Devon joint care experienced young people housing protocol
Introduction
The experience of young people leaving care can sometimes be characterised by an accelerated and sometimes uneven transition to adulthood. For many of our care experienced young people, they have not had the best start in life and their transition to adulthood without family support around them, can mean that they don’t always have access to the same opportunities that most of us expect to have to help us to meet the challenges of adulthood.
The term ‘care-experienced’ refers to anyone who has been or is currently in care or from a looked-after background at any stage in their life, no matter how short, including adopted children who were previously looked after. This was formally known as Care Leaver.
Every care experienced young person’s life story is unique and so there is no ‘one size’ fits all approach to helping and supporting them particularly when they need help with housing.
The Independent Review into Social Care by Josh MacAlister in May 2022 Independent review of children’s social care – final report (publishing.service.gov.uk) explores the experiences of being in care and leaving the care system. The report sets out a series of Mission statements aimed to improve the experiences of children moving through the care system. Mission 4 – Reduce care leaver homelessness now, before ending it entirely examines the importance of stability in the home and the impact homelessness may have on the individual’s life chances.
This mission makes a number of recommendations around which this protocol has been designed. These include, creating a safety net against homelessness through provision of range of housing options available to those leaving care, and ensuring the impact of intentionality on a care experienced young person is avoided through joined up planning, support and trauma informed practice.
In 2017, Dr Mark Kerr from the University of Kent developed the leaving well outcomes framework to promote successful transitions for care leavers. This created a Maslow’s hierarchy of need specifically for leaving care which had housing at its foundation. Devon’s Corporate Parenting Strategy ‘Being the Best Corporate Parents We Can Be’ sets out this ethos of working together:
‘Corporate Parenting is a joint effort. Achieving best possible outcomes for care experienced children and young people cannot be done alone. This is why our corporate parenting is agreed alongside children and young people, and by all partners of the Devon Children and Families Partnership. The Partnership includes Devon County Council, NHS, the Police, schools, the voluntary sector and all the District Councils across Devon’
In Devon, we have a two-tier local authority with a County Council and eight District Councils, which means that many organisations have a responsibility for, or a duty to, young people who are preparing for the transition to independence and leaving care. In this context, the protocol seeks to define and articulate respective responsibilities, while setting out where organisations need to work together to achieve a common purpose and deliver on shared responsibilities.
The joint Ministry of Housing Communities and Local Government and Department for Education guidance to support Local Authorities to meet the housing needs of care experienced young people (Joint Housing Protocols for experienced young people: good practice advice, Oct 2020) stresses the importance of joint working in supporting Care Experienced young people to navigate their way through the transition to adulthood, as does the statutory guidance on applying corporate parenting principles: ‘Good preparation, a gradual transition and flexible ongoing support are key to helping Care Experienced young people 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 Experienced young people prepare for the realities of living independently’. (Applying corporate parenting principles to children in care and Care Experienced young people-Chapter 2).
The joint Ministry of Housing Communities and Local Government and Department for Education guidance to support Local Authorities to meet the housing needs of care experienced young people (Joint Housing Protocols for experienced young people: good practice advice, Oct 2020) stresses the importance of joint working in supporting Care Experienced young people to navigate their way through the transition to adulthood, as does the statutory guidance on applying corporate parenting principles: ‘Good preparation, a gradual transition and flexible ongoing support are key to helping Care Experienced young people 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 Experienced young people prepare for the realities of living independently’. (Applying corporate parenting principles to children in care and Care Experienced young people-Chapter 2).
This Joint Protocol aims to:
- Develop a "Corporate Parenting" approach for care-experienced young people, which provides a shared commitment from Devon County Council and the Local Housing Authorities (LHAs) to ensure our young people achieve the best outcomes possible.
- Set out our commitment to developing services (our local offer) to young people leaving care in Devon.
- Promote early preparation for independence for care leavers.
- Clarify the legal framework within which Devon County Council (DCC) and the Local Housing Authorities (LHA) operate.
- Establish and define the respective roles and responsibilities towards care experienced young people within the legislative framework.
- Identify how DCC and the LHA, working together, can meet the needs of care experienced young people, ensuring that there are no gaps in services and that resources are effectively used.
- Ensure all officers and partners using this protocol understand the roles and responsibilities of organisations working with young people and the need for multi-agency working to secure positive outcomes.
- Prevent care experienced young people becoming homeless or at risk of homelessness.
- Ensure all young people can be assisted via a positive pathway.
- An improvement in the quality and type of accommodation available to meet the needs of current care experienced young people.
- Avoidance of the use of the homelessness route as the means for meeting housing needs for care-experienced young people and a reduction in the number of them presenting as homeless aged 18 and over.
- A reduction in the use of unsuitable accommodation, with the aim of removing the use of bed and breakfast accommodation for young people leaving care.
- The most efficient and effective use of resources and time.
- Sharing of relevant data and information to aid future strategic-planning and commissioning of services
This protocol covers care experienced young people aged 16-25 who are leaving or have left care, including young people who have ceased to be in care. This does not include children and care-experienced young people who are the responsibility of either Torbay Council or Plymouth Council although we will continue to seek to work in such a spirit with our neighbouring Local Authorities and as part of wider Southwest Regional work. The statutory duty placed on the LHA and Children’s Services in relation to care experienced young people differs. Children’s Services continue to have a duty under the Children and Social Work Act 2017 to offer support, in the form of a Personal Advisor, to all care experienced young people up to age 25, this includes those care experienced young people who return to the DCC at any point after the age of 21 up to age 25 and request such support.
The LHA under Housing Act 1996 (part 7) have a statutory duty to provide support and assistance to all care experienced young people who are homeless, threatened with homelessness or who require support to prevent homelessness. Whilst this is a statutory duty, there is also a commitment across Devon to help ensure that all care leavers find safe and suitable accommodation that meets their needs.
When exercising their functions in relation to children in care and care experienced young people, all Devon services recognise and have regard to the seven Corporate Parenting principles identified In the Children and Social Work Act 2017.
The protocol also covers Unaccompanied Asylum Seekers who qualify for a leaving care service and have been granted refugee status (for example where they will have been granted leave to remain up to the age of 20 or an extension beyond the age of 18 for a minimum of one year).
The LHA under Housing Act 1996 (part 7) have a statutory duty to provide support and assistance to all care experienced young people who are homeless, threatened with homelessness or who require support to prevent homelessness. Whilst this is a statutory duty, there is also a commitment across Devon to help ensure that all care leavers find safe and suitable accommodation that meets their needs.
When exercising their functions in relation to children in care and care experienced young people, all Devon services recognise and have regard to the seven Corporate Parenting principles identified In the Children and Social Work Act 2017.
The protocol also covers Unaccompanied Asylum Seekers who qualify for a leaving care service and have been granted refugee status (for example where they will have been granted leave to remain up to the age of 20 or an extension beyond the age of 18 for a minimum of one year).
When a child or young person enters the care of DCC, the responsibility of being their parent belongs to the Council as a whole and its partners, including district councils. This is referred to as “corporate parenting”.
Being a good Corporate Parent means:
Being a good Corporate Parent means:
- The Local Authority (DCC) and partners together share a collective responsibility for providing the best possible care and safeguarding for the children who are in our care.
- When planning and providing care and support, we pursue the best possible outcomes, always posing the challenge to ourselves “would this be good enough for my child?”.
- Making the child’s individual needs a priority.
- Listening, hearing, and understanding the voice and views of children and young people and ensuring they are at the heart of decision-making.
- To prepare care experienced children and young people for adulthood and independent living, including support through key transitions in life, particularly past the age of 18.
- Being aspirational for children and young people, building on their strengths and celebrating their achievements.
- Working together with partners to provide joined up services, so that young people receive the right help from the right person at the right time.
- For young people to be safe, and to have stability in their home lives, relationships and education or work.
The County of Devon is made up of a combination of the unitary authorities Torbay Council and Plymouth City Council and a 2-tier local authority footprint with Devon County Council (DCC) as a 1st tier Authority and eight 2nd tier Local Housing Authorities.
