This document is under review
Appendix 3
MEETING THE ACCOMMODATION AND
SUPPORT NEEDS OF 16 – 21 YEAR OLDS
REGIONAL GOOD PRACTICE GUIDANCE
AGREED BY THE NORTHERN IRELAND
HOUSING EXECUTIVE AND THE HEALTH &
SOCIAL CARE TRUSTS
This Protocol is to be reviewed. Once a review has been completed
the amended Protocol will be inserted.
DECEMBER 2014
REVISED VERSION
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CONTENTS
1.0 Introduction
2.0 Aim of Good Practice Guidance
3.0 Categories of Young People
4.0 The Legislative Framework
5.0 Operation of the Legislation
6.0 Underpinning Principles
7.0 Confidentiality, Disclosure And Information Sharing
8.0 Young Persons Seeking Accommodation: Agreed Procedures
9.0 Considerations, Monitoring And Review
10.0 Endorsement
APPENDICES
1. Summary of Housing (NI) Order 1988
2. Summary of Housing (NI) Order 2003
3. Summary of Children (NI) Order 1995
4. Summary of Children (Leaving Care) Act (NI) 2002
5. Definition of Parental Responsibility
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6. Consent to Share Information
7. Inter Agency Referral Form
8. Glossary of Terms
9. Assessing the Duty to Accommodate under Article 21
10. Named Leads HSC Trusts and NIHE
11. Exit Pathways for Young People Aged 16/17 in Woodlands who
are at risk of / face homelessness on discharge
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1.0
Introduction
1.1
The Guidance 2014 is a revised version of the original guidance issued
in 2009 and takes account of the impact and learning in the R (G) v
London Borough of Southwark 2009 landmark case in England and the
judicial review case in Northern Ireland, JR66 2012. These judgments
reinforced the primacy of the Children (NI) Order 1995 over housing
legislation in the exercise of Trusts duties to undertake an assessment
and establish duties owed to a homeless young person aged 16 / 17
under Article 21 of the Order.
1,2
The Guidance aims to detail how the Health and Social Care Trusts
(Trusts) and the Northern Ireland Housing Executive (Housing
Executive) will work together in a coordinated way to ensure that
vulnerable young people aged 16-21 receive a joined up service and
that their housing and support needs are assessed and responded to
appropriately.
1.3
The Housing Executive and Trusts work within legislative frameworks
that establish their roles and responsibilities towards vulnerable young
people. This Guidance defines respective roles and responsibilities
and aims to ensure that young people receive appropriate and timely
services and support.
1.4
The Guidance is underpinned by a commitment by both agencies to
promote equality of opportunity, uphold the human rights of young
people and ensure that actions and decision making are taken in the
best interests of the young person. The Guidance will therefore be
duly tested and examined through Equality and Human Rights
screening exercise.
1.5
Assessment and intervention by Trusts and the Housing Executive will
seek in them first instance to prevent homelessness among young
people and where the possibility of homelessness is an emerging
concern the emphasis will be on a planned approach to avoid a crisis of
homelessness. This will include supporting young people to stay with
or be reunified with family where this is safe and appropriate given that
it is in the best interests of most young people to live with their families.
Where it is not safe to do so, alternative arrangements will be explored
in the first instance with responsible adults in their wider family and
friends’ network.
1.6
The assessment process will maintain a family focus and seek to
resolve issues that give cause to homelessness through family
engagement, mediation, family group conferences and partnership
working. Where reunification is achieved family support will be
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provided as necessary to address issues affecting the young person’s
welfare and / or the sustainability of living at home.
1.7
Where a decision to accommodate is made based on the outcome of a
statutory assessment the “accommodated” young person will receive
the same provisions as Looked After children and continued support
will be provided in line with Children Order 1995 and Children (Leaving
Care) Act 2002 duties as applicable.
1.8
Appendix 11 provides information on the application of this Guidance to
young people aged 16 / 17 who are exiting Woodlands and in housing
need.
1.9
The fact that a young person may be reluctant to engage with the
assessment process is not in itself a basis for assuming that the young
person has rejected any Family and Childcare intervention to provide
them with accommodation. Lack of co-operation is no reason for the
Trust not to attempt to carry out its duties under the Children Order
1995. In these circumstances, the assessment will need to involve
careful recording of how the Trust has attempted to engage with the
young person to assess their needs in order to determine and provide
appropriate services. Ultimately, however, it is not possible to force
services on young people who persistently continue to refuse them.
2.0
Aim of the Good Practice Guidance
The Guidance recognises the shared responsibilities of the Housing
Executive and Trusts to children and young people who are ‘in need’,
‘vulnerable’ due to homelessness, and/or entitled to support under the
Children (NI) Order 1995 and the Children (Leaving Care) Act (NI)
2002, and guides agencies on working collaboratively to appropriately
and effectively respond to this group of young people, irrespective of
which agency is initially approached for help.
The primary aims of the Guidance are to:
• Outline the respective responsibilities of the Housing Executive
and Trusts when working with specific groups of young people
where there are shared responsibilities in relation to housing and
support needs and to actively work together in the best interests
of the young person;
• Establish a system to assist both agencies in carrying out their
respective responsibilities to meet assessed needs; and
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• Develop an effective system which provides clarity as to the
respective responsibilities of both agencies thereby ensuring
relevant information is shared between them.
The principles underpinning the Guidance will inform the development
of effective working protocols and practices locally
3.0
Categories of Young People
The groups of young people specifically included in this Guidance are
outlined below along with the relevant legislative responsibilities.
Young people aged 16 – 17 years:
a. Housing (NI) Order 1988 provides for applicants who are
homeless or who are threatened with homelessness to be
assessed in line with the provisions of the Order to determine
what duty if any is owed by the Housing Executive. This duty
extends to include 16 and 17 year olds who present as
homeless.
b. Article 18 of the Children (NI) Order 1995 gives Trusts a
general duty to safeguard and promote the welfare of children in
need and specifies criteria to assist Trusts to determine if a child
is “in need”.
c. Article 21 (1) of the Children (NI) Order 1995 places a duty on
Trusts to provide accommodation for any child in need within its
area who appears to the authority to require accommodation as
a result of:
i. there being no person who has parental responsibility for
him;
ii. his being lost or having been abandoned; or
iii. the person who has been caring for him being prevented
from providing him with suitable accommodation or care
d. Article 21(3) of the Children (NI) Order 1995 places a duty on
Trusts to provide accommodation for any child in need within its
area who has reached the age of 16 and whose welfare the
authority considers is likely to be seriously prejudiced if it does
not provide him with accommodation.
e. Article 34C (8) of the Children (Leaving Care) Act 2002
requires Trusts to safeguard and promote the welfare of relevant
young people by providing and maintaining them in suitable
accommodation where it is deemed necessary.
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Young people aged 18 – 21 years:
a)
Housing (NI) Order 1988 provides for applicants, including 18 – 21
year olds, who are homeless or who are threatened with
homelessness to be assessed in line with the provisions of the
Order to determine what duty if any is owed to him by the Housing
Executive.
b)
Children (Leaving Care) Act (NI) 2002 requires that Trusts provide
vacation accommodation for qualifying and former relevant young
people who are engaged in education.
4.0
The Legislative Framework
4.1
Housing Executive
Housing (NI) Order 1988 (Appendix 1)
Under the 1988 Order the Housing Executive has a statutory
responsibility for responding to homelessness.
Housing (NI) Order 2003 (Appendix 2)
The 2003 Order introduced the requirement to assess eligibility for
homelessness assistance in Northern Ireland.
4.2
HSC Trusts
HSC Trusts: Children (NI) Order 1995 (Appendix 3)
Article 18 gives Trusts a general duty to safeguard and promote the
welfare of children in need.
Article 18(1) makes it:
“…the general duty of every authority to safeguard and promote the
welfare of children within its area who are in need;
…by providing a range and level of personal social services
appropriate to those children’s needs”.
The definition of ‘in need’ is contained in
Article 17 of the Order
outlining that a child is deemed to be ‘in need’ if:
a) He is unlikely to achieve or maintain, or to have the opportunity
of achieving or maintaining, a reasonable standard of health or
development without the provision for him of services;
b) His health or development is likely to be significantly impaired, or
further impaired, without the provision of such services; or
c) He is disabled
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Article 21(1) places a duty on every authority to
provide
accommodation for any child in need within its area who appears to the
authority to require accommodation as a result of:
a) there being no person who has parental responsibility for him;
b) his being lost or having been abandoned; or
c) the person who has been caring for him being prevented from providing
him with suitable accommodation or care.
Article 21(3) places a duty on the Trust to: “provide accommodation for
any child in need within its area who has reached the age of 16 and
whose welfare the authority considers is likely to be seriously
prejudiced if it does not provide him with accommodation.”
Article 21(6) states that before providing accommodation, the authority
has a duty to ascertain the child’s wishes and give due consideration to
them.
Article 21(5) states: - An authority may provide accommodation for any
person who has reached the age of 16 but is under 21 in any home
provided under Part VII which takes children who have reached the age
of 16 if the authority considers that to do so would safeguard or
promote his welfare.
