Services to children and to Services to children and to those leaving carethose leaving care

byby

Kelvin RutledgeKelvin RutledgePresented byPresented by

Catherine RowlandsCatherine Rowlands

Children Act 1989, Part IIIChildren Act 1989, Part III

17(1) 17(1) It shall be the general duty of every local authority It shall be the general duty of every local authority (in addition to the other duties imposed on them by (in addition to the other duties imposed on them by this Part) —this Part) —

(a)(a) to safeguard and promote the welfare of children to safeguard and promote the welfare of children within their area who are in need; andwithin their area who are in need; and

(b)(b) so far as is consistent with that duty, to promote the so far as is consistent with that duty, to promote the upbringing of such children by their families, by upbringing of such children by their families, by providing a range and level of services appropriate to providing a range and level of services appropriate to those children’s needs.”those children’s needs.”

17(10) For the purposes of this Part a child shall be taken 17(10) For the purposes of this Part a child shall be taken to be in need if –to be in need if –

(a) he is unlikely to achieve or maintain, or to have the (a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable opportunity of achieving or maintaining, a reasonable standard of health or development without the provision standard of health or development without the provision for him of services by a local authority under this Part;for him of services by a local authority under this Part;

(b) his health or development is likely to be significantly (b) his health or development is likely to be significantly impaired, or further impaired, without the provision for impaired, or further impaired, without the provision for him of such services; orhim of such services; or

(c) he is disabled, ...”.(c) he is disabled, ...”.

Children Act 1989, Part IIIChildren Act 1989, Part III20(1) (1) Every local authority shall provide 20(1) (1) Every local authority shall provide accommodation for any child in need within their area accommodation for any child in need within their area who appears to them to require accommodation as a who appears to them to require accommodation as a result of—result of—

(a) there being no person who has parental (a) there being no person who has parental responsibility for him;responsibility for him;

(b) his being lost or having been abandoned; or(b) his being lost or having been abandoned; or

(c) the person who has been caring for him being (c) the person who has been caring for him being prevented (whether or not permanently, and for whatever prevented (whether or not permanently, and for whatever reason) from providing him with suitable reason) from providing him with suitable accommodation or care.”accommodation or care.”

20(3) Every local authority shall provide 20(3) Every local authority shall provide accommodation for any child in need within their accommodation for any child in need within their area who has reached the age of sixteen and area who has reached the age of sixteen and whose welfare the authority consider is likely to be whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him seriously prejudiced if they do not provide him with accommodation.”with accommodation.”

Subsection (4) empowers a local authority to Subsection (4) empowers a local authority to provide accommodation “… for any child within provide accommodation “… for any child within their area (even though a person who has parental their area (even though a person who has parental responsibility for him is able to provide him with responsibility for him is able to provide him with accommodation) if they consider that to do so accommodation) if they consider that to do so would safeguard or promote the child's welfare.”would safeguard or promote the child's welfare.”

An evaluative judgment for the local An evaluative judgment for the local authorityauthority

““It is apparent at once that in addition to several matters which might be It is apparent at once that in addition to several matters which might be characterised as pure matters of fact, there are substantial and important areas characterised as pure matters of fact, there are substantial and important areas where social working judgments have to be made, e.g. ‘in need’, ‘require where social working judgments have to be made, e.g. ‘in need’, ‘require accommodation’. Looking at the section itself the preponderant elements are those accommodation’. Looking at the section itself the preponderant elements are those which require answers from persons experienced in the area with expertise borne of which require answers from persons experienced in the area with expertise borne of specialist qualifications and experience. Even limiting myself to section 20, the task specialist qualifications and experience. Even limiting myself to section 20, the task involved is ‘a classic exercise of administrative discretion’ involving the provision of involved is ‘a classic exercise of administrative discretion’ involving the provision of a valuable, but often limited, local authority resource, some form of accommodation.”a valuable, but often limited, local authority resource, some form of accommodation.”