The Children & Families Locality Teams support children and young people when they first enter the care of DCC and until they either return home to their parents or family, or where long-term plans to remain in care are approved, usually through court proceedings. These teams consist of social workers and family support workers. Those children for whom the long-term plan is to remain in care, are transitioned into the Corporate Parenting Service.
There are several teams working specifically to support care-experienced young people within DCC. All teams are Locality based across North, Exeter, Mid & East, and South Devon (which includes Teignbridge, South Hams and West Devon).
The Corporate Parenting Service work with children and young people on a longer term basis. They work towards seeking permanency for every child and young person, wherever possible, the priority is to support reunification plans where children and young people return to their family home but sometimes this may not be possible and care experienced young people need to stay in long term foster care, residential care, with other family, or kinship arrangements. The Care Experienced People Service support young people to prepare for leaving care and into adulthood alongside their social worker from the age of 16.9 years. The team work to develop co-produced pathway plans with young people, with a key focus on their health, relationships, housing needs and education, employment and training. This service is comprised of social workers and Personal Advisors.
Care experienced young people are allocated a social worker from the point they become a Child in Care until the age of 18. From the age of sixteen young people who have left care or are preparing to leave care are allocated a personal advisor (PA). The role of the PA is to work alongside the allocated social worker and support each young person with preparing for independence. From the age of eighteen, the PA remains responsible for supporting ongoing transition planning until the young person no longer wishes to receive this level of support. There is always the option for young people to return and request support until the age of 25.
There is a small team of housing advisors working alongside personal advisors. These officers work with those Care experienced young peoples who are at high risk of homelessness and rough sleeping. They provide an extra element of support and advocacy for those Care experienced young people who may need extra help to engage with the Local Housing Authority to prevent or resolve imminent homelessness.
District and Borough Local Housing Authorities (LHA) operate the housing and homelessness functions across the county and have a statutory duty to provide services to anyone over the age of 16 who is homeless, at risk of homelessness, or requires housing advice. To enable additional focus on meeting the needs of young people leaving care, Children's Services provide grant funding to each LHA to facilitate the additional support and assistance necessary to ensure the best outcomes for young people experiencing, or at risk of, homelessness
The Children & Families Locality Teams support children and young people when they first enter the care of DCC and until they either return home to their parents or family, or where long-term plans to remain in care are approved, usually through court proceedings. These teams consist of social workers and family support workers. Those children for whom the long-term plan is to remain in care, are transitioned into the Corporate Parenting Service.
There are several teams working specifically to support care-experienced young people within DCC. All teams are Locality based across North, Exeter, Mid & East, and South Devon (which includes Teignbridge, South Hams and West Devon).
The Corporate Parenting Service work with children and young people on a longer term basis. They work towards seeking permanency for every child and young person, wherever possible, the priority is to support reunification plans where children and young people return to their family home but sometimes this may not be possible and care experienced young people need to stay in long term foster care, residential care, with other family, or kinship arrangements. The Care Experienced People Service support young people to prepare for leaving care and into adulthood alongside their social worker from the age of 16.9 years. The team work to develop co-produced pathway plans with young people, with a key focus on their health, relationships, housing needs and education, employment and training. This service is comprised of social workers and Personal Advisors.
Care experienced young people are allocated a social worker from the point they become a Child in Care until the age of 18. From the age of sixteen young people who have left care or are preparing to leave care are allocated a personal advisor (PA). The role of the PA is to work alongside the allocated social worker and support each young person with preparing for independence. From the age of eighteen, the PA remains responsible for supporting ongoing transition planning until the young person no longer wishes to receive this level of support. There is always the option for young people to return and request support until the age of 25.
There is a small team of housing advisors working alongside personal advisors. These officers work with those Care experienced young peoples who are at high risk of homelessness and rough sleeping. They provide an extra element of support and advocacy for those Care experienced young people who may need extra help to engage with the Local Housing Authority to prevent or resolve imminent homelessness.
District and Borough Local Housing Authorities (LHA) operate the housing and homelessness functions across the county and have a statutory duty to provide services to anyone over the age of 16 who is homeless, at risk of homelessness, or requires housing advice. To enable additional focus on meeting the needs of young people leaving care, Children's Services provide grant funding to each LHA to facilitate the additional support and assistance necessary to ensure the best outcomes for young people experiencing, or at risk of, homelessness
Transition to adulthood for children in care should not just start on their 16th birthday; preparation for a time when they will no longer be a child in care should be integral to the care planning process throughout their time in care.
It is important to ensure that young people in care are given the same level of care and support that their peers would expect from a reasonable parent and that they are provided with the opportunities and chances needed to help them move successfully into adulthood.
All young people have differing needs and levels of maturity. This means that they will develop skills for independence in their own individual timeframe. Young people in care therefore require support and guidance to enable them to make informed choices for their future. To help and enable a smooth transition into independence and adulthood, the needs of the young person must be assessed and, as part of a planned move toward independence, should take account of individual support needs, wherever possible their preferences and should form part of their Pathway Plan.
Each young person approaching transition pathway planning will be helped and supported through regular reviews at the Pathway Plan Review meeting. Panel meetings will include input from professionals from a variety of agencies, to include where relevant and involved Housing, Adult Social Care and if required, Mental Health services; to ensure plans and expectations are young person centred, realistic and achievable.
It is important to ensure that young people in care are given the same level of care and support that their peers would expect from a reasonable parent and that they are provided with the opportunities and chances needed to help them move successfully into adulthood.
All young people have differing needs and levels of maturity. This means that they will develop skills for independence in their own individual timeframe. Young people in care therefore require support and guidance to enable them to make informed choices for their future. To help and enable a smooth transition into independence and adulthood, the needs of the young person must be assessed and, as part of a planned move toward independence, should take account of individual support needs, wherever possible their preferences and should form part of their Pathway Plan.
Each young person approaching transition pathway planning will be helped and supported through regular reviews at the Pathway Plan Review meeting. Panel meetings will include input from professionals from a variety of agencies, to include where relevant and involved Housing, Adult Social Care and if required, Mental Health services; to ensure plans and expectations are young person centred, realistic and achievable.
All young people - Eligible, Relevant or Former Relevant – should be involved in an assessment of their needs that considers the advice, assistance and support they will need when leaving care. The assessment should include all aspects of the young persons need, be person centred and collaborative. The young person's social worker will be responsible for coordinating the Needs Assessment which should commence around the age of fifteen and three quarters.
This assessment should be completed no more than 3 months after the young person's 16th birthday or after the young person becomes Eligible or Relevant if this is later. Ideally, it should be in place by the young person’s sixteenth birthday. The timetable must take account of any forthcoming exams and avoid disrupting the young person's preparation for them.
For further information please refer to the Leaving Care and Transition procedure.
This assessment should be completed no more than 3 months after the young person's 16th birthday or after the young person becomes Eligible or Relevant if this is later. Ideally, it should be in place by the young person’s sixteenth birthday. The timetable must take account of any forthcoming exams and avoid disrupting the young person's preparation for them.
For further information please refer to the Leaving Care and Transition procedure.
Children’s Services workers are required to co-produce, review and maintain Pathway Plans for all children and young people leaving care at least until the age of 21 years. The Pathway Plan is developed collaboratively with input from the young person, Social Worker and/or PA and is designed to replace the Care Plan as the young person leaves care and takes greater responsibility for their independence with the help of services supporting acting as any good parent would. Indeed, as a corporate parent, partnerships of services should use their collective resources to provide the best that they can do to their young people, and where possible offer favoured and positive discrimination to support their young people when developing the pathway plan. The plan belongs to the young person and so should not be shared without their consent.
The purpose of the Pathway Plan is to enable care experienced young people to express, develop and plan for their aspirations for the future. This covers key aspects of their lives including health, education, work, leisure, relationships, and housing. independence.
