Supporting Children Aged 16 and 17 Who Need Help When They Are Homeless��(Advocating the Voice & Rights of the Child)

Ofsted Published 25 February 2025

When a 16/17 Year Old Presents as Homeless

Every local authority should have a Joint Working Protocol which outlines the duties to support homeless children at 16/17 that ensures effective assessment, decision making and service delivery for these young people (Children’s Act / Homeless Reduction Act), including access to independent advocacy.

There are three ways to accommodate them:

• Become a looked-after child under section 20 of the Children Act 1989.
• Be assisted as a child in need under section 17 of the Act. 
• Be accommodated under the Housing Act 1996 (part 7).

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Statutory Guidance

Statutory guidance is clear that in most cases a local authority should accommodate a child as a ‘looked-after child’.

It sets out that section 20 of the Children Act 1989 should take precedence over duties under Part 7 of the Housing Act 1996, and that children should be accommodated under section 20 unless:

1. they are judged not to be in need, or
2. when they refuse that form of support

Figures 2022-23

• Children’s Commissioner report found that around 6,500 16 and 17 year olds reported being homeless (who are not separated children) – 40% of these were accommodated
• Centrepoint estimates 136,000 young people (16-24) were homeless or at risk of homelessness in the UK (119,300 in England) and is a 6% increase on the previous year
• Data for ‘hidden homelessness’ (sofa surfing, staying with friends etc) is not captured in official figures

Key Findings – Ofsted Report (Feb 2025)

• Some local authorities work effectively with homeless children. However, some children felt they were not given a choice or were not provided with the necessary information to make an informed decision about their next steps.
• Government guidance states that young people who present as homeless should have access to independent advocacy to help them understand their rights. However, only 9% of the children and young people surveyed said they had been offered an advocate. Half had not been offered an advocate and 40% were not sure.
• Advocates’ ability to be independent may be compromised due to their funding relationship with the local authority.

Key Findings

• The lack of suitable available placements and other resources, such as budget and staff, can put strain on a local authorities’ decisions about whether to accommodate children under section 20. Children’s advocates and some housing authorities believe that there have been cases where some children have been ‘steered away' from choosing section 20 by children’s services, who failed to properly explain the benefits of becoming looked after.

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• While supported accommodation is the most common placement type for homeless 16 and 17 year olds (regardless of which legislation they are housed under), the levels of support on offer can vary widely, and do not always meet children’s needs.

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• Some local authorities were still using inappropriate bed and breakfast housing and hostels as temporary or emergency accommodation for homeless children.

Key Findings

• Ofsted began regulating supported accommodation in April 2023, but this type of provision does not have to be registered for placements made under section 17. It is too early to assess the impact of Ofsted’s new regulatory powers. However, some participants voiced concerns that regulation will reduce the number of placements available for homeless 16 and 17 year olds. This is because accommodation providers may choose to offer services that do not require registration with Ofsted (note – 911 registrations). Some participants, however, welcomed the change, saying they felt more secure accommodating children in regulated provision. Any unintended consequences of our new regulatory powers will need to be monitored.

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• Further discussions next week at NASAP ‘Decision Makers’ Peer Session

To improve their provision and support for homeless 16 and 17 year olds, Ofsted suggests some next steps for local authorities:

• make sure children get the right information about their choices, and are properly supported to make the right decision for them

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• review the advocacy offer for homeless children, including how it is promoted to children and monitored for uptake and effectiveness

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• consider the benefits of working with homeless children to co-create important documents and policies that affect their experiences and options

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• take urgent action to address cases where bed-and-breakfast accommodation is being used as emergency accommodation

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• provide children with adequate follow-up support and aftercare – regardless of whether they are accommodated through section 17 or section 20

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For its part, Ofsted will:

• consider how to get better data or insights from local authorities on inspection into whether homeless children are accommodated under section 17 or section 20
• ask inspectors to routinely consider the take-up and impact of advocacy for homeless children when looking at those children’s experiences in local authority inspections
• share learning resources and materials about homeless 16 /17 year olds with education and social care providers
• consider how to share best practice in a way that makes it easier for local authorities and partners to see examples of good practice

Recommendations for follow up…

• Have collaborative conversations at Provider Forums – does the current offer of provision meet sufficiency needs or can providers adapt where required (both within regulation and outside of it) ?

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• Ring-fenced beds
• Non-ring-fenced beds
• Single Occupancy
• Supported Lodgings

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• Providers – do you know what your placing authority policy is regarding homeless 16/17 year olds (or transition post 18) and do your registered accommodation categories fit with local needs? Do your research prior to making any changes!

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• Is the Joint Working Protocol effective for your area? Does it require review? Can this be done in consultation with providers and young people?

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Useful Links

Full Ofsted Report -

https://www.gov.uk/government/publications/good-decisions-supporting-children-aged-16-and-17- who-need-help-when-they-are-homeless/supporting-children-aged-16-and-17-who-need-help-when

-they-are-homeless

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JfKL_Homeless_Link_Supporting_homeless_16-and_17-year-olds_May_2021.pdf

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Website Link for Children’s Commissioner Advocacy Service - Home - Help at Hand

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Help at Hand Contact Details - If you’re a child in care, living away from home, have a social worker or are a care leaver under 25, we can offer you free support, advice and information.

✔ 0800 528 0731