Children (Leaving Care) Act (NI) 2002 (Appendix 4)
The Act places a duty on Trusts for certain groups of young people who
are or have been looked after: eligible, relevant, qualifying and former
relevant. (Appendix 8: Glossary of Terms). If any of these young
people become homeless they will be eligible for assistance under
Children (Leaving Care) Act (NI) 2002. To discharge this duty Trusts
will, as necessary, liaise with the Housing Executive.
5.0
Operation of the Legislation
5.1
The aim of the Guidance is to promote collaborative working across the
two lead agencies. This will ensure that young people ‘in need’,
‘vulnerable’ due to homelessness and/or with a care background,
receive responsive and appropriate interventions which best meet their
assessed needs. This will be achieved by:
• An assessment of the needs of young people to be undertaken
by Trusts in accordance with the regional UNOCINI assessment
framework (Understanding the Needs of Children In Northern
Ireland) and in line with the relevant Articles of the Children (NI)
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Order 1995. The children’s legislation presumes that a
homeless young person aged 16 / 17 is a child in need and by
virtue of no place to live becomes a looked after child under the
criteria of Article 21. The assessment must therefore
demonstrate how this entitlement is met; or where it is not met,
clearly demonstrate why a young person in these circumstances
is not a looked after child under Article 21. Appendix 9 sets out
the criteria to be used in the assessment to make this
determination.
• Only where the assessment process concludes that the young
person is not a looked after young person will an assessment be
undertaken by the Housing Executive to determine whether a
young person is considered statutorily homeless under the terms
of the Housing (NI) Order 1988.
6.0
Underpinning Principles
6.1
The underpinning principles are:
• The young person has the right to assessment in relation to
support and accommodation needs under the Children (NI)
Order 1995, Children (Leaving Care) Act (NI) 2002 (where
applicable) and the Housing (NI) Order 1988
• Engagement and assessment will seek in the first instance to
maintain the young person in the family home where it is safe to
do so and / or to resolve issues giving rising to a young person
being outside of the family home and in housing crisis. This
process will fully address needs and risks, inform planning
including how best family support and / or housing needs can be
met and lead to action to meet the young person’s current and
future need, on an inter-agency basis, where appropriate
• The assessment process will assist in communicating the needs
of young people across a range of relevant agencies
• Assessment and intervention will reflect and incorporate all
aspects of good practice with regard to safeguarding and
protecting young people
• Interventions will be timely particularly in circumstances where a
young person is homeless or may become homeless
• Interventions will seek to uphold the rights of young people and
promote equality of opportunity for all young people who present
as homeless and seek assistance
• The best interests of the young person are at the centre of any
decisions affecting them, giving due regard to their views
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• Information about young people will be managed and shared in
the context of protocols governing data sharing, protection and
security.
7.0
Confidentiality, Disclosure and Information Sharing
7.1
In order to assist young people speedily and appropriately and to help
avoid the duplication of work, the Housing Executive and the Trusts, in
working with young people, including those leaving care will need to
share information about individuals. In doing this, agencies will be
mindful of their legal responsibilities regarding the exchange of any
information or referrals. Only information that is necessary for planning
and delivery of effective services to the young person will be shared.
Young people will be assured that the information they provide will be
treated in confidence.
7.2
In most instances, consent to share information will be sought from the
young person or parent(s) or person(s) with parental responsibility
(Appendix 5). In this regard the client consent form contained in
Appendix 6 must be used by the agency referring the young person to
ensure that they are fully informed and consenting to sharing of
personal information including the summary section of the outcome of
the UNOCINI assessment. The referring agency should maintain a
copy of the completed consent form on file. In circumstances where
NOT sharing information may place the young person at risk or
likelihood of significant harm, information (including with other
agencies) will be shared without consent; as required by Co-operating
to Safeguard Children (DHSSPS, May 2003) and in line with the
revised HSC Code of Practice on Protecting the Confidentiality of
Service Users 2012.
8.0
Young Persons Seeking Accommodation
Agreed Procedures
8.1
This Guidance sets out agreed arrangements for determining the
appropriate intervention by the Housing Executive and Trusts in
relation to the following categories and circumstances of young people:
• 16 – 17 year olds seeking emergency accommodation
• 16 – 17 year olds with a care background
• 21 year olds seeking emergency accommodation
• 18 – 21 year olds with a care background
• 16 – 21 year olds approaching the Housing Executive seeking
accommodation on a non-emergency basis
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8.2
The response by both the Housing Executive and Trusts (including the
Regional Out-of-Hours / Emergency Duty Service – delivered by HSC
Trusts/Social Services) will be determined by the need, age and
category of the young person seeking accommodation.
8.3
16 – 17 year old seeking emergency accommodation
Where a 16 – 17 year old presents in an emergency to the Housing
Executive the following procedure should apply:
8.3.1
Preliminary Intervention by NIHE Officer:
In the first instance, establish whether the young person is a child, and
whether deemed to be relevant or eligible under the Children (Leaving
Care) Act 2002. NIHE Officer liaises directly with relevant Trust’s 16
Plus Service to establish the young person’s status.
Where a young person is deemed relevant or eligible, the
following applies:
i.
liaise with 16 plus staff to:
• Determine whether young person’s previous
accommodation remains available
• Establish whether there is any risk to the young person
returning there
ii.
Where the young person can be safely returned to previous
accommodation 16 Plus staff along with relevant others support
the young person’s return
iii.
Where it is deemed unsuitable for the young person to return 16
Plus staff will liaise with NIHE and relevant others to secure
suitable alternative accommodation. On occasions and due to
presenting needs, risks and vulnerabilities and the potential
significant risk posed to others it may not be appropriate to place
a young person in an existing jointly commissioned supported
accommodation arrangement. In such circumstances, a Trust /
16 Plus Service may seek advice and support from the NIHE to
create a bespoke / peripatetic supported living arrangement to
meet the young person’s needs.
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Where it is established that the young person is not a relevant or
eligible young person, the following applies:
i.
Establish which Trust area the child is presenting
ii.
Make an immediate referral to the Social Work Service in the Trust
area in which the young person is presenting
iii.
Social Work Service will establish whether the young person is
already known to a social work team within the Trust and will
progress an initial assessment in line with UNOCINI requirements
and alongside the relevant social work team, if applicable
iv.
Where the young person is known to another Trust, the Social Work
Service in the Trust area in which the young person presents will
provide an immediate response and agree with the responsible
Trust who is best placed to undertake the assessment.
v.
Where the case is an open case to another Trust or has had
involvement by another Trust within the previous three months the
young person may transfer to the originating Trust post the initial
UNOCINI assessment process. This will be determined on a case
by case basis and in the young person’s best interests.
vi.
The assessment process will involve the young person’s family and
seek in the first instance to facilitate the young person’s safe return
to family. The assessment process will determine whether any duty
is owed to the young person under Article 21 of the Children Order
giving due regard to the areas outlined in Appendix 9.
vii.
Pending completion of the assessment and where it is not deemed
appropriate for the young person to immediately return to family, to
the previous address or to reside with extended family / friends the
Trust and NIHE will work in partnership to provide suitable
temporary accommodation.
viii.
In all instances and on completion of the UNOCINI assessment the
Social Work Service must advise the NIHE of the outcome of the
assessment. This should be undertaken by forwarding the
summary section of the UNOCINI assessment with confirmation of
outcome in terms of the legal status and intervention pathway
where applicable.
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(Reference Figure 1 for summary of processes)
Figure 1
Young person aged 16 / 17 presents to NIHE
NIHE liaises with Trust 16 Plus /
Social Work Service to determine if
a relevant or eligible young person
If YES….
If NO…..
Liais
e with 16 Plus Service to:
• establish if previous accommodation
Establish appropriate Trust. Make
is available
an immediate referral to the Trust’s
• determine whether there is risk to
Social Work Service
young person returning there
Social Work Service commences
initial engagement and assessment
You
ng person to
Young person
return t
o previous
cannot return to
accom
modation
previous
If deemed necessary provide
temporary accommodation and
liaise with Social Work Service
16 Plus Service
NIHE and 16 Plus
about suitability
with relevant others
Service liaise to secure
supports young
suitable alternative
person’s return to
accommodation
accommodation
Confirm temporary living
arrangement with Social Work
Service and forward written referral
to Social Work Service using pro-
Forma (Appendix 7)
Social Work Service completes
assessment within 10 working and
advises NIHE in writing of outcome
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Where a 16 – 17 year old presents in an emergency to the HSC Trust’s
Social Work Service the following procedure should apply:
8.3.2
Preliminary Intervention by Trust Social Work Service:
In the first instance, establish whether the young person is deemed
Relevant or Eligible under the Children (Leaving Care) Act 2002. This
will require liaison with the relevant Trust’s 16 Plus Service.
Where the young person is deemed a Relevant or Eligible young
person the following applies:
i.
Liaise with 16 Plus staff who will:
• determine whether the young person’s previous
accommodation remains available
• establish whether there is any risk to the young person
returning there
ii.
Where the young person can be safely returned to previous
accommodation 16 Plus staff will, along with relevant others,
support the young person’s return
iii.
