5.6.7 Joint Protocol for Care Leavers

Amended November 2009:

This Chapter has been substantially amended, it is advisable to read the whole Chapter.

Aim of the Protocol
Legislative framework
Protocol procedure
Accommodation costs
Dispute Resolution
Review

1. Aim of the Protocol

To ensure that the corporate responsibility for meeting the diverse accommodation needs of 18-21 year old young people who have been Looked After by Brighton & Hove City Council are met.

The protocol ensures that anti-discriminatory practices are in place and that the equality policies of Brighton & Hove City Council are at the centre of meeting young care leavers housing needs.

2. Legislative framework

The Children (Leaving Care) Act 2000 and the Homelessness Act 2002 are designed to ensure that local authority Social Care and Housing Departments act together to ensure that the accommodation needs of care leavers are met.

The Children (Leaving Care) Act 2000

The main purpose of this Act is to improve the life chances of young people living in and leaving local authority care. Its principal aims are to:

delay young people's discharge from care until they are prepared and ready to leave.
improve the assessment, preparation and planning for leaving care.* provide better personal support for young people leaving care.
improve the financial arrangements for care leavers.

The Regulations and Guidance to the Act state that every local authority's aims and objectives must be to ensure:

that young people leaving care have access to a range of accommodation options and the support and skills to maintain themselves in their accommodation.
that all local authorities should work to meet these aims.
that these responsibilities are laid on the local authorities as corporate bodies.

he Regulations and Guidance also detail how the local authority strategy for care leavers should take into account:

he diverse accommodation and support needs of care leavers.
the capacity to offer young people a degree of choice of accommodation.
existing and planned provision of safe affordable accommodation.
gaps in provision.
priority setting.
the need for contingency arrangements.

While the primary responsibility for securing accommodation for care leavers rests with the local housing authority, it is essential that a corporate and multi-agency approach is adopted. The housing needs of care leavers should be addressed before they leave care. This protocol will ensure that both the Children & Young People's Trust and the Directorate of Housing & City Support each play a full role in providing the required resources and support to these young people.

Who is affected?

"Eligible Children" are young people aged 16 and 17 who have been Looked After for at least 13 weeks since the age of 14 and who are still Looked After.

"Relevant Children" are young people aged 16 and 17 who have been Looked After for at least 13 weeks since the age of 14 and have been Looked After at some time while 16 or 17 and who are no longer Looked After.

"Former Relevant Children" are young people aged 18-21 who have been either "Eligible" or "Relevant" children or both. If at the age of 21 the young person is still being assisted by the responsible authority with education or training he or she remains "Former Relevant" to the end of the agreed programme of education or training.

NB. Looked After Children are those in the care of the Local Authority either because of a Care Order (Section 31) or Accommodated (Section 20) of the Children Act 1989.

The Homelessness Act 2002

A homeless person has a priority need for accommodation if he or she is a

person under 21 who was (but is no longer) Looked After, accommodated or fostered between the ages of 16 and 18
person aged 21 or more who is vulnerable as the result of having been Looked After, accommodated or fostered

The Homelessness Code of Guidance states that applicants under 21 who were (but are no longer) Looked After between the age of 16 and 18 have a priority need for accommodation (except those who are relevant students).

"Looked after, accommodated or fostered" has the same meaning as given by section 24(2) of the Children Act 1989. Housing authorities will need to liaise with the social care authority when dealing with homeless applicants who may fall within this category of priority need

Unaccompanied Asylum Seeking Children (UASCs)

This protocol will also apply to Unaccompanied Asylum Seekers aged between 18-21years who were both Looked After Children (Sect 20 Children Act 1989) and "Eligible Children" (Children (Leaving Care) Act 2000) and are being assisted by the Children & Young People's Trust as Former Relevant care leavers under the Children (Leaving Care) Act 2000.

