5.2.7 Homeless Families with Children Protocol

The development of this protocol demonstrates the practical commitment from all involved organisations to deliver on the objectives set out in the Lincolnshire Joint Homelessness Strategy (2003) and to deliver the best positive outcomes for intentionally homeless families.

Specifically to: -

• Promote the welfare of children in need, using CAF to initiate a multi-agency response to meet the needs of the child and family;
• Ensure the upbringing of such children by their families where it is safe and consistent with the child's welfare;
• Avoid family breakdown where homelessness or the potential of homelessness is seen as the cause for such breakdown.

The Housing act 1996 as amended by the Homelessness Act 2002 placed new duties on local authorities to carry out reviews and publish strategies to tackle and prevent homelessness in their area.

The local housing authority has a duty to assess homelessness applications.

Under Section 193 of the act the local authority has a duty to secure accommodation for people who are homeless, eligible for assistance, in priority need and not intentionally homeless. Housing authorities aim to complete enquiries within 33 working days.

Sometimes households who are eligible for assistance but have made themselves "intentionally homeless." Under Section 190 of the Act, such households with dependant children will need to be secured accommodation for a "reasonable" period (this is agreed locally to be 28 days), to give the household a chance to secure accommodation for themselves. They will be offered advice and assistance in securing accommodation.

Under Section 195 of the Housing Act 1996, applicants at risk of homelessness but found to be threatened with homelessness intentionally, are only entitled to advise and assistance in securing that accommodation.

Housing authorities responsibility towards families with children

The Homelessness Act 2002 stresses the need for cooperation between housing authorities and children's services when dealing with intentionally homeless households with dependant children. If a household with children under the age of 18 is deemed intentionally homeless then the local authority must inform Children's Services (with the applicant's consent). Under the Code of Guidance, Section 10.5, there are circumstances where even if consent is withheld, the housing department may disclose information to Children's Services if they have reason to believe that a child may be at risk of significant harm.

Children's services responsibilities towards children in need.

Section 17 of the Children Act 1989 provides a general duty on Children's service Departments to safeguard and promote the welfare of children who are in need and to promote the upbringing of children by their families. Children in need are defined as:

• Those who are unlikely to achieve or maintain a reasonable standard of health and development, unless the local authority provide services;
• Those whose health and development is likely to be significantly impaired, unless the local authority provides services;
• Disabled children.

The Children act 1989 responsibility applies to children living or found in the local authority area

Section 116 of the Adoption and Children Act 2002 amends Section 17 of the Children Act 1989 to allow assistance given by Children's services to include provision of accommodation. If a child is in need solely as a result of homelessness Children's services are expected to consider the best way of meeting that need i.e. by assisting the family in finding accommodation, or providing a deposit under s17 of the 1989 Act.

The Housing Department must use the CAF form to help to identify whether a child or young person has additional needs. This will help the professional to decide on the appropriate course of action:

• Needs met by family or housing department without involving others;
• A referral to a single agency;
• May need a multi-agency response if the needs require services from 2 or more agencies.

Consideration is to be given to the impact on the child of the housing situation, impact of the housing situation on the parent's ability to provide an appropriate level of care and financial and other resources available to the family.

The referral could have one of three outcomes:

• A decision not to progress the referral - (If the decision is made not to progress the referral the local housing authority should be informed in writing including the reasons for the decision. Children's services will then have discharged their duty in respect of that referral);
• A decision to undertake a Child and Family Assessment to be completed within 45 working days (Note: However, a decision-making point at an earlier stage should be taken in conjunction with the Team Manager as to initial outcomes and actions) of the receipt of the referral form. (N.B. this would exceed the 28 day period of accommodation provided by the District council);
• A decision to make child protection enquiries under Section 47 of the Children Act.

In CAF this would be the 4 CAF Coordinators :

Queries regarding this protocol can be addressed to:

Mr. Dave Cressey
Chair of County Homelessness Strategy Group
East Lindsey District Council
Tedder Hall
Manby Park
Louth
Lincolnshire
LN11 8UP