Where it is deemed unsuitable for the young person to return,
16 Plus staff will liaise with the NIHE and relevant others to
secure suitable alternative accommodation
Where it is established that the young person is not a relevant or
eligible young person, the following applies:
a. Social Work Service to undertake preliminary assessment of
needs including possible return to family, need for alternative
living arrangement or provision of emergency accommodation
b. Where it is established that an immediate return to the family
home is not possible Social Work Service will, with the young
person and family, explore possible options from within wider
family and friend’s network
c. Where temporary accommodation is required and the
preliminary assessment indicates that the young person can be
accommodated safely on an emergency basis in
accommodation arranged by the NIHE the Social Work Service
will liaise with the relevant District Housing Executive Office to
find appropriate temporary accommodation
d. In determining the need for temporary emergency
accommodation this will be arranged on the basis of a telephone
call by the Social Work Service to the relevant District Housing
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Executive Office. This arrangement will be reviewed on the next
working day by both agencies
e. Immediately confirm temporary accommodation arrangements
using the standard pro-forma and confirm start of the
assessment process (Appendix 7)
8.3.3 The confirmation of arrangements will trigger an assessment by the
Trust’s Social Work Team using the UNOCINI assessment framework
with particular reference to criteria specified in Appendix 9. Where the
assessment determines that a duty is owed to the young person under
Article 21 of the Children Order consideration will be given to the most
appropriate placement options available for the young person, giving
due regard to his / her wishes and views. Placement options will
include a care placement, within a kinship arrangement, non-kinship
foster care, residential care, supported lodgings, young adults
supported accommodation.
As a Looked After / accommodated young person, he/she will be
entitled to the same provisions as other Looked After children as
prescribed by the Children Order 1995 and associated Regulations and
Guidance. If the young person subsequently becomes an eligible
young person, he / she will qualify for entitlements as set out in the
Children (Leaving Care) Act 2002. In circumstances where the Trust’s
16 Plus Service confirm that the young person is deemed Relevant or
Eligible under the Children (Leaving Care) Act 2002, the Housing
Executive will agree continuation of temporary accommodation, where
applicable, on the basis that the relevant Trust assumes financial
responsibility, in line with agreed arrangements. Where the
assessment determines “accommodated” arrangements under Article
21 and the young person continues to reside in a non-care placement
in NIHE based accommodation, the HSC Trust must assume financial
responsibility.
8.3.4 Where a young person is not deemed Relevant or Eligible and is
placed in temporary accommodation pending completion of
assessments as at 8.3.3 financial responsibility for the payment of
accommodation costs rests with the NIHE under the terms of the
Housing (NI) Order 1988. The outcome of the assessment at 8.3.3 will
determine the duties owed by the respective agencies and which
agency holds financial responsibility for any associated accommodation
costs in the longer term.
8.3.5 In circumstances where a 16 – 17 year old presents as homeless to the
Regional Emergency Social Work Service a placement will be arranged
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by the Trust where deemed appropriate in line with current out of hours
arrangements and will notify the relevant Housing Executive Office on
the next working day where the young person is residing in temporary
NIHE accommodation. As per 8.3.4 the NIHE will have financial
responsibility for accommodation costs pending the outcome of the
agreed assessment process and associated timescale. Where the
young person presenting as homeless in these circumstances is an
Eligible or Relevant young person the same action will apply in terms of
arranging a placement, if necessary. However the Regional
Emergency Social Work Service will notify the relevant 16 Plus Social
Work Team on the next working day.
8.3.6 In such instances the Trust’s Social Work Service will undertake an
initial assessment to determine needs and appropriate interventions in
keeping with agreed timescales. (Reference Figure 2 for summary of
processes)
8.3.7 In all instances and on completion of the UNOCINI assessment the
Social Work Service must advise the NIHE of the outcome of the
assessment. This should be undertaken by forwarding the summary
section of the UNOCINI assessment with confirmation of outcome in
terms of the legal status and intervention pathway as applicable.
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Figure 2
Young per
son aged 16 / 17 presents to HSC Trust Social Work Service as homeless
and in emergency circumstances
Social Work Service liaises with
Emergency presents Out of
16 Plus Service to determine if a
Hours and is responded to
relevant or eligible young person
by the Regional Emergency
Social Work Service
If YES….
If NO…..
Young person may be
Eligible, Relevant, known to
Trust or unknown to Trust
Liaise wit
h 16 Plus who
Preliminary assessment
will undertake t o:
of needs and liaison with
family undertaken by
• establish if previous
Social Work Service
Limited information
accommodation is
available or accessible in
available
• determine w hether
out of hours situation.
there is risk
to young
Preliminary assessment
RESWS undertakes
person retur ning
determines requirement for
immediate assessment to
there
suitable temporary
determine action /
accommodation in keeping
intervention.
with assessed needs
Regional Emergency Social
Social Work Service liaises
Work Service places in an
by telephone with Housing
emergency / temporary
Young person to
Young person Executive to secure suitable
arrangement, if necessary
return to previous
cannot return to
temporary accommodation
accommodation
previous
accommodation
Social Work Service and
Relevant agencies informed
NIHE to review young
on next working day; NIHE,
16 Plus Service,
NIHE and 16 Plus
person’s accommodation on
relevant Trust where known
with relevant
Service liaise to
next working day
and / / 16 Plus Service if an
others, supports
secure suitable
Eligible or Relevant young
young person’s
alternative
person
return to
accommodation
accommodation
Social Work Service
to undertake
immediate
assessment as per
8.3.3
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8.4 16 – 17 year olds with a Care Background
For young people who are looked after by Trusts, the Trust has a
responsibility to carry out a Needs Assessment at the age of 16 years
with a view to determining what advice, assistance and support should
be provided while the young person makes the transition from care.
The Assessment, which informs the Pathway Plan, considers the
young person’s needs under a range of issues that includes their
support and accommodation needs. The Housing Executive should be
involved as appropriate in both the development and review of the
Pathway Plan.
Young people aged 16-17 years who remain looked after (eligible) or
who have ceased to be looked after (relevant) continue to be the
financial responsibility of Trusts in terms of accommodation costs.
Where a young person is placed in a Trust funded bed-space in a
Young Adults Supported Accommodation Project costs are already met
by the Trust. Where an alternative arrangement is used that is already
funded e.g. through a block grant by NIHE, financial systems need to
be in place at a local level to ensure that appropriate costs are invoiced
and paid for by the responsible Trusts.
Trusts should have a close working relationship with their local Housing
Executive colleagues and it is recommended that each Agency has a
named contact person in place with lead responsibility for local
application, implementation and monitoring of this Good Practice
Guidance and to act as key contact point to address any emerging
issues in a timely manner.
Relevant young 16 – 17 year olds who return to the care of their
parents cease to be relevant after 6 months where it is established that
the return home is successful. The young person, in these
circumstances, becomes a “qualifying” young person. In the event that
the home relationship breaks down and the young person is under 18,
he / she will revert to his / her “relevant” status. In such an instance the
Trust will be responsible for any financial costs associated with his / her
accommodation.
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8.5 18 - 21 year olds seeking emergency accommodation
Where an 18 – 21 year old presents in an emergency to the Housing
Executive the following procedure should apply:
8.5.1 In the first instance, establish whether the young person is deemed a
qualifying or former relevant young person under the Children (Leaving
Care) Act 2002. NIHE Officer liaises directly with relevant Trust’s 16
Plus Service to establish the young person’s status.
Where a young person is deemed as qualifying or former relevant
the following applies:
Liaise with 16 Plus staff to:
• Determine whether young person’s previous accommodation
remains available
• Establish whether there is any risk to the young person returning
there
• Where the young person can be safely returned to previous
accommodation 16 Plus staff will, along with relevant others,
support the young person’s return
• Where it is deemed unsuitable for the young person to return 16
Plus staff will liaise with NIHE and relevant others to secure
suitable alternative accommodation where it is deemed that a
duty is owed under the provision of the Housing (NI) Order 1988
• 16 Plus Service will co-operate with the Housing Executive in
providing information considered relevant to its assessment
Where a young person aged 18 – 21 years is not deemed as
qualifying or former relevant, the following applies:
i.
Undertake a homelessness and housing needs assessment
ii.
Secure temporary accommodation in circumstances where it
appears that a duty is owed under the provision of the Housing
(NI) Order 1988
(Reference Figure 3 for summary of processes)
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Figure 3
Young person aged 18 – 21 presents in an emergency to NIHE
NIHE liaises with Trust 16 Plus Service
to determine if a Qualifying or Former
Relevant young person
If YES….
If NO…..
Liaise with 16 Plus Service to:
Undertake a homelessness and housing
needs assessment
• establish if previous
accommodat ion is available
• determine w
hether there is risk to
young pers
on returning there
Secure temporary accommodation
where established that a duty is
owed
Young person to
Young person
return to previous
cannot return to
accommodation
previous
accommodation
16 Plus Service,
NIHE and 16 Plus
with relevant
Service liaise to
others, supports
secure suitable
young person’ 7.5.2
s
alternative
return to
accommodation
accommodati
on
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Where an 18 – 21 year old presents in an emergency to
the HSC Trust’s Social Work Service the following
procedure should apply:
8.5.2 In the first instance, establish whether the young person is deemed
Qualifying or Former Relevant. This will require liaison with the
relevant Trust’s 16 Plus Service.