A v Croydon LBC & M v LambethA v Croydon LBC & M v Lambeth per Ward LJ at para 76per Ward LJ at para 76

c/f Baroness Hale in G v Southwarkc/f Baroness Hale in G v Southwark

A voluntary schemeA voluntary scheme

Subsection (7) prohibits a local authority from providing Subsection (7) prohibits a local authority from providing accommodation under this section for any child if any person accommodation under this section for any child if any person who—who—““(a) has parental responsibility for him; and(a) has parental responsibility for him; and(b) is willing and able to—(b) is willing and able to—(i) provide accommodation for him; or(i) provide accommodation for him; or(ii) arrange for accommodation to be provided for him,(ii) arrange for accommodation to be provided for him,objects.”objects.”

R(M) v Hammersmith & Fulham LBCR(M) v Hammersmith & Fulham LBC

The child’s wishesThe child’s wishesSubsection (6) provides:Subsection (6) provides:

“… “… before providing accommodation under this section, a local authority before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child's shall, so far as is reasonably practicable and consistent with the child's welfare—welfare—

(a) ascertain the child's wishes and feelings regarding the provision of (a) ascertain the child's wishes and feelings regarding the provision of accommodation; andaccommodation; and

(b) give due consideration (having regard to his age and understanding) (b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to to such wishes and feelings of the child as they have been able to ascertain.”ascertain.”

R(Liverpool CC) v London Borough of HillingdonR(Liverpool CC) v London Borough of Hillingdon

““It would appear from what has been communicated to It would appear from what has been communicated to the defendant that he wants a place to live, a phone and the defendant that he wants a place to live, a phone and pocket money and to be left on his own. It is pocket money and to be left on his own. It is unsurprising that those should be his wishes and many unsurprising that those should be his wishes and many of his age would share them. It also appears from the of his age would share them. It also appears from the council's documentation that he does not want to be in council's documentation that he does not want to be in care. No doubt that is a misunderstanding by him, to the care. No doubt that is a misunderstanding by him, to the extent that it is recorded, of the section 20 provision. The extent that it is recorded, of the section 20 provision. The fact of his application to this court, and what is said by fact of his application to this court, and what is said by the solicitor, indicates that his considered view, to the the solicitor, indicates that his considered view, to the extent it is relevant, is that he wants section 20 extent it is relevant, is that he wants section 20 assistance, not that he wants section 17assistance, not that he wants section 17.”.”

R(W) v North Lincolnshire CouncilR(W) v North Lincolnshire Council, per HH Judge Mackie QC, per HH Judge Mackie QC

The need must be actual and currentThe need must be actual and current“… “… in my judgment, no duty under section 20(1) in my judgment, no duty under section 20(1) arises where the most that can be said is that arises where the most that can be said is that without assistance, even assistance by way of without assistance, even assistance by way of temporary accommodation, a parent may (or temporary accommodation, a parent may (or possibly, even, will) be prevented from providing possibly, even, will) be prevented from providing the child with suitable accommodation or care.”the child with suitable accommodation or care.”

R(JL & LL) v Islington LBCR(JL & LL) v Islington LBC [2009] EWHC 458 [2009] EWHC 458 (Admin), para 96, per Black LJ(Admin), para 96, per Black LJ

The range of services provided under The range of services provided under section 20section 20

“… “… the children’s authority … can ask another authority to use the children’s authority … can ask another authority to use its powers to help them discharge theirs. They can ask a its powers to help them discharge theirs. They can ask a housing authority, for example, to make a certain amount of housing authority, for example, to make a certain amount of suitable accommodation available for them to use in suitable accommodation available for them to use in discharging their responsibility to accommodate children under discharging their responsibility to accommodate children under section 20. Section 23(2) gives them great flexibility in the ways section 20. Section 23(2) gives them great flexibility in the ways in which they can provide accommodation for the children they in which they can provide accommodation for the children they are looking after, ranging from placing them with families, are looking after, ranging from placing them with families, relatives or other suitable people, placing them in an relatives or other suitable people, placing them in an appropriate children’s home, or “making such other appropriate children’s home, or “making such other arrangements as . . . seem appropriate to them". The very arrangements as . . . seem appropriate to them". The very flexibility of what the children’s authority can provide supports flexibility of what the children’s authority can provide supports the construction which we have placed upon section 20(1).”the construction which we have placed upon section 20(1).”