Provision of accommodation is a joint responsibility of DCC and LHAs and therefore it is of the utmost importance that we (DCC and LHAs) work collaboratively to understand current and future housing need and demand. Data collected through completion of accurate assessments of need are essential to ensure that DCC & LHA’s can plan ahead as much as possible to ensure that appropriate provision of both accommodation and support are available. Quality personalised plans are essential to ensure appropriate, timely provision, with any additional support required to give young people the maximum chance of success.
Input from housing professionals will be an essential part of the housing element of the Pathway Plan. Young people preparing their Pathway Plans will be supported to access information and advice on their housing options and available choices and from the age of 16, they will be able to speak with housing professionals to support this.
The purpose of the Pathway Plan is to enable care experienced young people to express, develop and plan for their aspirations for the future. This covers key aspects of their lives including health, education, work, leisure, relationships, and housing. independence.
Provision of accommodation is a joint responsibility of DCC and LHAs and therefore it is of the utmost importance that we (DCC and LHAs) work collaboratively to understand current and future housing need and demand. Data collected through completion of accurate assessments of need are essential to ensure that DCC & LHA’s can plan ahead as much as possible to ensure that appropriate provision of both accommodation and support are available. Quality personalised plans are essential to ensure appropriate, timely provision, with any additional support required to give young people the maximum chance of success.
Input from housing professionals will be an essential part of the housing element of the Pathway Plan. Young people preparing their Pathway Plans will be supported to access information and advice on their housing options and available choices and from the age of 16, they will be able to speak with housing professionals to support this.
It is important that any offer us likely to be sustainable. For example, an immediate offer of a tenancy in a self-contained home may not be the most appropriate form of accommodation for some young people leaving care. The consequences of a premature, failed attempt at independent living can be a negative experience for a care experienced young person and enduring. Therefore, there should be a range of Housing Options available for any care experienced young people who are not yet ready to take on the full responsibilities of a tenancy.
Below are listed the main accommodation pathways that young people can take, some short-term or transitional, some longer term. This list is not exhaustive and not in any order or preference or priority:
Further detail on each pathway option can be found in the practice guidance document along with guidance on how each option is accessed or how a referral can be made.
- Supported accommodation
- Supported Lodgings
- Staying Put
- Staying Close
- Supported living providers
- Return to family where safe and appropriate
- Private rented accommodation
- Training flats
- Social Housing
- Semi-independent accommodation and/or Foyers
Further detail on each pathway option can be found in the practice guidance document along with guidance on how each option is accessed or how a referral can be made.
Young people with additional needs approaching transition pathway planning will be informed by regular review at the Permanence Panel and Multi-Disciplinary Forum for Complex Care Experienced young people. The young person will be supported to attend their initial (housing options) joint assessment interview along with their PA/SW and housing worker.
You can find out more about Adult Services Housing Options here In some cases, we may work with young people who have a physical or mental impairment or illness where the needs meet the eligibility criteria laid out in the Care Act (2014). The criteria dictates when adult social care have a duty to ensure that those needs are being appropriately met.
With the young person's consent or, where the young person is evidenced to not have capacity to make the decision, through a best interest decision, a request for a Care Act Transition Assessment will be made (add link to the referral page on Devon SEND local offer).
Once a determination of eligibility has been made, Adult Social Care will inform the Corporate Parenting team of the outcome.
If eligibility is established Adult Social Care will identify if the young person requires specified accommodation.
If specified accommodation is required Adult Social Care will identify the options available to the young person. This will include conversion of the foster placement to a Shared Lives service when the foster family are willing to convert to being a host family.
For all other young people with eligible needs Adult Social Care will work with Corporate Parenting and District Council colleagues to identify the support options available to the young person or, if they lack capacity, the decision maker depending upon the accommodation that is sourced.
If the care and support needs of the young person can be met with them living in any available accommodation option, including general needs housing, the following options can be considered, taking into account the wishes of the young person and what will be least disruptive, best value, and least restrictive.
If the young person requires support with personal care to a level that requires the provider to have regulatory oversight from CQC and remaining with the foster family is identified as being possible and appropriate, two options are available, converting to Shared Lives fully funded by adult social care or continuing with the Staying Put funding from corporate parenting with the personal care being supplied by a personal care company funded by adult social care.
If the young person doesn't require support with personal care but does require support with other adult social care eligible outcomes and remaining with the foster family is identified as possible and appropriate, adult social care will agree a support plan that ensures that the eligible outcomes are met. This may include commissioning some identified hours of support from a provider.
If the young person is unable to remain within their current accommodation, e.g. those who are in registered children's homes or the foster carer is unable to continue, the appropriate section of the protocol will be enacted with the additional action of adult social care ensuring that Care Act eligible outcomes are being met.
You can find out more about Adult Services Housing Options here In some cases, we may work with young people who have a physical or mental impairment or illness where the needs meet the eligibility criteria laid out in the Care Act (2014). The criteria dictates when adult social care have a duty to ensure that those needs are being appropriately met.
With the young person's consent or, where the young person is evidenced to not have capacity to make the decision, through a best interest decision, a request for a Care Act Transition Assessment will be made (add link to the referral page on Devon SEND local offer).
Once a determination of eligibility has been made, Adult Social Care will inform the Corporate Parenting team of the outcome.
If eligibility is established Adult Social Care will identify if the young person requires specified accommodation.
If specified accommodation is required Adult Social Care will identify the options available to the young person. This will include conversion of the foster placement to a Shared Lives service when the foster family are willing to convert to being a host family.
For all other young people with eligible needs Adult Social Care will work with Corporate Parenting and District Council colleagues to identify the support options available to the young person or, if they lack capacity, the decision maker depending upon the accommodation that is sourced.
If the care and support needs of the young person can be met with them living in any available accommodation option, including general needs housing, the following options can be considered, taking into account the wishes of the young person and what will be least disruptive, best value, and least restrictive.
If the young person requires support with personal care to a level that requires the provider to have regulatory oversight from CQC and remaining with the foster family is identified as being possible and appropriate, two options are available, converting to Shared Lives fully funded by adult social care or continuing with the Staying Put funding from corporate parenting with the personal care being supplied by a personal care company funded by adult social care.
If the young person doesn't require support with personal care but does require support with other adult social care eligible outcomes and remaining with the foster family is identified as possible and appropriate, adult social care will agree a support plan that ensures that the eligible outcomes are met. This may include commissioning some identified hours of support from a provider.
If the young person is unable to remain within their current accommodation, e.g. those who are in registered children's homes or the foster carer is unable to continue, the appropriate section of the protocol will be enacted with the additional action of adult social care ensuring that Care Act eligible outcomes are being met.
The Independent Reviewing Officer (IRO) plays a key part in ensuring there is effective care planning and review in respect of transition to independence, in order to optimise the outcomes for the young person. The IRO should be satisfied that there is appropriate, timely and proactive planning taking place.
The IRO will continue to oversee the transition planning process until the young person reaches their 18th birthday through the facilitation of the young person’s 6-monthly reviews. This will ensure an independent perspective in relation to the planning and ensure that the views of the young person are given full representation and are promoted. This will include ensuring there is a robust accommodation plan in place with joined up service.
The IRO will continue to oversee the transition planning process until the young person reaches their 18th birthday through the facilitation of the young person’s 6-monthly reviews. This will ensure an independent perspective in relation to the planning and ensure that the views of the young person are given full representation and are promoted. This will include ensuring there is a robust accommodation plan in place with joined up service.
A significant aim of this protocol is to avoid situations where a care experienced young person becomes homeless. The protocol strives to hold partners to account to apply effective and timely preparation, careful consideration of appropriate accommodation options, and to seek to intervene assertively when things don’t go as planned.
Housing providers funded by DCC or LHAs are responsible for ensuring that young people are supported so that they do not leave accommodation in an unplanned way. Every effort should be made to ensure that all appropriate action is taken to support young people to maintain their accommodation. Where a young person is at risk of losing their placement or tenancy, commissioned providers will follow the Pre-Eviction Protocol (available in the Practice Guidance Document) to ensure early action can be taken to maximise early intervention opportunities. Early referral to advocacy services to support young people to avoid eviction may be beneficial and should always be considered if this may broker co-produced plans to stabilise tenancies.