Where the young person is deemed Qualifying or Former Relevant
the following applies:
i.
Liaise with 16 Plus staff who will:
o determine whether the young person’s previous
accommodation remains available
o establish whether there is any risk to the young person
returning there
ii.
Where the young person can be safely returned to previous
accommodation 16 Plus staff will, along with relevant others,
support the young person’s return
iii.
Where it is deemed unsuitable for the young person to return
and in keeping with the young person’s assessed needs /
Pathway Plan, 16 Plus staff will approach the Housing Executive
to secure appropriate temporary accommodation. Former
relevant and qualifying young people have a right of access to
benefits, accommodation and support costs in their own right.
There may be situations, however, where due to the young
person’s income or their involvement in full time education,
either no benefit or reduced benefit is payable. In these cases
any shortfalls for accommodation costs are the responsibility of
the Trust in keeping with Articles 34D and 35B of the Children
(Leaving Care) Act 2002.
Where the young person is not deemed to be Qualifying or Former
Relevant, the following applies:
a. Social Work Service will direct the young person to the relevant
Housing Executive Office
b. Social Work Service will liaise with the relevant Housing Executive
Office where there is any relevant information pertaining to any
potential priority need. Any additional support needs e.g. where a
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young person is a parent will be assessed and responded to by the
relevant agency.
c. NIHE will undertake a homelessness and housing needs assessment
d. NIHE will secure temporary accommodation in circumstances where
it appears that a duty is owed under the provision of the Housing (NI)
Order 1988
(Reference Figure 4 for summary of processes)
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Figure 4
Young person aged 18 – 21 presents in an emergency to HSC Trust
Social Work Service liaises with
16 Plus Service to determine if a
Qualifying or Former Relevant
young person
If YES….
If NO…..
Liaise wit
h 16 Plus who will undertake to:
Social Work Service directs young
• establish if previous accommodation is
person to relevant Housing Executive
available
Office
•
determine whether there is risk to
you
ng person returning there
Social Work Service liaises with the
Young person to
Young person
relevant Housing Executive Office where
return to previous
cannot return to
there is any additional information
accommodat ion
previous
pertaining to any potential priority need.
accommodation
Where Social Work Service identifies any
particular needs it will respond
accordingly e.g. a vulnerable young
parent
16 Plus Service,
NIHE and 16 Plus
with relevant
Service liaise to
others, supports
secure suitable
young person’s
alternative
return to
accommodation
NIHE undertakes homelessness /
accommodation
housing needs assessment. Where the
Housing assessment identifies specific
concerns or needs e.g. child care /
protection concerns during its
assessment a referral should be made
by the NIHE Office to the relevant
T
t
Where a duty is owed Housing
Executive secures temporary
accommodation
23
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8.6 18 – 21 year old with a Pathway Plan
Young people who have been in care and who are regarded as ‘former
relevant’ (18-21 years) under the Children (Leaving Care) Act (NI) 2002
will be subject to appropriate Pathway Planning arrangements. The
designated social worker from the Trust’s 16 Plus Service is
responsible for co-ordinating the Pathway Plan and will maintain
contact with the relevant Housing Executive staff to ensure appropriate
access to support and accommodation as the young person moves to
independent and permanent accommodation.
The young person has a right of access to benefits and
accommodation and support costs in his/her own right without
reference to the responsible Trust.
For ‘former relevant’ and qualifying young people in further/higher
education living away from their community of origin, HSC Trusts have
a duty to provide vacation accommodation or the funds to secure it.
The Trust may seek the support of the Housing Executive to identify
and access suitable vacation accommodation.
8.7 16–21 year olds Approaching the Housing Executive
seeking accommodation on a non-emergency basis)
8.7.1 In almost all instances a 16-21 year old seeking accommodation from
the Housing Executive on a non-emergency basis will do so via a
housing application form. In such instances the Housing Executive will:
• Undertake a housing needs assessment
• Where it is established that the young person is aged 16 / 17
and known to Social Services a referral should be made to the
relevant Trust’s Gateway Service and Gateway Service will refer
the matter to the relevant service within the Trust.
9.0 Considerations, Monitoring and Review
9.1
This Guidance is primarily aimed at ensuring joint working between
Trust and the Housing Executive in meeting the housing and support
needs of young people who are homeless or are at risk of
homelessness. The Guidance includes arrangements for jointly
responding to needs up to 21 years of age. In responding to the needs
of young adults it is important that due consideration is given by both
agencies to their continuing needs and potential or actual vulnerability
and continued requirement to access adult services.
9.2
Where young adults aged 18 – 21 present as vulnerable and are
assessed to have continued need for support both agencies should
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have regard to the regional Safeguarding Vulnerable Adults Policy and
Procedures 2006.
9.3
In situations where a 16 – 21 year old presents to the NIHE and is
undertaking carer responsibilities that are beyond his / her capabilities
and therefore impact on his / her vulnerability and ability to cope the
NIHE should refer directly to the Trust’s Social Work Service where the
young carer is aged 16 / 17. For those over 18 and depending on the
specific “caring” responsibilities identified a referral may be forwarded
to the Trust’s Adult Programmes of Care, NIHE Floating Support
Services or advice and signposting may be sought in first instance by
contacting the Trust’s Social Work Service.
9.4
In instances where a young person is dissatisfied with the service
received or the outcome of the assessment / decision making process,
he / she should be advised and supported to address his / her
complaint through the respective agency’s complaints / appeals
procedure.
9.5
Where interagency disputes arise in relation to case management,
responsibilities, roles etc. arrangements should be in place at a local
Trust / Housing Executive level to ensure that mechanisms are in place
for the resolution of such disputes.
9.6
Trusts and NIHE will share responsibility for monitoring application and
impact of the Guidance. This will be supported by the Regional
Reference Group whose remit will include ensuring that arrangements
are in place to monitor the effectiveness of the Guidance against its
stated aims and objectives.
9.7
Review of the Guidance document itself will take place annually and
any subsequent amendments will be informed by the findings and
outcomes of the monitoring arrangements, learning emanating from
operational practice and any policy or legislative changes. Review of
or amendments to the Guidance will be undertaken jointly by NIHE and
Trusts.
10.0 Endorsement
The Guidance is endorsed by the Directors for Children and Families
Services in each of the Health and Social Care Trusts and by the
Acting Chief Executive of the Housing Executive. The Guidance comes
into immediate effect as of the date of formal issue.
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Appendices
1. Summary of Housing (NI) Order 1988
2. Summary of Housing (NI) Order 2003
3. Summary of Children (NI) Order 1995
4. Summary of Children (Leaving Care) Act (NI) 2002
5. Definition of Parental Responsibility
6. Consent to Share Information
7. Inter-Agency Referral Form
8. Glossary of Terms
9. Assessing the Duty to Accommodate under Article 21
10. Named Leads HSC Trusts and NIHE
11. Exit Pathways for Young People Aged 16/17 in Woodlands who are at
risk of / face homelessness on discharge
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Appendix 1
Housing (NI) Order 1988 (as amended by the Housing (NI) Order
2003)
The Housing (NI) Order 1988, imposed on the Housing Executive,
statutory responsibility for responding to homelessness. Applicants
who are homeless or threatened with homelessness are assessed in
line with the provisions of the Order to determine what duty, if any, is
owed to him by the Housing Executive. The Extent of the Housing
Executive’s duty is dependent on a number of “tests”:-
Homelessness / threatened with homelessness
A person is homeless if he has no accommodation available for his
occupation in the United Kingdom or elsewhere
A person shall be treated as having no accommodation if there is no
accommodation which he, together with any other person who normally
resides with him as a member of his family or in circumstances in which
it is reasonable for that person to reside with him –
a. is entitled to occupy by virtue of an interest in it or by virtue of an
order of a court, or
b. has an expressed or implied licence to occupy, or
c. occupies as a residence by virtue of any enactment or rule of
law giving him the right to remain in occupation or restricting the
right of another person to recover possession.
A person shall not be treated as having accommodation unless it is
accommodation which it would be reasonable for him to continue to
occupy.
Regard may be had in determining whether it would be reasonable for
a person to continue to occupy accommodation, to the general
circumstances prevailing in relation to housing in Northern Ireland.
A person is also homeless if he has accommodation but –
a) he cannot secure entry to it, or
b) it is probable that occupation of it will lead to violence from some
other person residing in it or to threats of violence from some
other person residing in it and likely to carry out the threats, or
c) it consists of a movable structure, vehicle or vessel designed or
adapted for human habitation and there is no place where he is
entitled or permitted to place it and to reside in it.
A person is threatened with homelessness if it is likely that he will
become homeless within 28 days from the day on which he gives
written notice to the Executive that he is threatened with
homelessness.
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Meaning of accommodation available for occupation
For the purposes of this Part accommodation shall be regarded as
available for a person’s occupation only if it is available for occupation
both by him and by any other person who might reasonably be
expected to reside with him; and references to securing
accommodation for a person’s occupation shall be construed
accordingly.
