The Southwark Judgement Kent Joint Policy and Planning Board

Question before the House of Lords If a child who is no longer able to remain in the family home presents himself to a local children’s services department as requiring to be accommodated is it open to that authority instead to arrange for him to be accommodated by the local housing authority under the homelessness provisions of Part V11 of the Housing Act 1996

R (G) v LB of Southwark 2009 G was excluded from home and was ‘sofa surfing’ On application to the local authority his needs were assessed and the LA decided he was S.17 and did not need accommodating under S20 as his only need was accommodation Law lords – ‘Are we here again’ Judgement was that G should have been accommodated under S20 – retrospective duty applied

The Children Act 1989 Section 20 Provision of Accommodation for Children (1) 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-

The Children Act 1989 Section 20 - continued (a) There being no person who has parental responsibility for him; (b) His being lost or having been abandoned; or (c) The person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care

The Children Act 1989 Section 17 (10) A child shall be taken to be in need if- (a) He is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;

The Children Act 1989 Section 17 (10) continue (b) His health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or © He is disabled

The Homelessness (Priority Need for Accommodation) (England) Order (SI 2002 No 2051) Categories of priority need include: (a) A person aged 16 or 17 who is not a relevant child or a child in need to whom a local authority owes a duty under s.20 of the Children Act 1989

R (G) v LB of Southwark 2009 G was a child in need, in the local authority area, and lacked accommodation as a result of his mother being prevented from providing him with suitable accomm or care within the meaning of s.20 (1) ©

R (G) v LB of Southwark 2009 “Both Southwark, and the previous Hammersmith judgements have restated and clarified the established legal position that the duty under S20 of the 1989 Act takes precedence over the duties in the 1996 Housing Act in providing for CIN who need accommodation and that the specific duty owed under S20 of the 1989 Act takes precedence over the general duty owed to CIN and their families under S17 of the 1989 Act

Southwark Judgement Exceptions to a young homeless person becoming Looked After, under S.20 – judged competent and refuse to be LAC needing to be accommodated with their family Already been living independently with no one exercising parental responsibility

Law Lords said: “Local authorities cannot decide whether young people require accommodation under the Children Act or the Homelessness legislation, they must simply assess whether the young persons circumstances meet the criteria for s.20 (1)

Further Guidance Joint Guidance issued by Secretary of State for Children, Schools and Families and the Secretary of State for Communities and Local Government April 2010

This was issued under section 7 of the Local Authority Social Services Act 1970 and section 182 of the Housing Act Both of these sections requires the relevant authorities to act under the general guidance of the Secretary of State (para 1.3 of the guidance) This guidance replaces the paragraphs in Circular LAC (2003) 13 Guidance on Accommodating CIN and their families, which refers to how lone 16/17 year olds should be accommodated under the Children Act Provision of Accommodation for 16 & 17 year old young People who may be homeless and/or require accommodation

Sufficiency Guidance 2010 Statutory Guidance on securing sufficient accommodation for looked after children

Revisions to Children Act Guidance Vol 2 of the Children Act – Care Planning, Placement and Case review Vol 3 – Planning Transition to Adult Care