Where a young person approaches housing services for accommodation, or for help with obtaining accommodation, housing services should treat this as an application for assistance under Part 7 of the 1996 Act. If housing services 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 as part of their housing needs assessment.
The Homelessness Reduction Act includes duties to support anyone who is homeless or threatened with homelessness within 56 days. For care experienced young people this will include support offered under the prevention and relief duties and the use of personalised housing plans, including reasonable steps agreed between the young person, Devon County Council, and the relevant LHA.
Housing providers funded by DCC or LHAs are responsible for ensuring that young people are supported so that they do not leave accommodation in an unplanned way. Every effort should be made to ensure that all appropriate action is taken to support young people to maintain their accommodation. Where a young person is at risk of losing their placement or tenancy, commissioned providers will follow the Pre-Eviction Protocol (available in the Practice Guidance Document) to ensure early action can be taken to maximise early intervention opportunities. Early referral to advocacy services to support young people to avoid eviction may be beneficial and should always be considered if this may broker co-produced plans to stabilise tenancies.
Where a young person approaches housing services for accommodation, or for help with obtaining accommodation, housing services should treat this as an application for assistance under Part 7 of the 1996 Act. If housing services 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 as part of their housing needs assessment.
The Homelessness Reduction Act includes duties to support anyone who is homeless or threatened with homelessness within 56 days. For care experienced young people this will include support offered under the prevention and relief duties and the use of personalised housing plans, including reasonable steps agreed between the young person, Devon County Council, and the relevant LHA.
It is expected that most requests for assistance will come to the LHA via the individual or their PA, and approaches will be made prior to a care experienced young person becoming street homeless. However, it is recognised that the risk of rough sleeping can be high among care experienced young people and steps must be taken to ensure this risk is minimised.
LHAs recognise the importance of partner agencies, outreach and third sector services in identifying and supporting rough sleepers across Devon. LHAs will ensure that referral routes for Care experienced young people identified as rough sleeping are clear and well communicated to ensure a rapid and assertive response.
Where a Care experienced young person is identified as rough sleeping the LHA will prioritise their referral. Children's services and LHAs will work together to ensure an open offer of emergency accommodation is available to the Care experienced young person, and that this offer is communicated with the young person. Weekly (at least initially) outreach support from the PA and/or the team around the young person is essential to ensure the communication of this offer and provision of support to be in. Care experienced young people will be supported by their PAs to access elements of the Local Offer and support from the Leaving Care service, irrespective of their acceptance of accommodation.
LHAs recognise the importance of partner agencies, outreach and third sector services in identifying and supporting rough sleepers across Devon. LHAs will ensure that referral routes for Care experienced young people identified as rough sleeping are clear and well communicated to ensure a rapid and assertive response.
Where a Care experienced young person is identified as rough sleeping the LHA will prioritise their referral. Children's services and LHAs will work together to ensure an open offer of emergency accommodation is available to the Care experienced young person, and that this offer is communicated with the young person. Weekly (at least initially) outreach support from the PA and/or the team around the young person is essential to ensure the communication of this offer and provision of support to be in. Care experienced young people will be supported by their PAs to access elements of the Local Offer and support from the Leaving Care service, irrespective of their acceptance of accommodation.
The assessment process must consider the applicants housing needs, circumstances leading to them becoming homeless and what support may be required to enable them to resolve their housing need.
Care Experienced young people will be assessed in a holistic and trauma informed way and advice and support will be tailored to the needs of the young person. Care Experienced young people must be given the opportunity to engage in the assessment process with support from their PA, the Homeless Prevention Worker (HPW) or an advocate.
Housing officers will use the Housing Pathway Plan template in place of the usual Personalised Housing Plan to ensure a holistic approach to the young person's needs. See Pathway Plan P8.
Care Experienced young people will be assessed in a holistic and trauma informed way and advice and support will be tailored to the needs of the young person. Care Experienced young people must be given the opportunity to engage in the assessment process with support from their PA, the Homeless Prevention Worker (HPW) or an advocate.
Housing officers will use the Housing Pathway Plan template in place of the usual Personalised Housing Plan to ensure a holistic approach to the young person's needs. See Pathway Plan P8.
Where the assessment outcome is that the person is eligible for services and threatened with homelessness within 56 days, they will be owed a duty by the LHA to offer what support and assistance is needed to try to prevent them from becoming homeless.
Whilst the duty to prevent homelessness sits with the Local Housing Authority the intention of the protocol is that housing officers, PAs and other partners take a positive collaborative approach to ensuring the best possible outcomes for the young person.
Where prevention activity is unsuccessful, or unlikely to be successful, Housing Officers will work closely with the PA, Young person and Homeless prevention worker to ensure that the transition into alternative accommodation is smooth and well informed throughout. This time should be used to identify suitable emergency housing and/or to source a suitable alternative placement.
This duty remains in place for a full 56 days unless the person becomes homeless within this time, or it is ended through one of the 7 circumstances outlined in the HA1996 (as amended) and explained further in the Homeless Code of Guidance.
Whilst the duty to prevent homelessness sits with the Local Housing Authority the intention of the protocol is that housing officers, PAs and other partners take a positive collaborative approach to ensuring the best possible outcomes for the young person.
- Examples of prevention activities:
- Mediation
- Advocacy
- Landlord/provide negotiations
- Acceptable behaviour contracts (ABC)
- Financial support with arrears and top ups
- Financial support with essential items
- Support to move on to alternate accommodation
- Financial support to move on from accommodation (Rent in advance, deposits, furniture grants)
Where prevention activity is unsuccessful, or unlikely to be successful, Housing Officers will work closely with the PA, Young person and Homeless prevention worker to ensure that the transition into alternative accommodation is smooth and well informed throughout. This time should be used to identify suitable emergency housing and/or to source a suitable alternative placement.
This duty remains in place for a full 56 days unless the person becomes homeless within this time, or it is ended through one of the 7 circumstances outlined in the HA1996 (as amended) and explained further in the Homeless Code of Guidance.
Following an approach to an LHA as homeless, if the LHA is satisfied that the young person is eligible and has ‘reason to believe’ the applicant ‘may’ be homeless and in priority need, an initial interim duty to provide accommodation is triggered.
Accommodation must be made available to the applicant until such time as the LHA has completed their inquiries and are satisfied that the applicant is eligible, homeless and in priority need.
Accommodation must be made available to the applicant until such time as the LHA has completed their inquiries and are satisfied that the applicant is eligible, homeless and in priority need.
Housing teams are committed to working with DCC P&T teams to ensure that no young person becomes homeless or at risk of rough sleeping without support to relieve this.
Homelessness can be defined as:
Homeless code of guidance 2018 DLUHC
Where the assessment outcome is that they are eligible for services, are currently homeless and have a local connection to the district, they will be owed a duty by the LHA to offer what support and assistance is required to relieve their homelessness; the Relief Duty requires that the housing authority takes reasonable steps to help the applicant secure suitable accommodation with a reasonable prospect that it will be available for their occupation for at least 6 months. These reasonable steps must be agreed with the young person and communicated verbally and in writing using the Pathway Plan housing template or a Personalised Housing Plan.
This duty remains in place for a full 56 days unless it is ended through acceptance of a main housing duty, or one of the 7 circumstances outlined in ‘Ending a prevention or relief duty’.
Homelessness can be defined as:
- Under section 175 Housing Act 1996, a person is homeless if they have no accommodation in the UK or elsewhere which is available for their occupation and which that person has a legal right to occupy.
- A person is also homeless if they have accommodation but cannot secure entry to it, or the accommodation is a moveable structure, vehicle or vessel designed or adapted for human habitation and there is nowhere it can lawfully be placed to provide accommodation.
- A person who has accommodation is to be treated as homeless where it would not be reasonable for them to continue to occupy that accommodation.
