency accommodation.

Where a Young Person is unable to return home and they are unable to stay with friends or family, the record of the assessment decision and any attempts at reconciliation will be clearly recorded by CSC and TYS on the completion of their assessments. The young person will be guided through a range of options regarding accommodation that will identify their needs and match placements to meet those needs.

As a young person they have the right to consider whether they want to be accommodated under Section 20 of the 1989 Children Act at the point of being deemed as homeless (if they require continuous accommodation after 24 hours) and therefore interim accommodation shall be provided as per the duty pertaining to section 20 of the Children Act 1989 pending further assessment of need. There should be a joint discussion with the young person, CSC and TYS regarding their rights and entitlements, these choices must be presented as neutrally and impartially as possible. The Young person will be advised that the assessment will be ongoing and there will be ongoing discussions about their rights and entitlement throughout this process. A young person who declines Section 20 Accommodation and becoming a "looked after child" can be offered accommodation under S.17 CA 1989.

If a young person is considered homeless, requires immediate accommodation and wants to be accommodated under S,20 after a period of continually requiring accommodation after 24 hours, it will be explained to the young person that this will be reviewed at day 10 of the assessment. This will be to consider whether their homelessness has been or can be relieved through family work, assessment and support. The Head of service will lead this review and must retain fortnightly oversight in the first 6 weeks to ensure there is no drift and delay in the intensive support that is required during the assessment period. The social worker will also have requested for the matter to be discussed at the next Edge of Care Panel to look at additional support required to either enable the young person to remain with their family or reunify alongside any other additional support that can be provided. The single assessment where possible should be completed and signed by a Team Manager within 20 working days to avoid delay and a clear plan being in place.

If accommodation is required on the day of presentation and it is determined at that point that homelessness is established (attempts to contact family/reunify with family and friends have failed), CSC and TYS will work together to provide emergency accommodation. The young person will be advised that there will be ongoing attempts over the next 24 hours to alleviate their homelessness through family and friends but if this is not possible and they require ongoing accommodation after 24 hours, they will have rights and entitlement under S.20. The young person will be asked to consider this so that they can decide about being accommodated under S.20 if accommodation is still needed. If after 24 hours accommodation is needed this will require the CSC Team Manager/Group Manager seeking a discussion with the Head of Service who in turn will discuss with the Assistant Director in order to be satisfied that the young person is indeed at that point homeless and therefore has rights and entitlements under Section 20. If this is satisfied, then a discussion will take place with the young person regarding their rights and entitlements, and Section 20 accommodation will be offered. 

An immediate referral will be made to the children's Advocacy Service who should meet with the young person within 5 working days to go over their rights and entitlement with them to ensure they understand this.

Should a young person make the decision they do want to be accommodated under section 20 the CSC Team Manager/Social Worker will present the decision to the next Legal Gateway Panel for retrospective oversight.

Young people who indicate that they do not want to become looked after will also be made aware that they can request a re-assessment at a later stage if they revise their decision and decide that they would consider becoming a looked after child.

If the young person does not wish to be accommodated under section 20 and is judged to have the capacity to make that decision, they will be offered accommodation under S.17 pending the outcome of the assessment. A child in need plan will be put in place (if they consent to this), until they no longer require accommodation as they have returned home, or they reach the age of 18. In such cases, CSC and TYS will need to work together with the young person to ensure that they are not placed at risk of homelessness as they approach age 18.

If the young person is not deemed to require accommodation based on a joint assessment as the young person can safely return home to parents/carer or within their family network the Housing Options Team within TYS may with consent allocate a TYS officer to continue to work with the young person to provide additional support and prevent a future threat of homelessness. There may be instances where it is determined that a referral to CSC is required to support the young person and their family further if the case has not remained open.

Following a thorough assessment, family meetings and intensive support being provided, if it remains that the young person cannot return home a joint decision on appropriate accommodation options to meet the young persons identified needs will need to be explored for longer term placement options. Accommodation options include supported lodgings, supported housing and independent accommodation where suitable support is provided. TYS and CSC will update liquid logic clearly stating under which legislation and duties the young person has been placed.

The ongoing social work support will continue to focus on the reunification of young people with their family where possible, becoming looked after by the local authority does not mean this should be the case until, they are 18 years old if they can return home. This will need to be considered during case supervision between the Social Worker and the Team Manager to ensure that where appropriate, it remains a priority for the young person to return home to their family network. The young person's rights and entitlements should be re visited periodically and certainly during child looked after reviews so that they continue to be aware of all options available to them and are supported to make informed choices.

The National Standards for Youth Justice Services states that Youth Justice Services must, assess accommodation needs for young people prior to their transfer to the community, ensuring that satisfactory accommodation is available prior to release. Hull Youth Justice Services will complete the children's accommodation needs using the AssetPlus Assessment Tool.

