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Contents

1. Local Authority Responsibility to Homeless Families
2. Referrals to Children's Social Care
3. The Assessment
4. Homelessness Checklist
5. Providing Services
6. Initial Assessment and Decision Making
7. Provision of Short-Term Accommodation
8. Time Limits on Provision of Accommodation
9. Possible Additional Outcomes to Assessment
10. Assessment Established that Child is not "In Need"
11. Review of Procedure
    
    Appendix 1

1. Local Authority Responsibility to Homeless Families

Housing

The housing department has a duty to assess homelessness applications in accordance with The Housing Act 1996 as amended by the Homelessness Act 2002. Under Section 193 of the Act the local authority has a duty to secure accommodation for people who are homeless, eligible for assistance, in priority need and not intentionally homeless.

Sometimes households are found to be homeless, in priority need, to have a local connection but to have made themselves 'intentionally homeless'. Under Section 190 of the Act, such households with dependent children are offered accommodation for a 'reasonable' period (generally 28 days), and advice and assistance in securing accommodation.

Children's Social Care

Under the Children Act 1989 the Local Authority has a responsibility to assess a child's circumstances and consider offering services if it appears that a child may be in need.

Under Section 17(10) of the Children Act 1989, a child is a Child in Need if: He/she is unlikely to achieve or maintain, or to have the opportunity of achieving or or maintaining, a reasonable standard of health or development without the provision for him/her of services by a Local Authority; or His/her health or development is likely to be significantly impaired, or further impaired, without the provision for him/her of such services; or He/she is disabled

The Children Act 1989 responsibility applies to children living or found in the local authority area and applies regardless of any decision taken by another authority within any other legislative framework (e.g. housing Habitual Residence Test)

If the child is not "in need" there is no duty owed by the Local Authority (under Children Act 1989) to provide services.

Children's Social Care will undertake an assessment if it appears that the child cannot or may not be able to maintain or achieve a reasonable standard of health or development because s/he is without accommodation. Children's Social Care are obliged to look at the resources within the family to establish whether the family can use these resources to meet the needs of their child.

If a child or children are in need solely as a result of homelessness, Children's Social Care are expected to consider whether the best way of meeting the need is to help the family obtain accommodation, possibly by providing accommodation, or a deposit, under s17 of the 1989 Act.

If a family has made an application within the asylum arrangements for refugee status then they will obtain support in respect of their housing and income needs through the National Asylum Support Service (for applications made after 24.9.00) or the Housing Asylum Team.

2. Referrals to Children's Social Care

Written permission should be sought from all intentionally homeless families with children to send their details to the relevant Referral and Assessment Team of Children's Social Care (East or West).

The requirement to obtain the applicant's consent to the referral of the essential facts of his or her case does not affect any power for the housing authority to disclose information about a homelessness case to the Children's Social Care. For example, even when consent is withheld, the housing authority should disclose information about a homelessness case to Children's Social Care if they have reason to believe that a child is, or may be, at risk of Significant Harm (Section 13.5 & 13.7 of the Homelessness Code of Guidance for Local Authorities, 2006).

Where the housing department considers an applicant with children under 18 may be homeless, or threatened with homelessness intentionally, the housing department will notify Children's Social Care with the essential facts of the case and, in due course, of the subsequent decision.

Once the housing department has made the decision that a family with children is intentionally homeless, the Homeless Officer will issue a s 184 letter to the household explaining the Council's decision. The letter will state that the case will be referred to Social Services for a Child in Need assessment.

3. The Assessment

The assessment framework ensures that Children's Social Care considers the environmental context of a family. Housing is a key aspect of this. Lack of housing is likely to be a cause of stress on the child and family. However, lack of housing must not distract attention away from other aspects of a child's need; the assessment of a child and family who present as homeless must include all the components of an assessment as set out in the Assessment Framework procedures. In summary:

• All children affected by the referral must be seen and assessed
• All children must be interviewed as far as possible given age and understanding
• Interpreters to be used
• All issues contained within the assessment framework must be considered including the health and educational, emotional and social development of the child
• Normal arrangements must apply in contacting and gathering information from other professionals
• Children's Social Care staff must always be open to the possibility that a child is suffering significant harm and consult with a manager if they believe this to be the case.