Homeless code of guidance 2018 DLUHC
Where the assessment outcome is that they are eligible for services, are currently homeless and have a local connection to the district, they will be owed a duty by the LHA to offer what support and assistance is required to relieve their homelessness; the Relief Duty requires that the housing authority takes reasonable steps to help the applicant secure suitable accommodation with a reasonable prospect that it will be available for their occupation for at least 6 months. These reasonable steps must be agreed with the young person and communicated verbally and in writing using the Pathway Plan housing template or a Personalised Housing Plan.
This duty remains in place for a full 56 days unless it is ended through acceptance of a main housing duty, or one of the 7 circumstances outlined in ‘Ending a prevention or relief duty’.
Where an applicant has been assessed as eligible and homeless (Relief duty owed) the LHA must then make inquiries to determine whether an accommodation duty under S188 HA 1996 is owed. An accommodation duty is owed where an applicant has been assessed as in ‘Priority Need’.
There are multiple reasons a person may be in Priority Need. To be in Priority Need, an applicant must be considered ‘more vulnerable than an ordinary person, if made homeless’. For a full outline of the different reasons an applicant may be found priority need please see ‘Homeless Code of Guidance Ch. 8’
Care experienced young people up to the age of 21 have an automatic ‘Priority Need’ for emergency accommodation if they are eligible and homeless.
Care experienced young people over 21 do not and therefore their priority need status will be determined following an assessment, in line with the Housing Act 1996 (as amended) and the Homeless Code of guidance. The LHA must have regard to the young person’s former status as a care experienced young people, amongst other factors, to assess if they have ‘priority need’ when they are eligible and homeless. This is outlined in the Homeless Code of Guidance:
22.22 When assessing whether a person aged 21 or over is vulnerable as a result of having been accommodated or fostered. Factors that a housing authority may wish to consider include:
Homeless Code of Guidance 2018 DHLUC
The use of bed and breakfasts and hotels, which are privately owned accommodation and in particular where residents share facilities with other individuals or households, are not suitable accommodation for Care experienced young people. In exceptional circumstances, where no other form of provision can be sourced B&Bs may be used. Whilst using any form of temporary emergency accommodation is the last resort, in some cases there may be no suitable alternative accommodation available.
In such circumstances, emergency accommodation needs to be made available. Where a Care experienced young person has been provided with emergency housing, irrespective of the accommodation type, they will receive a weekly visit from their PA or another agreed appropriate professional.
Where a young person is placed into emergency accommodation the LHA needs to ensure the DCC Leaving Care Service is notified at the earliest opportunity, supporting swift and regular review meetings to enable the exploration of appropriate move on options.
There are multiple reasons a person may be in Priority Need. To be in Priority Need, an applicant must be considered ‘more vulnerable than an ordinary person, if made homeless’. For a full outline of the different reasons an applicant may be found priority need please see ‘Homeless Code of Guidance Ch. 8’
Care experienced young people up to the age of 21 have an automatic ‘Priority Need’ for emergency accommodation if they are eligible and homeless.
Care experienced young people over 21 do not and therefore their priority need status will be determined following an assessment, in line with the Housing Act 1996 (as amended) and the Homeless Code of guidance. The LHA must have regard to the young person’s former status as a care experienced young people, amongst other factors, to assess if they have ‘priority need’ when they are eligible and homeless. This is outlined in the Homeless Code of Guidance:
22.22 When assessing whether a person aged 21 or over is vulnerable as a result of having been accommodated or fostered. Factors that a housing authority may wish to consider include:
- the length of time that the applicant was looked after, accommodated or fostered;
- the reasons why they were looked after, accommodated or fostered;
- the length of time since the applicant left care, and whether they have been able to obtain and maintain accommodation during any of that period.
- whether the applicant has any existing support networks, particularly including family, friends or a mentor.
Homeless Code of Guidance 2018 DHLUC
The use of bed and breakfasts and hotels, which are privately owned accommodation and in particular where residents share facilities with other individuals or households, are not suitable accommodation for Care experienced young people. In exceptional circumstances, where no other form of provision can be sourced B&Bs may be used. Whilst using any form of temporary emergency accommodation is the last resort, in some cases there may be no suitable alternative accommodation available.
In such circumstances, emergency accommodation needs to be made available. Where a Care experienced young person has been provided with emergency housing, irrespective of the accommodation type, they will receive a weekly visit from their PA or another agreed appropriate professional.
- Where a Care experienced young person is provided emergency housing and is considered to have medium or high support/behaviour management needs, they will receive a visit from their PA within 48hrs and a referral for floating support will be made at this point.
- A support package to meet needs identified by the PA in the initial visit will be provided by the appropriate agency within a maximum 10 working days. This may be through existing commissioned services or spot purchased through Children’s Social Care.
- Where consent for a referral for floating support is not forthcoming, the PA and Housing Officer will meet to discuss appropriate next steps to include consideration of support being a condition of ongoing accommodation provision where eviction due to Anti- Social behaviour would be the likely outcome.
- Where an identified support need is unable to be resourced, this will be escalated according to the Escalations and Advocacy section – page 16.
Where a young person is placed into emergency accommodation the LHA needs to ensure the DCC Leaving Care Service is notified at the earliest opportunity, supporting swift and regular review meetings to enable the exploration of appropriate move on options.
If a relief duty is not ended due to one of the 7 circumstances outlined in Homeless Code of Guidance section 14 the LHA must make inquiries to satisfy whether or not the applicant is considered to be intentionally homeless or is owed a main housing duty.
Intentionally Homeless
Whilst any care experienced young person’s needs will be assessed on a case-by-case basis; the following is an outline of the approach all Local Authority Housing and Children Service colleagues will have regard to when meeting the needs of Care Experienced young people across Devon.
Care Experienced young people who have lost accommodation related to what is determined to be unacceptable behaviour or decision making on their part, will have their homelessness assessed in a trauma informed way. All decisions will be made through use of the Preventing Care Leaver Homelessness: Intentional Homeless Decision Template. This template can be found in the practice guidance Intentional Homelessness section.
Careful assessment of the young person’s holistic needs must form the basis of any decision relating to intentionality. A clear assessment of the support needs presented by the young person, and the level of support in place to meet these needs, will be an important factor in assessing intentionality.
When assessing Intentionality, particular care must be taken in determining whether the act or omission leading to the homelessness should be considered ‘deliberate’.
An act or omission should not generally be treated as deliberate, even where deliberately carried out, if it is forced upon the applicant through no fault of their own. Moreover, an act or omission made in good faith where someone is genuinely ignorant of a relevant fact must not be treated as deliberate.
Homeless code of guidance 2018 DLUHC
Examples of this could include applicants who have been victims of exploitation, cuckooing, victims of domestic abuse or victims of coercive control. Where trauma or mental ill-health or illness, is deemed to be a significant contributing factor in the behaviours or decisions made resulting in the loss of accommodation; the Care experienced young person will not be found to be intentionally homeless.
Where it is felt that the Care experienced young person should be held accountable for their actions and were informed regarding the consequences of those actions, a statutory duty may not be owed. To ensure parity in decision making, any intentionally homeless decision will be reached following collaboration between services. All decisions will be signed off by a senior member of staff from both Children’s Services and Housing Services. An up-to-date list of delegated officers can be found in the practice guidance document.
The local housing authority will be directed by the homeless code of guidance (Homelessness Code of Guidance (publishing.service.gov.uk)), specifically sections 15.13 to 15.15, which details the duties under Section 190(2): duty to provide accommodation to applicants who are intentionally homeless. As part of the commitment to the corporate parenting principles, the local housing authority will work with the young person and their PA/SW to ensure there is sufficient time allowed to secure alternative accommodation for the young person. This will be a minimum of 4 weeks and will often take the form of an indefinite period. Unless the placement ends due to breach of the terms of the accommodation, or due to alternative suitable accommodation being offered or secured.
Main duty acceptance
Where an applicant is found to be Eligible, Homeless, has a local connection, Priority Need and unintentionally homeless their case will move into Main Duty stage.