Young people serving custodial sentences go through the following transitions:

• Community to custody;
• Custody back to the community;
• Community to mainstream services;
• And for some, from youth to adult services.

In order to achieve effective resettlement, partners (principally HYJS, Housing, TYS and Children's Social Care) will work together to ensure that young people have safe, suitable, and sustainable accommodation with support where appropriate secured ahead of young people's release from custody. Youth Justice Services will liaise with TYS and CSC as early as possible to ensure that an assessment of need can be undertaken, and appropriate accommodation is identified if the young person cannot return to family members or has a suitable place to reside. The assessment and planning should be undertaken so that the details can be provided to the secure establishment at the young person's Pre-release Meeting so it can be included on the young person's licence.

CSC have a duty to accommodate young people who were looked after or were relevant children when they entered custody or have become a relevant child by virtue of having been remanded into local authority care for 13 weeks or more, if they require accommodation on release.

A young person who is not already a looked after or a relevant child and may require housing accommodation on release must have a joint assessment as per this protocol to determine if they are homeless and if they require S20 accommodation if they consent. If they do not consent consideration will be given to duties owed under section 17 of the 1989 Children Act or under the Housing Act 1996 section 188(1) or 189(B).

In recognition of the specific vulnerabilities and safeguarding needs of young people aged 16-17 who are either pregnant or parenting, Hull City Council has established a joint working approach between Housing, Children's Services and Targeted Youth Support to ensure appropriate accommodation and support is provided.

Provision and Responsibilities:

• Children's Services will find specialist supported accommodation units if assessed as needed. If Safeguarding concerns are identified the Homeless Protocol will not apply and the assessment will take place under the Children Act 1989 S.17/47;
• The above may also include, 16/17 who are experiencing domestic abuse. Children's Services and TYS would be expected to work collaboratively with DAP in these circumstances;
• Children's Services retain the lead statutory responsibility under the Children Act 1989 to assess and safeguard young people in this cohort. This includes:
  • Section 20: Duty to accommodate children in need;
  • Section 17: Duty to promote welfare and provide family support;
  • S.47: Duty to Safeguard.

Joint Working Expectations:

• Where a young person aged 16-17 presents as pregnant and homeless, or is a parent with dependent children, Children's Services must initiate a Child in Need assessment immediately, if the young person does not consent consideration will be given as to whether this should be overridden or commence a S.47 enquiry;
• Children's Services/TYS, will provide interim accommodation where required, but this must be supported by a joint plan led by Children's Services to assess long-term needs and entitlements;
• Bed & Breakfast or hotel placements are not suitable for this cohort and must not be used. This is in line with guidance from the Ministry of Housing, Communities and Local Government (MCHLG), which states that such placements are inappropriate and may breach statutory duties;
• A multi-agency support plan must be developed, including input from midwifery, health visitors, and early help services.

Safeguarding and Escalation:

• If Children's Services determine that the young person or their child is at risk, accommodation must be provided under Section 20 of the Children Act;
• TYS will continue to support the housing element but safeguarding and welfare planning must be led by Children's Services;
• Any disputes regarding responsibility or placement suitability must be escalated through the internal dispute resolution process outlined in Section 13 of this protocol.

Out of Hours Access - where a young person presents as homeless outside of office hours, the priority must be the safety and well-being of the young person, and where needed, housing accommodation or accommodation under section 20 if there are immediate safeguarding issues will be provided until the next working day. All out of hour's enquiries are made to the Emergency Duty Team (EDT). If these options are not available, not suitable or refused by the young person EDT will contact the local Housing Authority for assistance or source an alternative from CSC. Bed and Breakfast provision is not deemed as suitable and are not used within Hull due to the range of other options available.

EDT will undertake initial enquiries with the young person and their family/carer to establish if the young person is at risk of homeless and cannot safely return to a parent/carer/family member. Should the young person present on a Friday evening or the Saturday this will include a face-to-face visit with the young person by an EDT worker and an immediate referral for an Edge of Care worker to commence family work over the weekend period to establish initial homelessness.

EDT will ensure CSC and TYS are aware of the young person accessing the service the next working day, passing on communications with the accommodation provider. CSC and TYS will then commence a joint assessment the next working day and the normal process will be followed. 

16 and 17-year old's who were living in one local authority area and moves to another local authority area and seek assistance from children's services in that local authority, the duty to assess falls on the authority area in which the young person is. The authority cannot refuse to consider the young person's immediate needs and expect them to return to the authority in the area presumed to be their 'home' district.