Priority need for accommodation
• The following have a priority need for accommodation –
• A pregnant woman or a person with whom a pregnant woman
resides or might reasonably be expected to reside;
• A person with whom dependent children reside or might
reasonably be expected to reside;
• A person who is vulnerable as a result of old age, mental illness
or handicap or physical disability or other special reason, or with
whom such a person resides or might reasonably be expected to
reside;
• A person who is homeless or threatened with homelessness as
a result of an emergency such as a flood, fire or other disaster;
• A person without depended children who satisfies the Executive
that he has been subject to violence and is at risk of violent
pursuit or, if he returns home, is at risk of further violence;
• A young person who satisfies the Executive that he is at risk of
sexual or financial exploitation.
Becoming homeless intentionally
A person becomes homeless intentionally if he deliberately does or
fails to do anything in consequence of which he ceases to occupy
accommodation, whether in Northern Ireland or elsewhere, which is
available for his occupation and which it would have been reasonable
for him to continue to occupy.
A person becomes threatened with homelessness intentionally if he
deliberately does or fails to do anything the likely result of which is that
he will be forced to leave accommodation which is available for his
occupation and which it would have been reasonable for him to
continue to occupy.
An act or omission in good faith on the part of a person who was
unaware of any relevant fact shall not be treated as deliberate
A person shall be treated as becoming homeless, or as becoming
threatened with homelessness intentionally, if –
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a) he enters into an arrangement under which he is required to
cease to occupy accommodation which it would be reasonable
for him to continue to occupy, and
b) the purpose of the arrangement is to enable him to become
entitled to assistance under this part and there is no other good
reason why he is homeless
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Appendix 2
Housing (NI) Order 2003
The Housing (NI) Order 2003, introduced changes to the definition of
homelessness and to the provisions regarding becoming homeless
intentionally, and introduced the additional requirement on the Housing
Executive to assess an applicant’s eligibility for housing assistance.
Eligibility for Housing Assistance
A person is not eligible for assistance:-
(a)
If he is a person from abroad, who is subject to immigration
control within the meaning of Section 119 of the Immigration and
Asylum Act 1999, unless re-qualified by the regulations made by
the Secretary of State
(b)
Other persons – not subject to immigration control within the
meaning of the 1999 Act – who are prescribed by regulations as
ineligible.
(c)
If he or a member of his household, has been guilty of
unacceptable behaviour serious enough to make him unsuitable
to be a tenant of the Executive; and, in the circumstances at the
time his application is considered, he is unsuitable to be a tenant
of the Executive by reason of that behaviour
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Appendix 3
The Children (NI) Order 1995
Article 18(1) makes it:
“…the general duty of every authority to safeguard and promote the
welfare of children within its area who are in need;
…by providing a range and level of personal social services
appropriate to those children’s needs”.
Article 17 states:
“For the purposes of this Part a child shall be taken to be in need if:
a. he is unlikely to achieve or maintain, or to have the opportunity
of achieving or maintaining, a reasonable standard of health or
development without the provision for him of services by a local
authority under this Part;
b. his health or development is likely to be significantly imparted, or
further impaired, without the provision for him of such services;
or
c. he is disabled.
Article 21(1) places a duty on every authority to:
Provide accommodation for any child in need within its area who
appears to the authority to require accommodation as a result of:
d. there being no person who has parental responsibility for him;
e. his being lost or having been abandoned; or
f. the person who has been caring for him being prevented from
providing him with suitable accommodation or care.
Article 21(3) places a duty on the Trust to: “provide accommodation for
any child in need within its area who has reached the age of 16 and
whose welfare the authority considers is likely to be seriously
prejudiced if is does not provide him with accommodation.”
Article 21(6) states that before providing accommodation, the authority
has a duty to ascertain the child’s wishes and give due consideration to
them.
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Article 21(5) states:- An authority may provide accommodation for any
person who has reached the age of 16 but is under 21 in any home
provided under Part VII which takes children who have reached the age
of 16 if the authority considers that to do so would safeguard or
promote his welfare.
Article 46 refers to co-operation between authorities and other bodies
and states:
(1) Where it appears to an authority that anybody mentioned in
paragraph (3) could, by taking any specified action, help in the
exercise of any of the authority’s functions under this Part, the
authority may request the help of that body, specifying the
action.
(2) A body whose help is so requested shall comply with the request
if it is compatible with that body’s own statutory or other duties
and obligations and does not unduly prejudice the discharge of
any of its functions.
(3) The bodies are:
a) any Board;
b) any Education and Library Board;
c) any Health and Social Services Trust or special agency;
d) any District Council;
e) the Northern Ireland Housing Executive; and
f) such other persons as the Department may direct for the
purpose of this Article.
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Appendix 4
Children (Leaving Care) Act (NI) 2002
Relevant Children: Article 34C (8) the responsible authority shall safeguard
and promote the child’s welfare and, unless the authority is satisfied that his
welfare does not require it, support him by:
(a)
maintaining him;
(b)
providing him with or maintaining him in suitable
accommodation; and
(c)
providing support of such other description as may be
prescribed.
Article 34C (10) “suitable accommodation” means:
(a)
which so far as is reasonably practicable is suitable for the child
in the light of his needs, including his health needs and any
needs arising from any disability;
(b)
in respect of which the responsible authority has satisfied itself
as to the character and suitability of the landlord or other
provider; and
(c)
in respect of which the responsible authority has so far as
reasonably practicable taken into account the child’s:
• wishes and feelings; and
• educational, training or employment needs.
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Appendix 5
Definition of Parental Responsibility: a person may hold parental
responsibility for a child if they are:
• The mother of a child.
• A father who was / is married to the mother of a child.
• Any other person who has been granted parental responsibility by
way of a Court Order, including Adoption Order / Residence Order
and Parental Responsibility Order.
• A father who is named on the Birth Certificate of a child but who
was not / is not married to the mother of that child
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Appendix 6
CONSENT TO SHARE INFORMATION
The Northern Ireland Housing Executive and Social Services Trust believe
that all matters relating to children and families should be treated as
confidential, as far as possible.
In order to give you the best service we can, it may be necessary for us to talk
with other organisations, or for them to provide you with services or support.
This might include Social Services, the Housing Executive, Doctor, Health
Visitor etc. If this is the case we will need to tell them relevant details about
you if you are to get an appropriate assessment and service.
We will give only the necessary information to necessary people, but it is
important that you understand we may have to do this.
Please sign below to say that you understand this will happen, and to give
your permission under these circumstances.
Name: ____________________________________
Address: __________________________________
__________________________________________
__________________________________________
Signature: _________________________________(Young person)
Signature: _________________________________(NIHE / Trust
representative)
(Parental consent may be required if there are concerns about the young
person’s capacity to give informed consent)
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Appendix 7
Regional Good Practice guidance agreed by the Northern Ireland
Housing Executive and the Health & Social Services Trusts
Interagency Referral Form
APPLICANT details
Name
Address
Date of Birth
Contact number / address
Date of contact
Office initially contacted
NIHE / SOCIAL SERVICES*
*delete as appropriate
AGENCY details
NIHE
Office address & telephone
number
Name of case worker
Social Services
Office address & telephone
number
Name of case worker
TEMPORARY ACCOMMODATION details
Address
Provider
Name
Contact number
Other relevant information including presenting needs / risks,
circumstances of presenting in housing need. Identification of risks
should include any current or historical information relating to: self-
harm, mental health, criminal behavior, child sexual exploitation,
drugs/alcohol misuse, absconding history etc.,
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Appendix 8
Glossary of Terms
A Looked After Child
Any reference to a child who is looked after by an authority is a reference to a
child who is:
(a) in the care of the authority: or
(b) provided with accommodation by the authority.
(Article 25 (1) Children (NI) Order 1995)
“Accommodation” means accommodation which is provided for a continuous
period of more than 24 hours
(Article 25 (2) Children (NI) Order 1995)
An Eligible Child
(a) is aged 16 or 17; and
(b) has been looked after by an authority for a prescribed period [13 weeks],
or periods amounting in all to a prescribed period [13 weeks], which began
after he reached a prescribed age [14 years] and ended after he reached the
age of 16.
(Art 34A Children (NI) Order 1995)
A Relevant Child
(a) is not being looked after by an authority;
(b) was, before last ceasing to be looked after, an eligible child for the
purposes of Article 34A Children (NI) Order 1995; and
(c) is aged 16 or 17.
(Article 34B Children (NI) Order 1995)
Former Relevant Child
(a) a person who has been a relevant child for the purposes of Article 34B
(Children (Northern Ireland) Order 1995) (and would be one if he were under
18), and in relation to whom that authority was the last responsible authority;
and
(b) a person who was being looked after by that authority when he attained
the age of 18, and immediately before ceasing to be looked after was an
eligible child
(Article 34D Children (NI) Order 1995)
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Qualifying Young Person: means a person who—
(a) is under 21; and
(b) at any time after reaching the age of 16 but while still a child was, but is
no longer, looked after, accommodated or fostered.