The Main Duty status infers an obligation on the LHA to provide suitable accommodation for the long term. This will usually mean that the applicant remains in suitable temporary accommodation and the LHA seeks to secure long term suitable accommodation to offer to the applicant in order to discharge the Main Duty. The 8 circumstances under which the Main Duty may be ended are outlined in Homeless Code of Guidance section 15.
The accommodation offered must be suitable, reasonable, and affordable for the applicant to occupy. The assessment of suitability will consider the finding of the Housing Needs Assessment.
Accommodation offers could include:
The LHA is required to make an offer of suitable accommodation. To ensure any offer made is suitable the LHA will consider the needs and vulnerabilities outlined as part of the assessment process. Once suitable accommodation is identified the requirements laid out in the Suitability of Accommodation Order 2012 will apply in ensuring the offer is reasonable.
If an offer of suitable accommodation is refused, the duty will end and no further accommodation will be made available, including ongoing temporary accommodation. It is therefore important that the LHA communicate the final offer of accommodation to end the duty with the young person and the PA, HPW and/or any other identified advocate. The consequences of refusing a final offer must be explained clearly both verbally and in writing and the LHA must be satisfied that the decision to refuse the accommodation was made in an informed way before discharging the duty.
In instances where refusal has occurred or is likely to occur, if consent is declined or withdrawn, the LHA and DCC will determine whether there is a legal basis for this information to be shared in accordance with data protection and the overarching need to safeguard a care experienced young person, and ensure that they are safe and not street homeless.
Intentionally Homeless
Whilst any care experienced young person’s needs will be assessed on a case-by-case basis; the following is an outline of the approach all Local Authority Housing and Children Service colleagues will have regard to when meeting the needs of Care Experienced young people across Devon.
Care Experienced young people who have lost accommodation related to what is determined to be unacceptable behaviour or decision making on their part, will have their homelessness assessed in a trauma informed way. All decisions will be made through use of the Preventing Care Leaver Homelessness: Intentional Homeless Decision Template. This template can be found in the practice guidance Intentional Homelessness section.
Careful assessment of the young person’s holistic needs must form the basis of any decision relating to intentionality. A clear assessment of the support needs presented by the young person, and the level of support in place to meet these needs, will be an important factor in assessing intentionality.
When assessing Intentionality, particular care must be taken in determining whether the act or omission leading to the homelessness should be considered ‘deliberate’.
An act or omission should not generally be treated as deliberate, even where deliberately carried out, if it is forced upon the applicant through no fault of their own. Moreover, an act or omission made in good faith where someone is genuinely ignorant of a relevant fact must not be treated as deliberate.
Homeless code of guidance 2018 DLUHC
Examples of this could include applicants who have been victims of exploitation, cuckooing, victims of domestic abuse or victims of coercive control. Where trauma or mental ill-health or illness, is deemed to be a significant contributing factor in the behaviours or decisions made resulting in the loss of accommodation; the Care experienced young person will not be found to be intentionally homeless.
Where it is felt that the Care experienced young person should be held accountable for their actions and were informed regarding the consequences of those actions, a statutory duty may not be owed. To ensure parity in decision making, any intentionally homeless decision will be reached following collaboration between services. All decisions will be signed off by a senior member of staff from both Children’s Services and Housing Services. An up-to-date list of delegated officers can be found in the practice guidance document.
The local housing authority will be directed by the homeless code of guidance (Homelessness Code of Guidance (publishing.service.gov.uk)), specifically sections 15.13 to 15.15, which details the duties under Section 190(2): duty to provide accommodation to applicants who are intentionally homeless. As part of the commitment to the corporate parenting principles, the local housing authority will work with the young person and their PA/SW to ensure there is sufficient time allowed to secure alternative accommodation for the young person. This will be a minimum of 4 weeks and will often take the form of an indefinite period. Unless the placement ends due to breach of the terms of the accommodation, or due to alternative suitable accommodation being offered or secured.
Main duty acceptance
Where an applicant is found to be Eligible, Homeless, has a local connection, Priority Need and unintentionally homeless their case will move into Main Duty stage.
The Main Duty status infers an obligation on the LHA to provide suitable accommodation for the long term. This will usually mean that the applicant remains in suitable temporary accommodation and the LHA seeks to secure long term suitable accommodation to offer to the applicant in order to discharge the Main Duty. The 8 circumstances under which the Main Duty may be ended are outlined in Homeless Code of Guidance section 15.
The accommodation offered must be suitable, reasonable, and affordable for the applicant to occupy. The assessment of suitability will consider the finding of the Housing Needs Assessment.
Accommodation offers could include:
- Supported housing placement
- Private rented accommodation
- Room in shared accommodation
- Social housing accommodation
- Return to live with parents or extended family
The LHA is required to make an offer of suitable accommodation. To ensure any offer made is suitable the LHA will consider the needs and vulnerabilities outlined as part of the assessment process. Once suitable accommodation is identified the requirements laid out in the Suitability of Accommodation Order 2012 will apply in ensuring the offer is reasonable.
If an offer of suitable accommodation is refused, the duty will end and no further accommodation will be made available, including ongoing temporary accommodation. It is therefore important that the LHA communicate the final offer of accommodation to end the duty with the young person and the PA, HPW and/or any other identified advocate. The consequences of refusing a final offer must be explained clearly both verbally and in writing and the LHA must be satisfied that the decision to refuse the accommodation was made in an informed way before discharging the duty.
In instances where refusal has occurred or is likely to occur, if consent is declined or withdrawn, the LHA and DCC will determine whether there is a legal basis for this information to be shared in accordance with data protection and the overarching need to safeguard a care experienced young person, and ensure that they are safe and not street homeless.
Support going into custody
If a young person is expected to go into custody, then their Personal Advisors must support them to prepare, this will include assisting with things that they can take with them and gathering names and contact details for people they may want to keep in touch with.
Young people in custody will receive a monthly allowance of £20.00 per calendar month from Devon County Council.
Personal Advisors will visit the young person within two weeks and then bi-monthly after that, however this can be dependent on the different visiting mechanisms within each prison and availability of visiting times. They will keep in touch via phone calls, emails and letters.
Each prison has a Care Leaver lead. Young people are asked if they are care experienced and if so, the prison will refer them to the Care Leaver lead. Care experienced young people may identify as vulnerable and be placed on the vulnerable wing rather than within the general population.
Personal Advisors will contact the offender management team and ensure that they are appraised of any additional needs that a care experienced person may have such has specific vulnerabilities, such as addiction, mental health needs, risk of exploitation but also any religious and cultural needs where applicable.
Support for release
Transition meetings will begin three months prior to a young person’s release date. These should include the young person, offender manager, probation officer, DCC housing officer and district housing representative, team manager, Employment Education and Training Personal Advisor and their own Personal Advisor. Family members may attend if they are going to support the young person when they are released. This means that young people should know:
The young person’s pathway plan will be completed for when they are released.
On the day of release
The young person will be met at the prison by their Personal Advisor or another person agreed via the transition meeting process. Support will be provided to enable attendance at relevant appointments and to access income and housing.
An allowance of £60 for up to five weeks will be made available from DCC until any benefit or work-related income is available. See ‘Local Offer’ – custody section
If a young person is expected to go into custody, then their Personal Advisors must support them to prepare, this will include assisting with things that they can take with them and gathering names and contact details for people they may want to keep in touch with.
Young people in custody will receive a monthly allowance of £20.00 per calendar month from Devon County Council.
Personal Advisors will visit the young person within two weeks and then bi-monthly after that, however this can be dependent on the different visiting mechanisms within each prison and availability of visiting times. They will keep in touch via phone calls, emails and letters.
Each prison has a Care Leaver lead. Young people are asked if they are care experienced and if so, the prison will refer them to the Care Leaver lead. Care experienced young people may identify as vulnerable and be placed on the vulnerable wing rather than within the general population.
Personal Advisors will contact the offender management team and ensure that they are appraised of any additional needs that a care experienced person may have such has specific vulnerabilities, such as addiction, mental health needs, risk of exploitation but also any religious and cultural needs where applicable.