ODPM Guidance to Chief Executives and Housing Directors of all English local housing authorities dated 25th March 2003 gave notification of a policy change regarding the eligibility for housing allocation and homelessness assistance to asylum seeking people. This stated that:

People granted Humanitarian Protection or Discretionary Leave will be eligible for an allocation of housing under Part 6 of the Housing Act 1996 and eligible for homelessness assistance under Part 7 of the Act. They will also be eligible for housing benefit.
People who fall into the category above also come within the scope of Class B of Regulation 4 of the "Allocation of Housing (England) Regulations 2002" and Class B of Regulation 3 of the "Homelessness (England) Regulations 2000"
Humanitarian Protection or Discretionary Leave will be granted by the Home Office Immigration & Nationality Department for a period of up to 3 years. Towards the end of this period, leave holders will have the opportunity to apply for further leave. If this application is made within the relevant time limits (ie before the expiry of the existing HP or DL) the conditions of the former leave will continue to apply until a decision is made on the application. Those with HP or DL or an extension to either are not subject to immigration controls as all are forms of limited leave to remain in the UK granted outside of the provisions of the Immigration Rules.
If the application is refused and the person is not removed from the country by the Immigration & Nationality Department, it is possible that the person could remain in the UK unlawfully. A duty to secure accommodation under Section 193 of the homelessness legislation would come to an end if the applicant ceased to be eligible for assistance. Eligibility for housing benefit would also end if the application for further leave were refused.

3. Protocol procedure

Prior to leaving care - referral to Housing Options Service

This protocol will avoid using the homeless route, which is inappropriate when assessing and meeting the housing needs of care leavers. Approaching the time that the identified and agreed care placement of a young person will end, the Children & Young People Trust, 16 Plus Support Team (16+ST) &

Young People's Asylum Service (YPAS) and Directorate of Housing & City Support (Housing Needs) will work together to ensure that their housing needs are met.

This protocol also allows for a care leaver who remains in their care placement beyond the age of 18 years to be assessed for housing at any time up to their 21st birthday. In these cases the 16+ST & YPAS will refer the care leaver to the Housing Options Manager (Families & Young People) four months before that care placement comes to an end.

First notification of the need to be assessed for housing will be made by the 16+ST or YPAS to the Housing Options Manager (Families & Young People) a minimum of four months prior to the care leaver moving on from their care placement and requiring accommodation. The 16+ST or YPAS will complete with the care leaver either :

If the care leaver has support needs (Supported Housing):
- A Housing Needs Support Referral form
- Risk assessment
  
  or
If the care leaver can live independently in a general needs tenancy:
- A completed Joint Housing Register Application Form (application for registration to the Choice Based Lettings Scheme)
- A Risk assessment * Accompanying documents (2 forms of I.D, a birth certificate or passport and documentation giving proof of current address)

The young person's 16+ST or YPAS worker will send the forms to the Housing Options Manager (Families & Young People) along with a copy of the accommodation section of the Pathway Plan, including the Review carried out prior to the young persons 18th birthday. The referral should identify the worker who will be in continuing contact with that young person up to the age of 21 years.

The referral will be allocated to a Housing Options Officer. The Housing Options Officer will arrange an appointment to meet with the worker and the care leaver to discuss and assess housing options. The aim is to ensure that the most suitable and appropriate housing option is offered to the care leaver. These options could include supported housing (e.g. Hove YMCA, Stopover, Foyer), or general needs housing (council or Registered Social Landlord accommodation).

Identifying a suitable housing option

An offer of a self-contained unsupported flat may not be the most appropriate form of housing for a care leaver. Most care leavers at 18 will require a supported environment. A private sector tenancy (with floating support) may be also be explored as a suitable option, particularly in cases where the care placement has been outside of the local authority area and the care leaver wishes to remain in that placement area.

In most cases, the care leaver at 18 will be assessed as requiring supported housing. The housing options officer will make a referral to the Temporary Accommodation Allocations Team (Support Access Officer).

The Support Access Officer will place the care leaver on the waiting list for supported housing. When a suitable offer of supported housing can be made the Support Access Officer will notify the 16+ST or YPAS worker with detail of the offer to ensure that the care leaver is immediately made aware of the offer.

If the 16+ST or YPAS worker and the completed risk assessment evidences that the care leaver is able to live independently in general needs housing, the Joint Housing Register application will be processed to enable the care leaver to bid for properties under the 'Homemove' Choice Based Lettings Scheme. The care leaver will be placed in Band A that will give the case high priority. The care leaver will be notified in writing of registration on the scheme, with a copy sent to the worker.

The Housing Options Officer should liaise with the 16+ST or YPAS worker to ensure that the care leaver is supported through the bidding process. When the care leaver is successfully allocated a suitable tenancy the Homemove Team will notify the worker with details of the offer to ensure that the care leaver is immediately aware of the offer. Care Leavers can also be referred to the Youth Advice Centre for support with bidding for properties.

