2.2.7 Joint Working Protocol between Lambeth Children and Young People’s Service (CYPS), Lambeth Housing Regeneration and Environment Service (HRE) and Lambeth Youth Offending Service (YOS) 16 and 17 year-olds in Need of Accommodation (DRAFT) |
SCOPE OF THIS CHAPTER
DRAFT PROTOCOL
This protocol is an agreement between CYPS, HRE and YOS and is to be used on all occasions when it comes to their attention that a 16/17 year-old may be in need of accommodation.
CYPS has accommodation functions in respect of this age group, under Part III of the Children Act 1989 (the 1989 Act), as does HRE, under Part VII of the Housing Act 1996 (the 1996 Act). YOS does not have such functions but through its work with young offenders, including those in custody, it does become aware of members of this age group who appear to need accommodation.
The relevant teams within CYPS are the Referral Assessment Team (R&AT) and the Multi-Agency Rapid Response Team (MARRT). The relevant team within HRE is the Housing Family Support Service (HFSS).
The purpose of this protocol is to set out the working arrangements between and within these three services.
This protocol implements the guidance given by the Government and Local Government following the decision of the House of Lords in R (G) v. LB Southwark, namely 'Provision of Accommodation for 16/17 year-old young people who may be homeless and/or require accommodation'.
This is a new chapter for October 2011
OTHER RELEVANT CHAPTERS
Protocol for Joint Work between the Youth Offending Service and Children's Social Care
Team Around the Child Procedure
Social Care Thresholds Procedure
Referral and Assessment Process Procedure
Contents
1. Principles
The main principle is that CYPS has primary responsibility for providing accommodation for a child in this age group who is homeless.
Young people in this age group should, if possible, be assisted to live with their family, unless it is unsafe or otherwise inappropriate for them to do so.
Proactive working by CYPS, HRE and YOS with young people and their families in order to prevent homelessness can help to ensure better long-term outcomes for them.
Where homelessness cannot be prevented a full assessment of need under the 1989 Act is to be carried out, followed by integrated service provision that assists the young person to fulfil their potential and help them in the transition to adulthood.
2. Working Arrangements
2.1 16/17 Year-old Seeks Accommodation from HRE
If he has a family home, he will be referred to HFSS, who will carry out an assessment, using a Common Assessment Framework (CAF) form, in order to determine whether or not he can return home the same day. If he can HFSS will support him to return and remain there. If appropriate it will arrange a Team Around the Child (TAC) meeting in order to determine what services can be provided in order to achieve this. Also see Team Around the Child Procedure
If he returns home the same day but HFSS is nonetheless concerned that he may be a child in need for the purposes of section 17(10) of the 1989 Act (see CYPS's Social Care Thresholds Procedure), it will make a referral to CYPS R&AT. A referral should be made if initial attempts to improve the situation have been unsuccessful, accompanied by evidence of the actions taken to date. The completed CAF form is to be used for this purpose, in which, where appropriate, a Lead Professional is identified, together with details of any other referrals to specialist services. The CAF form can also specify a request for CYPS specialist services such as MARRT.
Where HFSS cannot arrange for the young person to return home the same day or he has no family home HRE will treat his approach as an application for housing assistance under Part VII of the 1996 Act but no inquiries need to be carried out until CYPS has made a decision as regards accommodation for him under Section 20 of the 1989 Act. Nonetheless, if a housing officer has reason to believe he may be eligible for assistance and homeless, it will:
- Arrange temporary accommodation for him under Section188 of the 1996 Act pending a decision on his application. Such accommodation must be suitable for 16/17 year olds bearing in mind their vulnerability. B&B accommodation is not suitable and hostel accommodation is not ideal;
- Make an immediate (within one working day) referral to R&AT using the completed CAF form and provide him with a template letter requesting an assessment under the 1989 Act. As outlined above, all other non-urgent referrals are also to be made using the completed CAF form;
- Where appropriate, for example because they do not have money, R&AT will provide subsistence under Section17 of the 1989 Act for young people while they are in temporary accommodation provided by HRE. Requests from HRE for such support are to be made by e-mail or phone to R&AT.
If the HRE housing officer has reason to believe he is homeless but does not have reason to believe he may be eligible for assistance, for example because he is an unaccompanied asylum-seeking child (UASC) or he otherwise has no leave to be in the UK, HFSS will make an immediate and urgent referral to R&AT using the completed CAF form and provide him with a template letter requesting an assessment under the 1989 Act, whereupon R&AT will provide him with suitable emergency accommodation (and subsistence) under section 20 of the 1989 Act.
2.2 16/17 Year-olds who come to the Attention of YOS and Appear to Need Accommodation
YOS may become aware of such a person either through its work with young offenders in the community or because he is due to leave custody.
In either case, if he has a family home but is in conflict with his family, his YOS officer will first try to resolve this conflict but if unsuccessful will refer him to R&AT, by ... (details of procedure). Except that, if he is in custody and was accommodated under the 1989 Act immediately beforehand, whether as a child in care or under section 20 of that Act, CYPS will instead be responsible for trying to resolve this conflict.
In either case, if he has a family home and is not in conflict with his family but it appears it would not be safe for him to return there, for example and in particular because if he did so he would be at risk of serious harm due to gang or peer violence, a detailed risk assessment will be carried out by his YOS officer, a vulnerability management plan produced and a referral made to R&AT, by using this same procedure. R&AT will itself also consider whether it would be safe for him to return home.
