The Children Act 1989 (section 17) means Children’s Services must safeguard and promote the welfare of children within their local area who are in need, by providing services and support ( a child in law is anyone under the age of 18).

The Children Act 1989 (section 20) says that every Local Authority shall provide accommodation for any child in need with their local area who requires it because:

  • There being no person who has parental responsibility for them.
  • Being lost or having been abandoned.

In most circumstances a 16 or 17 year old who has been assessed as being homeless is most likely to assessed as being a Child in Need (section 17) therefore is entitled to Local Authority accommodation (section 20).

The Housing Act 1996 places a duty on Local Authorities to prevent and relieve homelessness and provide accommodation to those who are homeless and in a ‘priority need’ group. Since 2002 this ‘priority need’ has included 16 and 17 year olds who are assessed as being homeless.

The Homeless Reduction Act 2017 changes the definition of ‘priority need’ to include those at risk of becoming homeless with 56 days.

United Nations Convention on the Rights of the Child, Article 12, the right to have your views and wishes listened to and taken seriously. Article 27(adequate standard of living). Every child has the right to a standard of living that is good enough to meet their physical and social needs and support their development.