Support for release
Transition meetings will begin three months prior to a young person’s release date. These should include the young person, offender manager, probation officer, DCC housing officer and district housing representative, team manager, Employment Education and Training Personal Advisor and their own Personal Advisor. Family members may attend if they are going to support the young person when they are released. This means that young people should know:
- Where they are going to live when they leave prison and the arrangements for this
- Any licence conditions
- What is going to happen on the day they are released such as who is going to meet them and what they need to do on that day
The young person’s pathway plan will be completed for when they are released.
On the day of release
The young person will be met at the prison by their Personal Advisor or another person agreed via the transition meeting process. Support will be provided to enable attendance at relevant appointments and to access income and housing.
An allowance of £60 for up to five weeks will be made available from DCC until any benefit or work-related income is available. See ‘Local Offer’ – custody section
Setting up home allowance
When a young person moves into their own accommodation, they can access a Setting Up Home Allowance for the purchase of furniture and white goods. This is organised through their PAs, and they work together to agree which items are needed. Further information is available in the ‘Local Offer’.
Children Service Top Up funding
Available for short term cover of housing costs that would otherwise render a placement unaffordable. These funds are discretionary and accessed through application via the PA.
Discretionary Housing Payments
Where housing costs are paid by Universal Credit, care-experienced young people may be eligible for Discretionary Housing Payments if they are suffering financial hardship. A financial assessment forms part of the decision. Discretionary Housing Payments can cover certain accommodation costs either as a one-off payment or on an ongoing basis.
If a young person is receiving Universal Credit Housing Benefit element and has a shortfall between their rent and Housing Benefit entitlement, Discretionary Housing Payments may be able to be awarded to help with the shortfall, subject to District Council criteria around the award of Discretionary Housing Payments.
Discretionary Housing Payments cannot be used to cover some services included in the rent as a service charge. An award to help with a rent shortfall will normally be made for a short period rather than permanently or long term. Awards are generally intended as a stop gap to give the tenant time to resolve financial problems by looking at options such as finding cheaper accommodation or increasing their income such as finding work. Individual circumstances will however be considered in deciding the length of an award.
Discretionary Housing Payments can also be made for one off accommodation associated expenses such as rent in advance or deposits for private tenancies.
Homeless Prevention Fund
District and Borough LHAs each hold funding for the purpose of preventing homelessness. This funding can be accessed to support with payments of arrears, costs associated with securing a home, one off travel costs to facilitate access to housing and many other housing related support costs.
When a young person moves into their own accommodation, they can access a Setting Up Home Allowance for the purchase of furniture and white goods. This is organised through their PAs, and they work together to agree which items are needed. Further information is available in the ‘Local Offer’.
Children Service Top Up funding
Available for short term cover of housing costs that would otherwise render a placement unaffordable. These funds are discretionary and accessed through application via the PA.
Discretionary Housing Payments
Where housing costs are paid by Universal Credit, care-experienced young people may be eligible for Discretionary Housing Payments if they are suffering financial hardship. A financial assessment forms part of the decision. Discretionary Housing Payments can cover certain accommodation costs either as a one-off payment or on an ongoing basis.
If a young person is receiving Universal Credit Housing Benefit element and has a shortfall between their rent and Housing Benefit entitlement, Discretionary Housing Payments may be able to be awarded to help with the shortfall, subject to District Council criteria around the award of Discretionary Housing Payments.
Discretionary Housing Payments cannot be used to cover some services included in the rent as a service charge. An award to help with a rent shortfall will normally be made for a short period rather than permanently or long term. Awards are generally intended as a stop gap to give the tenant time to resolve financial problems by looking at options such as finding cheaper accommodation or increasing their income such as finding work. Individual circumstances will however be considered in deciding the length of an award.
Discretionary Housing Payments can also be made for one off accommodation associated expenses such as rent in advance or deposits for private tenancies.
Homeless Prevention Fund
District and Borough LHAs each hold funding for the purpose of preventing homelessness. This funding can be accessed to support with payments of arrears, costs associated with securing a home, one off travel costs to facilitate access to housing and many other housing related support costs.
It may be that, on occasion, partner agencies are not able to agree 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 Service Manager for Housing Needs and the Senior Manager for Corporate Parenting. Given the significant implications for individual care experienced people escalation should occur contemporaneously so that vulnerable young people are not placed in situations of risk. Lessons learnt will be shared with staff and Senior Management Team (SMT).
The signatories to this Joint Protocol recognise that despite the arrangements outlined within this protocol, some young people will have difficulty in understanding or will lack confidence in the assessment process. There may be young people who are dissatisfied with the response of the agencies once they have been assessed.
To ensure that these young people can confidently explore their housing options, they should be made aware of any complaints, reviews, and appeal procedures. It is our intention that the PA and Housing officer will be able to resolve most issues however, more information about the feedback and complaints procedure for Devon County Council can be found online.
All statutory decisions made by a LHA are subject to a review process as detailed in the decision letter, and all LHA have their own complaints procedure, available via that District.
DCC commissions NYAS to provide independent advocacy to children and young people, including care-experienced young people up to age 25. Care experienced young people who want to access advocacy for support and advice can refer themselves. For further information and contact details, visit their website or they can ask for help with the referral if they are not wishing to self-refer.
The signatories to this Joint Protocol recognise that despite the arrangements outlined within this protocol, some young people will have difficulty in understanding or will lack confidence in the assessment process. There may be young people who are dissatisfied with the response of the agencies once they have been assessed.
To ensure that these young people can confidently explore their housing options, they should be made aware of any complaints, reviews, and appeal procedures. It is our intention that the PA and Housing officer will be able to resolve most issues however, more information about the feedback and complaints procedure for Devon County Council can be found online.
All statutory decisions made by a LHA are subject to a review process as detailed in the decision letter, and all LHA have their own complaints procedure, available via that District.
DCC commissions NYAS to provide independent advocacy to children and young people, including care-experienced young people up to age 25. Care experienced young people who want to access advocacy for support and advice can refer themselves. For further information and contact details, visit their website or they can ask for help with the referral if they are not wishing to self-refer.
To assist young people speedily and appropriately, and help avoid the duplication of work, agencies working with young people will need to share information about individuals. In doing this, agencies and staff need to be aware of their information sharing obligations regarding the exchange of any information.
Information that is necessary for the planning and carrying out of effective services for the young people should be shared. When sharing or receiving information, agencies must acknowledge that any information relating to a service user is of a sensitive nature and must always be kept confidential.
In all instances consent will be requested from the young person. Where it is declined or withdrawn, the LHA and DCC will determine whether there is a legal basis for this information to be shared in accordance with data protection and overarching safeguarding of a care experienced young person. Decisions will be recorded on the records of both parties.
Where this is deemed to be necessary, both agencies will make it clear to the young person why they are sharing information and what information they will share.
Data protection legislation is not a barrier to sharing information, but is a framework to ensure that information:
Information that is necessary for the planning and carrying out of effective services for the young people should be shared. When sharing or receiving information, agencies must acknowledge that any information relating to a service user is of a sensitive nature and must always be kept confidential.
In all instances consent will be requested from the young person. Where it is declined or withdrawn, the LHA and DCC will determine whether there is a legal basis for this information to be shared in accordance with data protection and overarching safeguarding of a care experienced young person. Decisions will be recorded on the records of both parties.
Where this is deemed to be necessary, both agencies will make it clear to the young person why they are sharing information and what information they will share.
Data protection legislation is not a barrier to sharing information, but is a framework to ensure that information:
- is shared appropriately and responsibly.
- is managed in a sensible way.
- maintains and strengthens safeguarding:
- preserves the privacy of individuals and balances public protection against the benefit of the individual.
Reviewing the Joint Protocol will be the responsibility of the Devon Youth Homeless Prevention Partnership (DYHPP) which consists of operational managers across DCC and the Districts and other key partners. This group will report into the Homes and Housing Sub-Group of the Strategic Corporate Parenting Board.