If during assessment it becomes clear that young people are ordinarily resident elsewhere, the decision may be made by CSC to return these young people to their home area if it is safe to do so. Enquiries should be made by CSC with the "home authority" for them to take over the assessment of their needs so that a young person may be assessed in a familiar setting close to their family and friends where appropriate.

It is essential that disputes about responsibility for the young person in the medium term should not get in the way of the authority that received the young person's request for assistance responding to the young person's immediate needs. The young person concerned must not be passed between local authorities and services whilst a decision is reached about which authority is responsible for assisting them.

Young people will be given full information about the support that they could receive to help them make a fully informed decision. This must include information outlining support to return to their parent/carer or within their family/friend's network, early help, section 17, section 20, leaving care and assistance available under Part 7 of the 1996 Housing Act. Staff will be trained to understand the different legislation and how it affects young people.

It is essential that the young person is fully consulted with and understands the implications of being accommodated by children's services and becoming looked after. The social worker (and TYS) leading the assessment must provide full information about the package of support that the young person can expect as a looked after child and, subsequently, as a 'former relevant' care leaver (as defined in section 23C (1) of 1989 Act). If they are not looked after for the prescribed period, the young person leaving care would be a 'person qualifying for advice and assistance' as set out in section 24 of the 1989 Act.

Young people's wishes and feelings will be taken into consideration at all times, but this must be balanced with their needs. An example of this is that information about vulnerable young people must be shared between agencies and those with Parental Responsibility whether or not the young person gives consent.

Where homelessness or the threat of homelessness is established the young person will be provided with the opportunity to meet and discuss their options with an independent advocate within 5 working days to provide them the time to consider their options fully and ensure they have had full information and have made an informed decision. A young person over 16 years can ask to be supported under section 20 at any point in this process.

CYPFS and TYS will work together to ascertain the young person's wishes and feelings regarding the provision of accommodation giving due consideration (having regard to their age and understanding) to such wishes and feelings as they have been able to ascertain.

The single assessment outcome will be explained to the young person and their family where appropriate at the earliest possible opportunity.

TYS will continue to provide support under a Personal Housing Plan and if a young person decides they do not want a service under section 17 or section 20 subject to consent. Young people are entitled to seek advice where CSC do not make a section 17/20 decision against the wishes of the young person and where the TYS believe the young person is S17/S20 this can be escalated by:

1. Young person being advised of their right to complain about the assessment process using NYAS (National Youth Advocacy Service) - 0808 8081001;
2. YTS using the internal escalation process.

There may, on occasion, be disagreement between workers in TYS, Neighbourhoods & Housing and CSC on how the protocol is being administered or on how a young person is being advised and supported. If these cannot be resolved by team managers, then they should be escalated to the relevant service/group managers and the relevant Heads of Service following the internal escalation process.

Implementation of this protocol will include presentations and briefings to the relevant staff and wider service areas by CSC and TYS leads. The protocol will be subject to a review on an annual basis from October 2022. 

Hull City Council needs to collect information about the people it works with in order to carry out its functions and deliver services to our residents. Hull City Council through its policy, procedures and training will make all efforts to:

• Comply with the law and good practice;
• Respect individual's rights and protect their privacy;
• Be open and honest with people about the data we hold;
• Ensure employees handling personal data have training and support that allows them to act confidently and consistently.

At the heart of data protection is the need to protect people's personal information and treat it with respect. Where the Council collects and uses personal data it will strive to work in accordance with the 6 data protection principles of the GDPR/DPA. The GDPR provides individuals with expanded rights over how their personal information is processed. Where a data subject approaches the Council wishing to exercise any of these rights the request must be passed immediately to the Information Governance Team at Information@hullcc.gov.uk.