In either case, if he does not have a family home or appears to have no leave to be in the UK his YOS officer will refer him to R&AT using this same procedure.
If a 16/17 year-old is in custody and it becomes known that on release he will still be under 18 it is imperative that his YOS officer makes any such referral no less than six weeks before his release date.
2.3 16/17 Year-old Seeks Accommodation from CYPS or is Referred there for this Purpose by another Lambeth Service or Other Agency
He will be referred to R&AT and within one working day a decision will be taken on whether an Initial Assessment is required in order to gather further information. R&AT will undertake an Initial Assessment unless they determine very quickly that he is not homeless and does not require support. In general, if he has a family home, it is not enough to phone the young person's parent/s (or other carer with whom he has been living) and determine whether he can go home that day - in particular, if he is refusing to go home and is making allegations against his parent/s that require further investigation.
If the young person has nowhere safe to stay that night (for example, if he is not being provided with temporary accommodation by HRE), R&AT will provide suitable emergency accommodation (and subsistence), under Section20 of the 1989 Act, pending the outcome of the Initial Assessment. B&B accommodation is not suitable and hostel accommodation is not ideal.
An Initial Assessment should be completed within 10 working days of the referral. Although its particular focus will be accommodation, other needs must also be assessed.
3. Contact Details
R&AT
Office hours: 0207 926 6010/6583/7868/6586/6676/7856/1772, dutymanager@lambeth.gov.uk
Out of hours: to follow
4. CYPS Decision
If following the Initial Assessment R&A is minded to offer the young person concerned accommodation under Section20 of the 1989 Act they will discuss the implications of this with him in order to ascertain and give due consideration to his wishes and feelings and, if relevant, to ensure that suitable longer-term accommodation and other support is organised. If he agrees to accommodation under Section 20 his case will be referred for approval to the Head of the Referral & Assessment Service and the Assistant Director, Multi-Agency Referral Assessment, Family Support and Child Protection (MARAFSCP).
It is essential that the young person is fully consulted about and understands the implications of being Accommodated under section 20 and, therefore, becoming Looked After. The social worker involved must provide realistic and full information about the support he can expect to have as a Looked After Child and, subsequently, as a care leaver. The social worker must also ensure that he is given accurate information about alternative forms of assistance that may be available to him, including accommodation from HRE under the 1996 Act and assistance under section 17 of the 1989 in the form of a rent deposit, if he did not become Looked After. In particular, it should be explained to him what would happen if he became 'intentionally homeless' from any accommodation he then obtained by means of this assistance. The provision of such information and his reaction to it must be recorded. This information should be available for him to take away for full consideration and to help him in seeking advice elsewhere.
If there is any doubt about his ability to decide what is in his best interests, in particular whether he should become Looked After or seek alternative forms of support, there will need to be further discussions involving CYPS, HRE, himself and his family, in order to reach agreement on the way forward. It may be appropriate to refer him to advocacy services for this purpose. See Advocacy Procedure.
If CYPS decides not to offer accommodation under section20 of the 1989 Act or the young person decides not to accept it RA&T will, if he so wishes, refer him to HRE or directly to his housing officer if he has already made an application for housing assistance under the 1996 Act, by ... (details of procedure).
RA&T will provide HRE with all information it has concerning his accommodation history. In either case HRE will decide on his application within 28 days of the referral and if it is not already providing him with temporary accommodation under section188 of the 1996 Act it will within one working day of its receipt of the referral consider its duty to do so. If HRE decides it has no such duty it will immediately re-refer him to RA&T by e-mail or phone.
If HRE considers, on making its inquiries, that he may be intentionally homeless (and therefore not owed a duty under section 193 of the 1996 Act) it will first liaise with RA&T before making this decision, by ... (details of procedure), in order to ensure it has all relevant information concerning this issue.
If the young person is accommodated under section 20 of the 1989 Act, whether pending the Initial Assessment or thereafter, CYPS will continue to consider if he can instead return to his family home, if he has one, or live elsewhere with relatives or friends, for which purpose MARRT and Family Group Conferencing Services will actively explore this.
5. Conflict Resolution
If there is any disagreement between CYPS, HRE and YOS about the workings of this protocol that cannot be resolved by the workers within them, it is to be referred to the respective Heads of Service. If it cannot then be resolved it is to be referred to the Assistant Director, MARAFSCP, and the Assistant Director, HRE.
6. Review
This protocol will be reviewed on an annual basis. The need for an earlier review may be agreed between CYPS, HRE and YOS if it is considered necessary to do so.
7. Key Contacts
The following contacts will provide the first point of contact in the event a party to this protocol wishes to discuss any issue relating to it.
| Name: Title: Agency: Telephone: Email: |
Richard Baldwin Head of Multi-Agency Referral and Assessment Services Lambeth CYPS Social Care Division 02079266551 rbaldwin@lambeth.gov.uk |
| Name: Title: Agency: Telephone: Email: |
Claudious Madembo Team Manager Lambeth CYPS Social Care Division 0207 926 7856 cmadembo@lambeth.gov.uk, aosime@lambeth.gov.uk |
| Name: Title: Agency: Telephone: Email: |
Akin Akinyebo Specialist Housing Services Manager Housing Options and Advice 02079264470 aakinyebo@lambeth.gov.uk |
| Name: Title: Agency: Telephone: Email: |
Delisha Louis Family Relations Team Leader Specialist Housing Services 02079265256 dlouis@lambeth.gov.uk |
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