The success of this Joint Protocol will ultimately be measured by the reduction of numbers of young people becoming homeless in Devon and the successful sustainment of tenancies. This will be tracked through Monitoring information which is to be provided to Commissioners within 2 weeks of the end of each quarter by the Homelessness Prevention Service.
An annual review the Joint Protocol will take place and will be led jointly by the Senior Manager for Corporate Parenting in DCC and LHA representatives from DYHPP. This will take place within one month of the anniversary of the adoption of this Joint Protocol. Should either party feel that the Joint Protocol or appendices needs to be formally reviewed, and/or amended, prior to this, a meeting will be arranged for this purpose. If any other agency feels that the Joint Protocol is not working, then they can make written representations to the Senior Manager for Corporate Parenting in DCC
The success of this Joint Protocol will ultimately be measured by the reduction of numbers of young people becoming homeless in Devon and the successful sustainment of tenancies. This will be tracked through Monitoring information which is to be provided to Commissioners within 2 weeks of the end of each quarter by the Homelessness Prevention Service.
An annual review the Joint Protocol will take place and will be led jointly by the Senior Manager for Corporate Parenting in DCC and LHA representatives from DYHPP. This will take place within one month of the anniversary of the adoption of this Joint Protocol. Should either party feel that the Joint Protocol or appendices needs to be formally reviewed, and/or amended, prior to this, a meeting will be arranged for this purpose. If any other agency feels that the Joint Protocol is not working, then they can make written representations to the Senior Manager for Corporate Parenting in DCC
There will be ongoing inter-agency training, between DCC and the LHA relevant to their respective work as well as training with a wider set of organisations in relation to how this protocol should be adhered to. Courses that may be relevant include those relating to young people, homelessness, housing rights, family mediation, drug and alcohol misuse, domestic violence/abuse, and risk management.
The respective partners and agencies will aim to make resources available for such purposes, where it has been agreed that the training will be beneficial to officers of both DCC and the LHA, in their work with homeless young people.
DCC and the LHA will build specific information on the protocol and its underpinning processes and tools into induction programmes for all relevant new staff. The anticipated outcome is for staff to develop their awareness and understanding of the roles of DCC and LHA Homelessness Prevention Service, the support offer within Devon for care experienced young people in a housing crisis or where there is a threat of homelessness.
We will support good practice initiatives such as the exchange of staff/joint training opportunities between LHA and all DCC colleagues.
The respective partners and agencies will aim to make resources available for such purposes, where it has been agreed that the training will be beneficial to officers of both DCC and the LHA, in their work with homeless young people.
DCC and the LHA will build specific information on the protocol and its underpinning processes and tools into induction programmes for all relevant new staff. The anticipated outcome is for staff to develop their awareness and understanding of the roles of DCC and LHA Homelessness Prevention Service, the support offer within Devon for care experienced young people in a housing crisis or where there is a threat of homelessness.
We will support good practice initiatives such as the exchange of staff/joint training opportunities between LHA and all DCC colleagues.
DCC is a member of the National Leaving Care Benchmarking Forum which is a specialist peer support network open to all Local Authorities. Membership will ensure that the service is up to date with the latest developments in leaving care through specialist peer learning and development for managers and staff, the associated Young People’s Forum, and a dedicated online network.
Eligible Children are young people aged 16 and 17 who have been a Child in Care for at least 13 weeks since the age of 14 and who are still a child in care.
Relevant Child/Children are young people aged 16 and 17 who have been a Child in Care for at least 13 weeks since the age of 14 and have been a Child in Care at some time while 16 or 17 and who are no longer a Child in Care (i.e. an ‘Eligible Child’). In addition, a child is also a Relevant Child if they would have been a Child in Care by the Local Authority as an Eligible Child but for the fact that on their 16th birthday he or she was detained through the criminal justice system, or in hospital, or if he or she has returned home on family placement and that has broken down.
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.
Looked after, accommodated, or fostered has the same meaning as given by section 24(2) of the Children Act 1989. Child is a person under the age of 18 are defined by s.105 of the Children Act 1989.
Child in Need is a Child who is ‘in need’ as defined in s.17(10) of the Children Act 1989.
Relevant student means a care leaver under 24 to whom section 24B(3) of the Children Act 1989 applies, and who is in full-time further or higher education and for whom term-time accommodation is not available during a vacation.
Joint Protocol is the Devon Joint Protocol for care- experienced young people
Local Housing Authorities (LHA)
Multi-Agency Safeguarding Hub (MASH) is DCCs single point of access for reporting a concern about a child or request additional help for a family. MASH is a working term for a service that brings together the Children's Social Care Access Centre, Early Help Hub and other complementary services to act as a single contact route into targeted and specialist support services for children and families.
DCC Children’s Services Homelessness Prevention Team is the commissioned in-house team comprising of a Pathway Coordinator and Homelessness Prevention workers. This team works with care-experienced young people and LHAs and offers advice and guidance to frontline teams in their efforts to prevent homelessness and to support young people into suitable and secure tenancies.
Relevant Child/Children are young people aged 16 and 17 who have been a Child in Care for at least 13 weeks since the age of 14 and have been a Child in Care at some time while 16 or 17 and who are no longer a Child in Care (i.e. an ‘Eligible Child’). In addition, a child is also a Relevant Child if they would have been a Child in Care by the Local Authority as an Eligible Child but for the fact that on their 16th birthday he or she was detained through the criminal justice system, or in hospital, or if he or she has returned home on family placement and that has broken down.
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.
Looked after, accommodated, or fostered has the same meaning as given by section 24(2) of the Children Act 1989. Child is a person under the age of 18 are defined by s.105 of the Children Act 1989.
Child in Need is a Child who is ‘in need’ as defined in s.17(10) of the Children Act 1989.
Relevant student means a care leaver under 24 to whom section 24B(3) of the Children Act 1989 applies, and who is in full-time further or higher education and for whom term-time accommodation is not available during a vacation.
Joint Protocol is the Devon Joint Protocol for care- experienced young people
Local Housing Authorities (LHA)
- Mid Devon District Council
- Exeter City Council
- North Devon Council
- Teignbridge District Council
- East Devon District Council
- South Hams District Council
- West Devon Borough Council
- Torridge District Council
Multi-Agency Safeguarding Hub (MASH) is DCCs single point of access for reporting a concern about a child or request additional help for a family. MASH is a working term for a service that brings together the Children's Social Care Access Centre, Early Help Hub and other complementary services to act as a single contact route into targeted and specialist support services for children and families.
DCC Children’s Services Homelessness Prevention Team is the commissioned in-house team comprising of a Pathway Coordinator and Homelessness Prevention workers. This team works with care-experienced young people and LHAs and offers advice and guidance to frontline teams in their efforts to prevent homelessness and to support young people into suitable and secure tenancies.
This protocol will be reviewed annually.
All signatories to this document commit to upholding the processes outlined within the Joint Protocol, to working together in constructive dialogue with partners, and to seeking the best possible collective outcomes for care experienced young people.
Each signatory also commits to ensuring that its staff and officers are aware of and understand the terms of the Joint Protocol, including its aims, and will ensure that properly timely training is given to new staff and officers to assure its effective operation.
This Joint Protocol has been signed up to and agreed by the following on behalf of the DCC and the LHA.
- We commit to working professionally, openly, and flexibly to achieve the aims of this Joint Protocol.
- We are committed to developing services to prevent young people from becoming homeless.
- We are committed to working to provide safe and sustainable housing for all care leavers through well planned arrangements
- We commit to attendance at relevant meetings where they are called, and to respond to requests for information in a timely and appropriate manner.
- We commit to participating in and facilitating multi-agency training and awareness relevant to this Joint Protocol, to increase the understanding of the terms of the Joint Protocol, and the role that different organisations and agencies have in delivering its aims.
Each signatory also commits to ensuring that its staff and officers are aware of and understand the terms of the Joint Protocol, including its aims, and will ensure that properly timely training is given to new staff and officers to assure its effective operation.
This Joint Protocol has been signed up to and agreed by the following on behalf of the DCC and the LHA.