4. Homelessness Checklist

The Following checklist should be used by the Referral and Assessment Team (RAT) during the referral and initial assessment process:

At contact stage full background to homelessness obtained from the referrer and family including full accommodation history with dates Check last permanent address and responsible authority
	Ensure clarity about who has parental responsibility for each child being presented as homeless with the adult(s) Complete family tree and obtain whereabouts and addresses of all parents of each child Complete support networks format as suggested in Framework for Assessment When seeing a family tree they need to be informed, using appropriate communication to meet their needs, of the process and how the Children's Social Care intends to discharge its duty towards them Make reference to the Threshold Criteria throughout contact with the family and whilst obtaining information or assessing the family's situation Consult with colleagues in the Housing Department in the spirit of working together Clarify with the landlord in writing our financial commitments towards the family as the case progresses and as managerial decisions are made about finances At any stage during the process if there are child welfare concerns these must be relayed to the Duty/Line Manager immediately who will make a decision about the progress and further action Ensure that confidentiality guidelines are followed
Reason for homelessness confirmed and evidence seen Decision of Benefits Agency or Homeless Person's Unit
	Intentionally homeless Yes / No Ineligible for housing having failed the habitual Residence Test Yes / No Ineligible for income support from public funds having failed the Habitual Residence Test Yes / No
Decision and evaluation from Income support section of the Benefits Agency and Homeless Person's Unit obtained and copied for file Immigration status clarified and documentation obtained from Immigration Service
	What support will the Immigration Service give family?
Check and obtain evidence that there are presenting issues that may mean children are "in need" Children are automatically "in need" when:
	Current Section 47 investigation / One or more children on the Child Protection Register / Disabled children /Looked After Child unable to return home Escaping Domestic Violence (Falls within remit of HPU) Or None of the above but child appears to be in need as Section 17 (10) CA 89
What advocacy has been or should be attempted? Do you think that family is fully aware of their rights? Are they able to advocate on their own behalf?
Give family information and advice on homelessness:
	Ensure that interpreters are used and assess literacy skills Bed and Breakfast list Citizen's Advice Bureau Debt counselling Specialist solicitors (housing or immigration) Law centre Private rented accommodation information
What evidence is being given to Children's Social Care that a family resolution that have been tried? Finances and entitlements
	Please note, no funding agreement can be made without agreement from the Head of Service What finances do the family have? Apply for Housing Benefit on first or by second day that family move into any accommodation Make family aware that they will have to meet any additional monies over housing benefit levels Obtain evidence that Housing Benefit or Income Support has been applied for Complete an expenditure checklist Ensure that Housing Benefit has been claimed for on the first day that family placed in temporary accommodation Inform family that they will only be offered one accommodation and if they refuse it that Children's Social Care will not be making any further offers and that our duty will be discharged
Recording
	Ensure all information recorded including reason why family not deemed to be in need of services from the Children's Social Care Division when family have declined offer of accommodation or provision of services Ensure that all documentation is given to families in their mother language Ensure family has agreements in writing Ensure landlords are given agreements in writing

5. Providing Services

Assistance with housing may form part of a package of children in need services in the following circumstances:

a.	If there is a clear need to assess a child's welfare and the lack of housing is genuinely preventing the assessment taking place. A family may be placed in temporary accommodation for a brief time limited period.
b.	If the child clearly has been assessed as having needs which the local authority is obliged to meet as a priority and cannot meet because of a lack of housing. For example:
	A child protection enquiry in which the safety of the child or the protection plan in the interim is jeopardised because of a lack of accommodation A child with a disability whose needs are not being met because of homelessness. (NB a child with a disability is defined under the Children Act as being in need) A child is in Local Authority accommodation and the parents lack of housing is preventing re-unification.
	In such cases, b) above, the local authority may consider whether there is a need to provide accommodation for a longer period - whilst working towards a resolution of the wider issues affecting the child/family.
c.	Services may also be provided if:
	The child is found to meet the criteria for a child in need, (including assessments which indicate that the child's circumstances would be likely to deteriorate if services were not provided, meaning that the child would become a child in need) It is clear that the lack of housing is a significant contributory factor to the child being in need The provision of housing or support in obtaining housing will assist in meeting the needs (i.e. housing is relevant to both the cause of the need and the solution to the problem) The parents are unable to resolve these difficulties without support (e.g. because of learning difficulty, mental illness, recovery from trauma as asylum seekers, severe domestic violence etc.)

Services provided could include one or more of the following:

• Advocacy in support of a housing or income support application/appeal
• The provision of housing pending a review of the financial support available to the family to pay for their own housing
• Support in finding housing

There will be a limit to the extent to which Children's Social Care can meet housing needs and any expenditure must be kept under regular review

As part of any assessment, appropriate information should be provided to the parents as to how a child's health and educational needs can best be met, including providing information about local agencies that can provide assistance.

If the family is homeless, but the child concerned would not otherwise be considered to be in need and the family have other means of resolving the housing issue, then there is no case for providing accommodation. The family should be advised to make use of private accommodation and other networks to help with this (e.g. extended family).

6. Initial Assessment and Decision Making

A quick reference flowchart which should be followed is attached at Appendix 1.

