5.5 Intentionally Homeless Children and Families Protocol

SCOPE OF THIS CHAPTER

This protocol sets out the process and responsibilities of Housing Officers and Social Workers dealing with families with children who are, or who are likely to be found to have become homeless intentionally.

The protocol applies primarily to those families currently being accommodated by the housing department, but also gives guidance on those intentionally homeless families who are being accommodated elsewhere.

Referrals Made to Other Authorities
Referral and Assessment of Intentionally Homeless Families
Families who do not Engage With the Education and Children's Services
Families who Have not Been Accommodated by the Housing Department
Families at Risk of Losing Their Temporary Accommodation
Discharge of Duty

Flowchart 1
Flowchart 2
Flowchart 3
Appendix 1 - Draft Letter 1
Appendix 2 - Draft Letter 2

1. Referrals Made to Other Authorities

It will sometimes be the case that families with children referred to another local authority under Section 198 Housing Act 1996 will not approach the accepting authority once the housing department have cancelled their accommodation, but will instead approach Social Services for assistance. In these cases Social Services will advise the families that they must approach the Authority that has accepted the referral. Should travel cost be prohibitive Social Services can consider funding bus/coach fare).

2. Referral and Assessment of Intentionally Homeless Families

As soon as a Housing Caseworker has reason to believe that a family with children may have become homeless intentionally, the family should be advised verbally and a letter sent advising them that their details have been passed to the Social Services Children and Families Initial Response Team.

See Flowchart 1;
A copy of the letter should be handed to Lead Officer Housing who will bring it to the bi-weekly meetings with Lead Officer Social Services;
If, as a result of the letter, the family make contact with Social Services, the Initial Response Team will carry out an Initial Assessment within 7 working days. The result of the Initial Assessment will be passed to Lead Officer Social Services;
If, following the Initial Assessment, any issues of possible Significant Harm are raised, the matter will be dealt with under the London Child Protection Procedures and a Core Assessment with a Child Protection Enquiry may be initiated;
Before making a decision under Section 184 Housing Act 1996, the Housing Caseworker must check to see if Social Services have carried out an assessment. If so, they must consider the assessment before making a final decision;
If no issues are raised, the Housing Caseworker will make the intentional homelessness decision and the family will be given 28 days notice to leave their temporary accommodation. The Housing Caseworker must offer the family advice regarding securing alternative accommodation. Lead Officer Housing to advise Lead Officer Social Services;
If the family concerned have not made contact with Social Services as a result of the initial letter, the Social Worker will make contact with the family and offer them support to find alternative accommodation;
Families are expected to make every reasonable effort to secure accommodation. This includes approaching relatives and friends for assistance.

Also see Flowchart 2;
Under Section 17(6) Children Act 1989 Social Services can, in exceptional circumstances, consider assisting the family with financial help to secure privately rented accommodation;
Once the 28 day notice period has expired the Lead Officer Housing will check on progress of the family to find alternative accommodation. Where the family have secured accommodation not immediately available for occupation, or where the family have a realistic chance of securing accommodation in the immediate future, Lead Officer Housing will consider extending the family’s stay in temporary accommodation for a reasonable period;
Where the family’s attempt to secure alternative accommodation has been unsuccessful, and there is no immediate prospect of them finding something, the Housing Department will cease responsibility for them after 28 days and Social Services will consider taking over payment of the net temporary accommodation costs for a period of 3 months.

Also see Flowchart 1.

3. Families who do not Engage With the Education and Children's Services

Where a family have failed to respond to letters as required above, it will be assumed that they will vacate their temporary accommodation at the end of the 28 day expiry period and require no further assistance with housing.

Also see Flowchart 1 and Flowchart 2;
If, at the end of the 28 day period they approach the housing department they should be referred to the Duty Social Worker – Social Services Children and Families Initial Response Team;
The Social Worker can request an additional 14 days accommodation from the Lead Officer Housing to give time for an Initial Assessment of the family to be undertaken;
If the family have failed to secure alternative housing after the additional 14 day period has expired Social Services will consider taking over the net accommodation costs for the temporary accommodation.

Also see Flowchart 1.

4.Families who Have not Been Accommodated by the Housing Department

As soon as a Housing Caseworker has reason to believe that a family with children may have become homeless intentionally, or are threatened with homelessness intentionally, the family should be advised verbally and a letter sent advising them that their details have been passed to the Social Services Children and Families Initial Response Team. A copy of the letter should be handed to Lead Officer Housing who will bring it to the bi-weekly meetings with Lead Officer Social Services.