Day 1-2

1. Young person presents as homeless to TYS and risk of homelessness is established. TYS refers young person to EHASH clearly stating they are homeless and/or have additional needs. TYS will commence a Personalised Housing Plan considering dimensions of need and will evidence their initial screening of discussions/meetings already held with the young person, parent/carers and any wider family network discussions which has established the homelessness. See Appendix 2;
2. Young person presents as homeless to CSC, they will contact the TYS with consent to start the joint assessment (Children Social Care Assessment and the Personalised Housing Plan), which must be started on day one;
3. A joint visit with the young person will take place between a social worker and TYS the same working day. Only by exception will this take place on day 2. The young person will also be seen at the accommodation on day 1 if this is provided. This includes a visit by the EDT worker if a young person has presented on the Friday evening or weekend;
4. The Social worker will make immediate contact with family and friends to begin discussion about the young person returning home or to extended family/friends. This should be face to face wherever possible;
5. If a return home is not possible on day one leaving the young person roofless, emergency accommodation will be provided to promote their safety and wellbeing. TYS will assist CSC by referring to HRS Commissioned Supported Housing Provisions to secure suitable accommodation including a range of suitable accommodation options to be considered that would include regulated or non-regulated provision such as supported lodgings and other options via placement team';
6. The 'Homeless Advice Leaflet' Information on Support for 16- and 17-year-olds (Rights and Entitlements) is to be used during the joint visit by CSC as the lead agency and TYS to explain the services the young person may be entitled to receive to help them make an informed decision. The young person will be advised that there will be ongoing attempts over the next 24 hours to alleviate their homelessness through family and friends but if this is not possible and they require ongoing accommodation after 24 hours, they will have rights and entitlement under S.20. The young person will be asked to consider this so that they can decide about being accommodated under S.20 after 24 hours. These choices must be presented as neutrally and impartially as possible;
7. They will be accommodated under S.17 in the interim period;
8. If after 24 hours accommodation is still needed this will require the CSC Team Manager/Group Manager seeking a discussion with the Head of Service who in turn will discuss with the Assistant Director in order to be satisfied that the young person is indeed at that point homeless and therefore has rights and entitlements under Section 20. If this is satisfied, then a discussion will take place with the young person regarding their rights and entitlements, and Section 20 accommodation will be offered;
9. If accommodation is to be provided under section 20 a signature from the young person for section 20 is required;
10. The young person will be advised that there will be an ongoing assessment, and further attempts will be made to reunify with family/friends. Their Rights and Entitlements will be reviewed and may change depending on the outcome of the assessment;
11. If the young person declines S.20 accommodation after discussion about their rights and entitlement, they will they be provided under S.17 if they are deemed to have capacity to make this decision. The young person's decision must be reviewed with them during the assessment period;
12. If the young person is unified to parents/friends after further enquiries are made, the joint assessment will continue to assess the risk of potential homelessness;
13. If at any point a safeguarding matter is identified that would prevent the young person safely returning home then young person should not be assessed under the homeless protocol, this should either be a s.17 or S.47 assessment.

Days 2 - 5 (working days)

1. The social worker on day 2 will refer the young person to be discussed at the next Edge of Care Panel to look at additional support required to either enable the young person to remain with their family or reunify alongside any other additional support that can be provided Edge of Care Panels are held every Tuesday afternoon;
2. The TYS worker on day 2 will refer the young person with their consent to an independent Advocate to ensure rights and entitlements are understood and the young person's wishes and feelings are taken into consideration. The social worker within their assessment should ensure a referral has been made. The young person should meet with the advocate within 5 working days;
3. A family network meeting should take place within 5 working days, this will be part of the children's social care assessment, and the social worker will be the lead. Should the young person/family refuse, further attempts for mediation should be the focus of intervention.

Days 5-20

1. The Head of Service will review the actions above, assessment information gathered so far, and family network meeting on day 10 to ensure that there is no drift and delay in the intensive work required in this initial period to maximise the possibility of the young person returning to live with their family and to determine if the young person remains homeless;
2. The single assessment should make clear the young person's needs (including SEND) and vulnerabilities in order to identify the right sort of accommodation to meet their longer-term needs;
3. The single assessment where possible should be completed and signed by a Team Manager within 20 working days to avoid delay and a clear plan being in place. The young person's rights and entitlements will be re visited with the young person to ensure they understand their options;
4. The Social Worker communicates the outcome of the CSC single assessment to TYS and the young person. The young person is provided a copy of their assessment;
5. Should the young person become looked after under section 20 then this will need to be referred to the next Legal Gateway Panel for retrospective ratification and oversight;
6. Where no safeguarding concerns are identified, and the young person could return home to parent/carers/family/friend network then all efforts should continue for this to be the outcome and exit plan;
7. If the young person remains homeless and is accommodated under Section 20 following completion of the assessment there will be a handover discussion from the Children's Social Care Assessment Service to the receiving Locality Team, this will include the Group Managers and Heads of Service so that senior management oversight continues to ensure that reunification work continues to be progressed;
8. If at any point that the young person is deemed not to be homeless either during or at the outcome of the assessment, then there is no right or entitlement under Section 20 and the young person will cease to be looked after (if they have been looked after up until this point as a result of their initial homelessness).

1. A Child and Family assessment (used to be known as a Reg 39 assessment) needs to be completed with the young person if they return home after 20 working days of being looked after. This does not apply to young people who return home under 20 working days;
2. The IRO should review the Child and Family assessment, and their views should be gained and recorded;
3. Approval needs to be gained from the nominated officer, which is the Assistant Director, who will read C&F assessment and record their decision on the child's file;
4. Best practice would suggest that the young person should be provided with independent advocacy, who would arrange for legal advice to be provided should they need it.

Appendix 4 - Signatures