(Art 35 Children (NI) Order 1995)
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Appendix 9
Assessing the duty to accommodate a child under Article 21, Children
(NI) Order 1995
The following criteria, derived from Baroness Hale’s interpretation of Section
20, Children Act 1989 (equivalent of Article 21 Children (NI) Order 1995) in
the R (G) v London Borough of Southwark 2009 case must be applied as part
of the overall assessment of a young person aged 16 / 17 who presents as
homeless to determine whether a duty to accommodate under Article 21 of
the Children (NI) Order 1995 applies.
1. Is the applicant a child?
2. Is the applicant a ‘child in need’ as defined by Article 17 of the Children
(Northern Ireland) Order 1995?
3. Is the child within the Trust’s area?
4. Does the child appear to the Trust to require accommodation?
5. Is that need as a result of: (a) there being no person who has parental
responsibility for the child: or (b) the child’s being lost or having been
abandoned: or (c) the person who has been caring for the child being
prevented from providing the child with suitable accommodation or
care?
6. What are the child’s wishes and feelings regarding the provision of
accommodation for them?
7. What consideration (having regard to the child’s age and
understanding) is duly to be given to those wishes and feelings?
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Appendix 10
Trust Areas
HSC Trust
NIHE
Belfast
Karen McShane
Helen Russell
Service Manager
Area Sen. Principal Officer
Tel: 028 95042390
028 90 317368
(To note,
Des Marley
Hilary Walker is the Children’s
Homelessness Services
Services Manager, 16 Plus
Manager 028 90 317412
Services
034 4892 0900
Martin Morgan is the Principal
Social Worker for 16 Plus
Susan Gilbride
Services)
DeputyHomelessness
Services Manager
028 90 317413
Northern
Tracy Magill
Mairead Flatley
Social Work Service Manager
Area Principal Officer
Tel: 028 944 24600 or
028 25 666050
028 2563 5640
Donna McStravick
(To note, Sean McIlmunn and
Area Homeless Officer
Pamela McGlade are the Service
028 71 306163
Managers for 16 Plus Services)
South
Michael Murray
John Nelson,
Eastern
Assistant Director, Safeguarding
Area Principal Officer
Tel: 028 92 603203
028 91 825020
(To note, Maurice Largey and Aine Steven McBurney
McGrillen are the Social Work
Area Homeless Officer
Service Mangers for 16 Plus)
028 91 825024
Southern
Bryan Gormley,
John Nelson,
Team Manager,
Area Principal Officer
Young People’s Partnership
028 91 825020
Tel: 028 38 391155
Kirsten May
(To note, Liz Stevenson is the
Area Homeless Officer
Head of Service for 16 Plus)
028 38 315852
Western
Kevin Duffy
Mairead Flatley
Social Work Manager
Area Principal Officer
Tel: 028 71 314090
028 25 666050
(To note, Stephen McLaughlin is
the Head of Service for 16 Plus;
Eamon McGlinchey
Peter Quinn and Anne Marie
Area Homeless Officer
McCrory are the Service Managers 028 71 309603
for 16 Plus)
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Appendix 11
Exit Pathways for Young People Aged 16/17 in Woodlands Juvenile
Justice Centre who are at risk of / face homelessness on discharge -
March 2014
The paper sets out agreed working and interface arrangements between
practitioners and staff within Social Services, Youth Justice Agency
(Woodlands, Bail information and Support and Youth Justice Services) and
NIHE to assist with
exit planning of young people aged 16/17 from
Woodlands who are at risk of or face homelessness on discharge or
who remain on remand until appropriate accommodation is secured. The document must be read in conjunction with the
Regional Good Practice
Guidance between NIHE and HSC Trusts on Meeting the
Accommodation Needs of Care Leavers aged 16-21 and Young
Homeless aged 16/17 (2014). This Regional Guidance provides an
overarching framework which sets out the regionally agreed working
arrangements between Social Services and NIHE where young people aged
16/17 present as homeless to either agency. It articulates the statutory
requirement on Social Services to undertake an assessment of need under
Article 18 of the Children Order 1995 in respect of any young person aged
16/17 who is at risk of homelessness or who is homeless and to determine
entitlement under Article 21 of the Children Order.
The Regional Guidance also makes explicit the role and responsibilities of
NIHE who will progress an assessment of housing need depending on the
outcome of the UNOCINI assessment. The Guidance reflects a commitment
to work alongside Social Services in identifying and accessing suitable
temporary or medium / longer term accommodation to meet assessed needs.
It is established that, irrespective of bail conditions pertaining to a young
person who is homeless, the young person has an entitlement to be
considered under the homelessness legislation to determine whether a
homelessness duty is owed.
Therefore the same process should be
adopted for those young people who may require bail conditions to
allow them to remain in the community and where accommodation may
be an issue. Working arrangements between the named agencies should be inclusive of
the
Youth Justice Agency, including the Bail Information Scheme and
the Bail Support Scheme. The Bail Information Scheme in particular is
targeted at early and timely engagement with young people and is aimed at
contributing to a reduction in the number of young people that are remanded
under PACE or remanded in custody for reasons that could be addressed with
fuller information or by the provision of appropriate services.
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It is evident from practice and experience that there is a cohort of young
people aged 16/17 in Woodlands Juvenile Justice Centre (JJC) who requires
accommodation as part of discharge planning; not all of these young people
are known to the NIHE or Social Services. It is therefore necessary to
establish explicit referral and response pathways that will ensure that their
needs are appropriately assessed and met. There are particular challenges
associated with those young people aged 16 / 17 residing in JJC, for example,
• discharge planning is significantly affected by the status under which
the young person resides in JJC i.e. subject to a Determinate Sentence
or on remand;
• sourcing suitable accommodation to coincide with a discharge date can
be constrained by availability; the limited notice associated with release
for those on remand; and bail conditions attached to release
arrangements can further restrict accommodation options.
Where a clear discharge date is already known the processes set out in this
document can be effected in a timely and planned manner. Where a young
person is remanded in JJC and release is subject to suitable accommodation
being secured and associated bail conditions being applied there is frequently
little time or opportunity to proactively plan.
This paper aims to make explicit the application of the Regional Good Practice
Guidance to those young people aged 16/17 in JJC where accommodation
issues and the risk of homelessness are the presenting needs, irrespective of
custodial status. In effect, it sets out interface working arrangements that
must be adopted by JJC staff, Social Services and NIHE and builds on
existing roles, responsibilities and the planning mechanisms of these
respective agencies.
The assessment of needs / risks underpins the application of this
Guidance. It is imperative that account is taken within the assessment
process of the nature / seriousness of any offence and the implications
that this may have for identification of future accommodation
arrangements and for ensuring that appropriate safeguards are
incorporated into the placement plan.
Appendix 2 provides details of Named Leads in NIHE Office and HSC Trusts
with responsibility for overseeing and monitoring implementation of the agreed
working arrangements between Social Services and NIHE. In the event of
difficulties arising in the application of the Guidance on Exit Planning contact
should be made directly with the most appropriate named person to resolve
any issues presenting in a timely manner and at a local level in the first
instance.
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The cohort of young people who are the target group of this paper fall into
three categories, namely:
i.
Looked After young people and care leavers aged 16 / 17
ii.
Children in Need with current Social Services involvement
iii.
Young people who are unknown to Social Services
The paper sets out the agreed working arrangements to be applied in
respect of each of these categories of young people.
i.
Looked After Young People and Care Leavers aged 16/17*
Young people who fall into the above category will already be known to Social
Services; will have a named social worker and a current needs assessment;
and care/pathway planning and review processes will be in place. The named
social worker has primary responsibility for overall case management which
includes ongoing liaison with Woodlands staff in planning for discharge.
*Appendix 1 defines this category of young people
Planned Exit: Where a discharge date is known i.e. those on a Determinate Sentence, the
social worker should, in a timely and proactive manner, identify how the
accommodation needs will best be met, who is responsible and associated
timescales. These arrangements should be set out in the young person’s
pathway plan.
Unplanned Exit:
Where remand arrangements apply and there is a likelihood of an
unplanned discharge, the social worker should ensure that contingency
accommodation arrangements are addressed in the pathway planning
process to pre-empt this eventuality. The named social worker has lead
responsibility for a) establishing whether the young person can return to his /
her previous accommodation; b) for exploring and identifying a suitable
accommodation option and will undertake this task, as appropriate, in liaison
with the relevant NIHE District Office.
The named social worker should inform
the Court in writing of the process being undertaken and progressed to secure
suitable accommodation. A social worker should be in attendance at court
proceedings in line with the
Regional Guidance for Residential Care and Field
Social Work Staff on Supporting Looked after Children who are Arrested /
Questioned by Police or appear in Court on Criminal Matters 2011.
The process as described is set out in Table 1 below.