Where the family has no prospects of immediate accommodation provided by friends, relatives or the private sector the Department has a duty to complete an assessment to determine whether the children are in need.

An assessment of the children's needs must be made following the Assessment Framework Guidance (see Section 4, Homelessness Checklist for additional guidance on areas that must be included in assessment)

Whenever possible the assessment of the family should be made in whatever temporary accommodation they are staying in (e.g. with friends and extended family). It is important to ensure that it is not overcrowded to the extent that it would impair the health or development of the child.

The Duty Manager must request checks with other Local authorities including Housing department, Child Protection Plans and Health Authorities. Permission must be sought in all cases from those with parental responsibilities for checks to be undertaken, unless there are child protection concerns.

It may be necessary to safeguard children by providing advice about accommodation or providing accommodation for a strictly limited time to ensure that an assessment can take place.

Short-term accommodation may be agreed by the relevant Group Manager for up to seven days to cover the period of Initial Assessment. The accommodation must be suitable for the children concerned.

On the first (and where this is not feasible the second) day of placing the family in temporary accommodation a claim for Housing Benefit must be completed with the family and lodged with Housing Benefit (with a record kept on file).

As part of the Child in Need assessment the parents or carers must be asked what steps they have taken to find private accommodation and assessment made as to whether they are able to make arrangements to find accommodation themselves.

7. Provision of Short-Term Accommodation

The family should be offered a further three weeks accommodation at the end of the initial assessment if:

• It is agreed that the child is in need (see Section 5, Providing Services) and
• It is believed that the parents cannot themselves find suitable accommodation in the private sector and
• Accommodation is required to promote the welfare of the child.

If the family are unable to seek accommodation themselves, positive assistance should be provided in finding private accommodation.

All decisions must be confirmed in writing to the family (and landlord if related to the payment of rent).

Property searches will include looking for accommodation beyond the borough of Bromley as local accommodation is in short supply and expensive.

Where families are reliant on Income Support the rent must be met in full by Housing Benefit. Where there is any short fall the family must confirm in writing that they accept financial responsibility for meeting this amount.

In exceptional circumstances it may be more appropriate for the family, and more cost effective for the Department, to consider funding the cost of a deposit and rent in advance to secure the tenancy of suitable private rented accommodation. Agreement for this can only be given by the relevant Group Manager.

Any accommodation provided by the Local Authority must be checked by the Local Authority to ensure that it is safe and suitable accommodation for a child.

8. Time Limits on Provision of Accommodation

It must be explained to the family (and confirmed in writing) that only one offer of accommodation will be made. If this offer is turned down the Local Authority has discharged it's duty and may provide no further assistance. In exceptional circumstances, where there are strong grounds, authority for a second offer may be provided.

The family should also be advised (confirmed in writing) that at the end of the total four week period (or in the event that a reasonable offer of accommodation is refused) the Department will have discharged its duty and the temporary accommodation will be terminated. The only exception to this will be if there is a continuing need to safeguard the child's welfare.

In circumstances where there is considered to be a case to extend the period of short-term accommodation beyond the 4 week period, this can only be done with the specific agreement of the Group Manager who can agree a further two weeks. Any further extension to the temporary accommodation can only be agreed by the Principal Service Manager.

Where families refuse to leave the short-term accommodation in these circumstances the landlord, having received notice of the Local Authorities intention to cease funding on a specified date, will be responsible for acting to evict the family.

9. Possible Additional Outcomes to Assessment

When the family are able to obtain or return to accommodation in another part of the UK or overseas, consideration should be given to meeting the costs of travel and in exceptional cases, re-establishing their home. The manager responsible must be satisfied that this is a satisfactory way of safeguarding and promoting the child's welfare.

In any case where housing is being provided from the section 17 budget steps must be taken by the department to ensure that:

• Another source of funding for accommodation is made available as quickly as possible
• Restrictions on recourse to public funds are lifted if possible
• Arrangements are made for the claim within the immigration or asylum system to be processed and resolved as quickly as possible

10. Assessment Established that Child is not "In Need"

If, following an Initial Assessment, the child is found not to be in need, the family should be advised that they must leave the short-term accommodation within 48 hours. This should be confirmed in writing to the landlord and the family and the family offered advice on finding private accommodation. In exceptional circumstances 48 hours may be insufficient and the family can make an application for a longer period of notice, explaining the reasons and requesting a specific extension period. (To be authorised by the Group Manager).

The Local Authority will then have discharged its duty in respect of that referral. Subsequent referrals by or in respect of the child/family will be re-assessed according the new information received.

11. Review of Procedure

This procedure will be review on an annual basis. The need for an earlier review may be agreed between Children's Social Care and the Housing Department. It will be necessary to review practice and consider any area for further development as requested.

Appendix 1

Click here to view Appendix 1

End