Introduction

If you’re experiencing or facing homelessness, it’s important to know that you’re not alone and to understand your rights around accessing accommodation.

There are two key pieces of legislation relating to 16 and 17-year olds who are experiencing or facing homelessness:

• Children Act 1989
• Housing Act 1996

Accommodation under the Children Act 1989

If you are homeless or at risk of becoming homeless, you can ask children’s services for support. Children’s services can:

• Provide support to help you live at home
• Help to find a suitable relative for you to live with
• Provide accommodation to you

Your needs should be assessed under section 17 of the Children Act 1989. If you are found to need accommodation, then you should be provided with housing under section 20 of the same Act. You will become a ‘looked-after child’ if you are accommodated under section 20.

Children’s services has a duty to provide you with housing if:

• You are under 18
• You are ‘in need’
• You require accommodation

And, one of the following applies to you:

• No-one has parental responsibility for you; or
• You are lost or abandoned; or
• The person who has been caring for you is unable to provide suitable care and accommodation; or
• Children’s services thinks that your welfare would be seriously threatened if you are not given accommodation.

You would not be considered homeless if you simply did not want to live with your parents. However, if you can show that there has been a breakdown in your relationship with your parents, which means you need accommodation, then you might be considered homeless.

Can I get housing in an emergency?

If you have nowhere safe to stay in an emergency, then children’s services must secure suitable emergency accommodation for you under section 20 of the 1989 Act, whilst your needs, including your need for continuing accommodation and support, are further assessed.

Also, there are Nightstop schemes that may be able to arrange temporary emergency accommodation for you.

Accommodation under the Housing Act 1996

Whilst the section 20 Children Act 1989 duty takes precedence, housing services also have duties towards young people who are homeless or threatened with homelessness. If you approach the housing authority, they must not simply refer you to children’s services.

Part VII of the Housing Act establishes that 16 and 17-year-olds are in priority need for support from housing authorities if they are homeless, provided they are not a relevant child or a child in need to whom the local authority owes a duty under section 20 of the Children Act.

Relevant guidance

Provision of accommodation for 16 and 17 year olds who may be homeless and/or require accommodation