See Flowchart 1;
If, as a result of the letter, the family make contact with Social Services, the Social Services Children and Families Initial Response Team will carry out an Initial Assessment within 7 working days. The result of the assessment will be passed to Lead Officer Social Services;
If, following the Initial Assessment, any issues of possible Significant Harm are raised, the matter will be dealt with under the London Child Protection Procedures and a Core Assessment with a Child Protection Enquiry may be initiated;
If no issues are raised the family are expected to make every reasonable effort to secure accommodation. This includes approaching relatives and friends for assistance. Under Section 17(6) Social Services can, in exceptional circumstances, consider assisting the family with financial help to secure privately rented accommodation.

See Flowchart 1.

5. Families at Risk of Losing Their Temporary Accommodation

The following procedure applies to families accepted for re-housing but at risk of losing their temporary accommodation due to rent arrears or anti-social behaviour.

Rent Arrears

The Rent Officer Housing will carry out initial assessment. This includes assisting the family to maximise their income and negotiate the housing benefit system. The Caseworker Housing to be involved where necessary;
If, after 6 weeks, the family fail to respond appropriately the Lead Officer Housing will refer the case to the Lead Officer Social Services, and an Initial Assessment of the family will be carried out;
If no issues are raised and the family fail to respond to intervention by Social Services a 28 day notice to quit will be served;
Both Housing and Social Services will continue to provide the family with advice and support to deal with their rent arrears and to prevent the need to apply for a Court order on expiry of the notice to quit;
In the event that the family are evicted and have cause to re-approach the housing department, where they are found to be intentionally homeless the above procedures will apply.

Anti-social Behaviour

The housing department will make initial enquiries into allegations of anti-social behaviour. This includes putting the allegations to the family, obtaining independent information and where appropriate issuing a warning letter;
If, after a period of time determined by the Caseworker, the family fail to respond, the case will be referred to the Lead Officer Social Services and an Initial Assessment of the family will be carried out;
If no issues are raised and the intervention by Social Services is unsuccessful in terms of an improvement or a complete cessation of the anti-social behaviour a 28 day notice to quit will be served;
Both Housing and Social Services will continue to provide the family with advice and support to prevent the need to apply for a Court Order on expiry of the notice;
In the event that the family are evicted and have cause to re-approach the housing department, where they are found to be intentionally homeless the procedures outlined above will apply.

See Flowchart 3.

6. Discharge of Duty

This refers to cases where a discharge of duty follows a refusal of a reasonable offer of accommodation. Where the family have been served with a discharge of duty letter advising them that they have 48 hours to accept the offer the Caseworker must advise the Initial Response Team Duty Officer by telephone. The time of the referral and the name of the Social Worker to whom the referral is made should be noted on the file. The Social Services Children and Families Initial Response Team will make contact with the family and strongly advise them to accept the offer of accommodation and request a review of it’s suitability

Flowchart 1

Click here to view Flowchart 1

Flowchart 2

Click here to view Flowchart 2

Flowchart 3

Click here to view Flowchart 3

Appendix 1 - Draft Letter 1

Name:

Address:

Date:

Dear

HOUSING ACT 1996 PART VII (AS AMENDED)

As a result of your interview on ************* we have reason to believe that you may have become homeless intentionally.

Our enquiries into your case are continuing and once completed we will make a decision in writing, giving you reasons for the decision.

If we make this decision this would mean that the Council has no duty to re house you.

You are expected to make every reasonable effort to secure you own accommodation. This includes staying with family and friends. We can provide you with information and assistance to find privately rented accommodation.

Your details have been passed to the Initial Response Team – Social Services Children and Families. They can provide you with additional support and advice and can be contacted on 020 8831 7969.

Yours sincerely,

Caseworker

Appendix 2 - Draft Letter 2

From: Duty Social Worker, Initial Response Team

Dear

We have been informed from the Housing Department that they have already verbally and in writing advised you that you will be made Intentionally Homeless. The letter also informed you that your details will be passed on to the Initial Response Team and that you could contact us if you wanted support or advice. I am aware that you have not chosen to contact us yet.

As you are still likely to be made Intentionally Homeless, we are writing to you to remind you that you can still contact us for advice and support with regard to your accommodation. However, I must stress that we cannot provide you with accommodation and only in exceptional cases can financial support be considered. We can look at ways of supporting you, advising you of options and having discussions with the Housing Department about your case.

If you want advice or support, then please contact they duty social worker on the above telephone number, informing them that you have received this letter.

Yours sincerely,

Duty Social Worker

Initial Response Team

End