Tenancy Sustainment

This section follows the principals of the prevention of homelessness as outlined in Brighton & Hove's Youth Homelessness Strategy and Brighton & Hove's Protocol for the Prevention of Evictions in Supported Housing for young people

After a care leaver is allocated a tenancy, it is important that every effort is made to prevent the tenancy from breaking down. If there is any risk of homelessness, a case conference should be arranged to identify any problem areas with the aim of developing an action plan to avoid eviction.

The case conference should be chaired by the Housing Options Manager (Children & Young People). The following should attend the case conference:

Housing Options Officer
16+ST or YPAS worker
Manager of Supported Housing Project / Support Worker
Care leaver

The aim of the case conference is to intervene early to address problems and prevent the tenancy from breaking down. The meeting should review the level of support required to enable the care leaver to sustain the tenancy and consideration should be given to providing an increased package of preventive support.

In cases where the tenancy cannot be sustained and homelessness cannot be avoided, the case conference should agree and appropriate timetable for eviction to give sufficient time to enable a planned move to alternative accommodation to take place.

Emergency homelessness

One significant aim of this protocol is to avoid situations when a care leaver suddenly becomes homeless. Supported housing projects should follow the Eviction Protocol and call a case conference as soon as it becomes apparent that the tenancy may break down (see Tenancy Sustainment above) However, there are occasions when a care leaver may suddenly become homeless, for example due to violence or severe anti-social behaviour. In such cases the Housing Options Service will aim to find alternative appropriate accommodation (e.g. a referral to another supported housing project). If this cannot be provided immediately a referral for temporary accommodation will be made.

The aim is to avoid using bed and breakfast accommodation, except in an emergency. If a care leaver is placed in bed & breakfast accommodation under the homeless legislation, the Temporary Accommodation Team should make a referral for floating support to the Youth Advice Centre Tenancy Support Team.

Every effort should be made to ensure that no care leaver becomes homeless as a result of an 'intentionally homeless' decision under the homeless legislation. Temporary accommodation can continue to be provided following an 'intentionally homeless' decision, as long as the 16+ST or YPAS worker confirms to the Temporary Accommodation Allocations Manager that there is an ongoing duty owed to the care leaver under the Children (Leaving Care) Act 2000.

Where homelessness is threatened due to the behaviour/conduct of the care leaver whilst in temporary accommodation, a very quick assessment is required to ensure that the appropriate package of support is provided by the 16+ST or YPAS worker to enable the placement to continue. In such cases this worker will convene an urgent case conference.

4. Accommodation costs

The 16 Plus Support Team and the Young People's Asylum Service (Children & Young People's Trust) have, under the Children (Leaving Care) Act 2000 responsibility for the accommodation costs in full of Eligible and Relevant Children up to their 18th birthday.

After the young person's 18th birthday, responsibility for meeting these costs will be dependent upon the time of referral to the Housing Option Manager (Families & Young People) and the type of accommodation in which the young person is living.

Where foster care or supported lodgings placements are extended by the 16+ST or YPAS beyond the young person's 18th birthday as part of an agreed care plan, the 16+ST or YPAS will meet the accommodation costs. The young person claiming Local Housing Allowance (Housing Benefit) may supplement these costs in certain cases.

For placements such as Hove YMCA, Stopover and the Foyer, these costs will be met by Local Housing Allowance (Housing Benefit) Other temporary accommodation costs will be met by the Housing Needs (Housing & City Support) following the expiry of the requisite period of four months notice of the young person leaving care.

5. Dispute Resolution

Staff in the Children & Young People's Trust and Directorate of Housing & City Support are employees of the Brighton & Hove Council. Accordingly it is not appropriate for staff from either agency to publicly challenge the decisions of staff from the other agency.

Difference of opinion over areas of responsibility and proposed action should initially be dealt with by the caseworker in each department. If the issue cannot be resolved at this level the matter should be referred jointly to the Head of Housing Needs and the Service Manager (16+ST & YPAS) for a decision.

6.Review

This protocol was reviewed in February 2007 by Nick Hibberd, Head of Housing Needs (H&CS) and Dermot Anketell, Service Manager (CYPT) and will be reviewed annually thereafter.

End.