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Tabl
e 1
Looked After, Eligible or Relevant Young Person
Exiting from Woodlands
REQUIRES ACCOMMODATION
Named social worker liaises with Woodlands staff throughout the process. The named social worker is either a
Looked Aft
er Team social worker or in the case of a care leaver aged 16/17 a 16 Plus social worker (Reference
Appendix
2 for contact details of respective teams in each Trust area)
Pl
anned Exit
Unplanned Exit
• Determinate Sentence
• remand arrangements
•
discharge date is not negotiable
• release contingent on accommodation
•
and associated bail conditions
proactive planning by social worker and
Woodlands staff
Social worker explores appropriateness of
Social Worker establishes if young
a return to previous accommodation /
person can return to previous
feasibility of contingency option identified
address
within the pathway plan
No
Yes
If contingency option identified is not available or
inappropriate for bail purposes social worker
explores supported lodgings, jointly
Social W
orker
Social worker explores
commissioned supported accommodation options
supports young
accommodation options to
and / or liaises with NIHE to secure suitable
person’s return to
include supported lodgings,
temporary accommodation arrangement as per
previous address as
jointly commissioned Good Practice Guidance
per Good
Practice
supported accommodation
Guidanc
e
and / or liaises with NIHE to
secure suitable
accommodation as per Good
Practice Guidance
Social worker advises Court of process being
undertaken to secure suitable living
arrangement, engagement with NIHE, nature
of any delays, options being proposed as
interim / emergency arrangements; and can
Named S
ocial Worker liaises with Woodlands / Hydebank staff throughout process. The named social worker is either
a Looked After Team social worker or in the case of an Eligible or Relevant young person a 16 Plus social worker
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i.
Child In Need with current Social Services involvement
A young person in Woodlands already deemed a Child in Need confirms the
ongoing involvement of Social Services. In such instances, child care concerns
have already been identified, an initial UNOCINI assessment has been completed
and a determination made that a Family Support Pathway is in place. The nature
of intervention is agreed through a case planning and review process which is
coordinated and managed by a named social worker usually from Family
Intervention / Family Support or by a dedicated homeless social worker.
(The latter
are available in some, not all, Trust areas).
Planned Exit: Where a discharge date is known i.e. those on a
Determinate Sentence, and a return to immediate / extended family / to
previous address is not available or appropriate and the young person faces
homelessness on discharge, the named social worker should undertake a
further assessment to determine whether Article 21 duties apply. Where the
assessment deems that a Looked After / Accommodated child status is
applicable, consideration will be given to the appropriateness of
accommodation needs being met in a residential children’s home, kinship care
placement, a foster care placement, supported lodgings or young adults jointly
commissioned supported accommodation projects. In certain circumstances
the social worker may liaise with the NIHE to explore alternative suitable
accommodation options*. The care planning process should, in a timely and
proactive manner, make explicit the agreed accommodation arrangement,
who is responsible and associated timescales. Where Article 21 duties do not
apply (
refer to Appendix 9 of the Regional Good Practice Guidance between
NIHE and HSC Trusts on Meeting the Accommodation Needs of Vulnerable
Young People for assessment criteria) the social worker will liaise with NIHE
District Office staff as appropriate and in keeping with the arrangements set
out in the regional Good Practice Guidance. In such instances and where
threatened with homelessness applies, NIHE will commence a homelessness
assessment at least 30 days prior to homelessness occurring.
*Where a Looked After / Accommodated young person is placed in a
living arrangement that is not a mainstream care placement, Trusts must
complete an Unregulated Notification Report and submit to the HSCB.
Unplanned Exit: Where remand arrangements apply and there is a
likelihood of an unplanned discharge, case planning should incorporate
contingency arrangements to pre-empt this eventuality. The named social
worker has lead responsibility for exploring and identifying an immediate
suitable accommodation option and will undertake this task, where
appropriate, in liaison with the relevant NIHE District Office as per
arrangements set out in the Regional Good Practice Guidance.
The social
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worker must reassess the child in need status given the young person’s
homelessness status to determine entitlement under Article 21 of the Children
(NI) Order 1995.
Given the unplanned nature of discharge arrangements in these
circumstances and the constraints that may be encountered in securing an
appropriate accommodation arrangement, the social worker should inform the
Court of the process being followed and progressed to address immediate
accommodation needs and action being taken to reassess needs under
Article 21.
Table 2 sets out the process to be followed.
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Table 2
Child In Need with Social Services involvement exiting from Woodlands
REQUIRES ACCOMMODATION
Named Social Worker liaises with Woodlands staff throughout process. The named social
worker is either a Family Support social worker or a Homeless social worker *
Pla nned Exit
Unplanned Exit
• Determinate Sentence
• remand arrangements
• discharge date is not
• release contingent on
negotiable
accommodation and associated
• proactive planning by
social
bail conditions
S
ocial Worker establishes if young
Social worker explores appropriateness
person can return
to pre
vious
of previous accommodation and / or
address
feasibility of contingency option
identified within the case plan
YES
NO
Social worker explores accommodation
options to include supported lodgings,
jointly commissioned supported
Social worker
Social worker commences a
accommodation and /or liaises with
supports y
oung
further assessment to
NIHE to secure appropriate
person’s r
eturn to
determine entitlement under
accommodation as per Regional Good
previous
address as
Article 21 and explores
Practice Guidance
per Regional Good
accommodation options to
Practice Guidance
include supported lodgings,
jointly commissioned supported
accommodation and / or liaises
with NIHE to secure appropriate
accommodation as per
Regional Good Practice
Social worker informs Court of process being
Guidance
undertaken to source and secure suitable
accommodation in collaboration with NIHE, nature
of any potential delays, timescales and any
accommodation option being proposed as an
interim measure, pending further assessment under
Article 21 and can request Court to review within a
specified period.
Social worker reassesses CiN status, associated needs / risks to determine entitlement under Article
21 of the Children (NI) Order 1995
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ii. Young people aged 16 / 17 with no current involvement from Social
Services
This c
*Rat
ef eg
ereor
nc y
e o
A f young
ppendix peo
2 for pl
Coe i
nt nc
act lu
D des
etail st
hos
of r e
ele 16 /
vant 17y
Tea ear
ms i ol
n e ds
ac ;
h Trust
• resident in JJC on a Determinate Sentence / on remand
• do not have Social Services involvement
• where JJC staff have identified, through internal assessment
and planning mechanisms, that the young person does not have
accommodation to move to on discharge and will be at risk of
homelessness
Planned Exit: In those circumstances where a discharge date is known
in advance and where JJC staff have assessed that a referral to Social
Services is appropriate,
a timely UNOCINI referral should be made by JJC
staff to the appropriate Trust / Gateway Team using the UNOCINI Initial
Referral documentation. Referral should be made at the earliest opportunity
and in most cases no later than four weeks prior to the release date. (There
will however be some cases where the date of discharge from custody will be
more immediate due to time accredited for periods served on remand).
Identification of the appropriate Trust / Gateway Team should be determined
by:
• The young person’s address prior to placement in JJC;
• The Gateway Team structure in each Trust area. Appendix 2 provides
contact details of the Gateway Teams and access points in each Trust
area
• A referral to the Gateway Team will trigger a UNOCINI assessment to
be completed within 10 working days by a named social worker. The
purpose of the assessment, as set out in the regional Guidance, is to
assess needs and risks and determine entitlement under Article 21 of
the Children (NI) Order 1995
Where the assessment deems that a Looked After / Accommodated child
status is applicable, consideration will be given to the appropriateness of
accommodation needs being met in a residential children’s home, kinship care
placement or a foster care placement. Alternatively other suitable
accommodation options including supported lodgings or jointly commissioned
young adults supported accommodation projects will be examined and / or
liaison will take place with NIHE District Office staff, where appropriate, to
explore and identify other temporary suitable options
*. Where Article 21
duties are assessed as not applying, NIHE will provide temporary
accommodation and commence a homeless assessment. In such instances
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and where threatened with homelessness applies NIHE will commence a
homelessness assessment at least 30 days prior to homelessness
occurring.Table 3 provides an overview of the process.
*Where a Looked After / Accommodated young person is placed in a
living arrangement that is not a mainstream care placement, Trusts must
complete an Unregulated Notification Report and submit to the HSCB.
Unplanned Exit: Where a discharge date is unplanned, accommodation
needs are immediate and JJC staff has determined that a referral to Social
Services is appropriate a UNOCINI referral should be completed by JJC staff
and forwarded to the appropriate Trust / Gateway Team. The referral from
JJC should incorporate all available information relating to assessed needs,
risks and young person’s ability, wishes and feelings. Identification of the
appropriate Trust / Gateway Team should be determined by:
• The young person’s address prior to placement in JJC;
• The Gateway Team structure in each Trust area. Appendix 2 provides
contact details of the Gateway Teams and access points in each Trust
area.
(Trusts with the exception of the Northern Trust have a single
point of entry through a central Gateway Team; the Northern Trust
currently has three locality based points of entry)
A referral to the Gateway Team will trigger a UNOCINI assessment to be
completed within 10 working days by a named social worker. The purpose of
the assessment, as set out in the regional Guidance, is to assess needs and
risks and entitlement under Article 21 of the Children (NI) Order 1995. To
address the immediate accommodation need the named social worker will
liaise with NIHE District Office to explore and identify a suitable
accommodation option to be used.