G v SouthwarkG v Southwark, para 33 per Baroness Hale, para 33 per Baroness Hale

16/17 year olds16/17 year olds

G v SouthwarkG v Southwark

M v London Borough of Hammersmith & FulhamM v London Borough of Hammersmith & Fulham

The Homelessness (Priority Need for The Homelessness (Priority Need for Accommodation)(England) Order 2002 SI/2051Accommodation)(England) Order 2002 SI/2051

ProtocolProtocol

Housing ServicesHousing Services

Seized of a Part 7 application?Seized of a Part 7 application?

Reason to believe applicant may be homeless / Reason to believe applicant may be homeless / threatened?threatened?

Reason to believe application may be in priority Reason to believe application may be in priority need?need?

Protocol (cont.)Protocol (cont.)Social servicesSocial services

Is s/he a child?Is s/he a child?

Is s/he “in need”?Is s/he “in need”?

Is s/he in area?Is s/he in area?

Does s/he require s.20 accommodation?Does s/he require s.20 accommodation?

Protocol (cont.)Protocol (cont.)Housing Services’ functionsHousing Services’ functions

largely limited to the “quick fix” of temporary accommodationlargely limited to the “quick fix” of temporary accommodation

Dealing with young applicants with other priority needDealing with young applicants with other priority need Exceptional case remaining with housingExceptional case remaining with housing

Signing off the homelessness applicationSigning off the homelessness application

Care leaversCare leavers

Children (Leaving Care) Act 2000Children (Leaving Care) Act 2000

R(M) v Hammersmith & Fulham LBCR(M) v Hammersmith & Fulham LBC

R(C) v Lambeth LBCR(C) v Lambeth LBC

Provision of education and trainingProvision of education and trainingUnder section 23C(4), the local authority has a Under section 23C(4), the local authority has a dutyduty to give a former relevant child— to give a former relevant child—

““(a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;(a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;

(b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his (b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;educational or training needs require it;

(c) other assistance, to the extent that his welfare requires it.”(c) other assistance, to the extent that his welfare requires it.”

Section 23C(7) and (8) provide that:Section 23C(7) and (8) provide that:

(7) If the former relevant child's pathway plan sets out a programme of education or training which (7) If the former relevant child's pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—extends beyond his twenty-first birthday—

(a)(a) the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; andcontinues to pursue that programme; and

(b) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.(b) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.

(8) For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former (8) For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child's pursuance of a programme of education or training if the local authority are relevant child's pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable”.satisfied that he will resume it as soon as is reasonably practicable”.

Section 24B:Section 24B:

““(1) The relevant local authority may give assistance to any person who qualifies for (1) The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of [section 24(1A) or] section 24(2)(a) by contributing advice and assistance by virtue of [section 24(1A) or] section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.or seeking employment.

(2) The relevant local authority may give assistance to a person to whom subsection (2) The relevant local authority may give assistance to a person to whom subsection

(3) applies by—(3) applies by—

(a) contributing to expenses incurred by the person in question in living near the (a) contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; orplace where he is, or will be, receiving education or training; or

(b) (b) making a grant to enable him to meet expenses connected with his education or making a grant to enable him to meet expenses connected with his education or trainingtraining..

(3) This subsection applies to any person who—(3) This subsection applies to any person who—(a) is under (a) is under twenty-fourtwenty-four; and; and(b) qualifies for advice and assistance by virtue of [section 24(1A) or] section 24(2)(a), (b) qualifies for advice and assistance by virtue of [section 24(1A) or] section 24(2)(a), or would have done so if he were under twenty-one”.or would have done so if he were under twenty-one”.

The Children (Leaving Care) Act 2000 Regulations The Children (Leaving Care) Act 2000 Regulations

and Guidance 2001and Guidance 2001 where the pathway plan sets out a programme of where the pathway plan sets out a programme of

education, the duty of the local authority continues until education, the duty of the local authority continues until the educational programme is complete;the educational programme is complete;

the pathway plan requires review every six months, and the pathway plan requires review every six months, and this can address educational achievement (as well as any this can address educational achievement (as well as any change in immigration status)change in immigration status)

local authorities should not fund items which would local authorities should not fund items which would ordinarily be paid by a student loan.ordinarily be paid by a student loan.