The named social worker should inform the Court of the ongoing process of
assessment (identified needs and risks), actions being taken to identify
suitable accommodation and expected timescales. Consideration should also
be given to requesting that the Court incorporate a review date into any
discharge / bail arrangements agreed in these circumstances.
Where the assessment deems that a Looked After / Accommodated child
status is applicable, consideration will be given to the appropriateness of
young person’s temporary accommodation and whether needs would be best
met in a residential children’s home, kinship care placement or a foster care
placement, supported lodgings or jointly commissioned young adults
supported accommodation projects or in liaison with the NIHE District Office
staff other accommodation is secured as suitable
*. Where the outcome of the
assessment determines that Article 21 duties are not applicable, the NIHE will
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continue to provide temporary accommodation and will commence a
homelessness assessment. Trust involvement may continue based on Article
18 duties and on the outcome of the UNOCINI assessment.
Table 3 provides an overview of the process.
*Where a Looked After / Accommodated young person is placed in a
living arrangement that is not a mainstream care placement, Trusts must
complete an Unregulated Notification Report and submit to the HSCB.
50
Table 3
This document is under review
i.
Young people aged 16 / 17 with no current involvement from Social Services
Exiting from Woodlands
REQUIRES ACCOMMODATION
Planned Exit
Unplanned Exit
• Determinate Sentence
• remand arrangements
• discharge date is not negotiable
• release contingent on accommodation and
• proactive planning by Woodlands staff
associated bail conditions
Timely referral by Woodlands to
Immediate referral by Woodlands
Trust / Gateway
to Trust / Gateway
Gateway Team initiates 10 day
UNOCINI initial assessment
Gateway Team initiates 10 day UNOCINI
initial assessment
Assessment outcome determines
Social worker liaises with NIHE to explore /
intervention pathway by Social Services
identify immediate suitable temporary
and / or NIHE
accommodation option
Social worker informs Court of processes
Article 21 duties apply
Article 21 duties do
Assessment outcome determines
not apply
intervention pathway by Social Services
Suitable
and / or NIHE
accommodation
NIHE provide
secured and ongoing
temporary
support provided in
accommodation and
Article 21 duties
Article 21 duties do
line with LAC
commence
apply
not apply
requirements
homelessness
assessment; Trust
Suitable
NIHE provides
involvement may
accommodation
temporary
continue under Article
secured and
accommodation and
18 duties based on
ongoing support
commences
assessed needs
provided in line with
homelessness
LAC requirements
assessment; Trust
involvement may
continue under
Article 18 duties
based on assessed
needs
Accommodation options determined by status of young person which may include a return home, in care
placement, supported lodgings, jointly commissioned accommodation and / or alternative temporary
accommodation through NIHE with ongoing support from the Trust if Article 18 duties apply
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Appendix 1
Definition of Looked After Young People and Care Leavers aged 16/17
This category of young people can be any of the following:
A Looked After Child – has been in care for less than 13 weeks.
An Eligible Child – has been in care for more than 13 weeks and has qualified
for continuing support from Social Services/16 Plus Teams until aged 21.
A Relevant Child – had previously been an ‘Eligible’ child, is now no longer
Looked After and qualifies for continuing support from Social Services/16 Plus
Teams until aged 21.
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Appendix 2
HSCT Contact Details: Gateway, Regional Emergency Social Work
Service, Family Intervention/Support Teams and 16 + Services
HSC Trusts Gateway and Regional Emergency Social Work Service
Contact Details:
Western HSC Trust Gateway
Tel: 028 71 341 090
Belfast HSC Trust Gateway
Tel: 028 9050 7000
South-Eastern HSC Trust Gateway
Tel: 0300 1000 300
Northern HSC Trust Gateway
Tel: 0300 123 4333
Southern HSC Trust Gateway
Tel: 0800 783 7745
Regional Emergency Social Work Tel: 028 95 04999 Service (RESWS) – Out of Hours
•
5pm to 9am weekdays •
24 hours at weekends and
bank holidays.
HSC Trust Family Intervention/Support Teams
Belfast
Knockbreda
9063 1770
Bradbury
9091 2040
Shankill Centre
9504 0300
Beech Hall
9504 0303
Carlisle
0845 300 6650
Arches
9056 3550
Intensive Adolescent Unit – N/W
9504 0303
Intensive Adolescent Unit – S/E
95040369
South Eastern
Stewartstown Road
9060 2705
Lisburn Health Centre
92665181
James Street,
9181 8518
Newtownards
Downpatrick
4461 3511
Bangor
9146 8521
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Northern
Coleraine
7035 2221
Causeway
7035 8158
Ballymoney
2766 1808
Ballymena
2563 5617
Cookstown
8675 8877
Carrickfergus
9331 5114
Antrim
9441 6555
Carnmoney
9083 1444
Larne
2827 5427
Southern
Lurgan
3831 1035
Portadown
3839 3328
Banbridge
4062 0097
Newry
3082 5060
Armagh South
3082 5058
Down South
3082 5059
Dungannon
8772 3101
Armagh
3752 2262
Armagh Rural
3752 2262
Western
East Bank - Rossdowney
7131 4200
West Bank –shantallow
7135 1350
Strabane
7138 1600
Limavady
7776 1100
Omagh
8225 4500
Enniskillen
6634 4000
HSC Trust 16+ Services
Belfast
Wellington Park
9091 2300
Shankill Centre
9504 0301
South Eastern
Lisburn
9262 7400
Downpatrick
4451 3937
Ards
9181 8518
Lisburn
9262 7400
Northern
Magherafelt
7930 1771
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Coleraine
7035 8158
Antrim
9442 6102
Southern
Craigavon/Banbridge
3831 1450
Newry/Mourne
3082 5176
Armagh/Dungannon
8772 2234
Western
L/Derry
71312044
Enniskillen
66347625
Omagh
82243584
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This document is under review
Named HSC Trust and NIHE Leads for Homeless Young People
Trust Areas
HSC Trust
NIHE
Belfast
Karen McShane
Helen Russell
Acting Principal Social Work
Area Sen. Principal Officer
Manager
028 90 317368
Tel: 028 95042390
(To note, Hilary Walker is the
Des Marley
Children’s Services Manager,
Homelessness Services
16 Plus Services
Manager 028 90 317412
Martin Morgan is the Principal
034 4892 0900
Social Worker for 16 Plus
Services)
Susan Gilbride
Deputy Homelessness
Services Manager
028 90 317413
Northern
Tracy Magill
Mairead Flatley
Social Work Service Manager
Area Principal Officer
Tel: 028 944 24600 or
028 25 666050
028 2563 5640
Donna McStravick
(To note, Sean McIlmunn and
Area Homeless Officer
Pamela McGlade are the
028 71 306163
Service Mangers for 16 Plus
Services)
South Eastern
Michael Murray
John Nelson,
Assistant Director,
Area Principal Officer
Safeguarding
028 91 825020
Tel: 028 92 603203
Steven McBurney
(To note, Maurice Largey and
Area Homeless Officer
Aine McGrillen are the Social
028 91 825024
Work Service Mangers for 16
Plus)
Southern
Bryan Gormley,
John Nelson,
Team Manager,
Area Principal Officer
Young People’s Partnership
028 91 825020
Tel: 028 38 391155
Kirsten May
(To note, Liz Stevenson is the
Area Homeless Officer
Head of Service for 16 Plus)
028 38 315852
Western
Kevin Duffy
Mairead Flatley
Social Work Manager
Area Principal Officer
Tel: 028 71 314090
028 25 666050
(To note, Stephen McLaughlin
Eamon McGlinchey
is the Head of Service for 16
Area Homeless Officer
Plus; Peter Quinn and Anne
028 71 309603
Marie McCrory are the Service
Managers for 16 Plus)
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Youth Justice Agency Contact Details
Area
Address
Contact Details
Ballymena
7 Springwell Street
Tel: 028 2563 9900
Ballymena
Fax: 028 2563 9000
BT43 6AT
Email: xxxx@xxxxx.xxx.xx
Banbridge
15 Castlewellan Road
Tel: 028 4062 9158
Banbridge
BT32 4AX
Email: xxxx@xxxxx.xxx.xx
Belfast North
171-179 Duncairn
Tel: 028 9035 1982
Gardens
Fax: 028 9074 6206
Belfast
BT15 2GE
Email: xxxx@xxxxx.xxx.xx
Foyle
Embassy Building
Tel: 028 7136 5593
3 Strand Road
Fax: 028 7136 5621
Londonderry
BT48 7BH
Email: xxxx@xxxxx.xxx.xx
Lisburn
Office Suite 4
Tel: 028 9260 6820
Lisburn Square House
Fax: 028 9260 6829
Haslem's Lane
Lisburn
Email: xxxx@xxxxx.xxx.xx
BT28 1TS
Newtownards
36 Frances Street
Tel: 028 9182 0611
Newtownards
Fax: 028 9182 7321
BT23 7DN
Email:
xxxx@xxxxx.xxx.xx
Omagh
1st Floor
Tel: 028 8225 2398
Anderson House
Fax: 028 8225 9313
Market Street
Omagh
Email: xxxx@xxxxx.xxx.xx
BT78 1EE
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Document Outline
