2. Legal framework
2.1 The Children Act 1989 and 2004: This protocol is in accordance with Section 17 and 20 of the Children Act (1989), the Children’s Wellbeing and Schools Act (2026) and takes into account recent case law relating to this specific group of young people.
2.2 Part VII Housing Act 1996: This legislation sets out the Local Authority’s duties in relation to homeless households and households threatened with homelessness.
2.3 The Homelessness Act 2002: The Homelessness Act (2002) acknowledges a priority need on a 16 or 17 year old who is neither a relevant child nor the beneficiary of the statutory duty to accommodate Children in Need contained in Section 20 of the Children Act (1989).
2.4 Prevention of homelessness and provision of accommodation for 16 and 17 year old young people who may be homeless and/ or require accommodation, MHCLG and DfE, February 2025. This guidance confirms the need for housing and children’s services to work together to prevent young people being passed back and forth between teams. Provision of accommodation for 16 and 17 year olds who may be homeless and/or require accommodation.
2.5.1 Case Law: R (G) v Southwark 2009: The House of Lords judgement highlighted the need for co-operation between children's services and housing services. The House of Lords reiterated that the Children Act (1989) has primacy over the Housing Act (1996) in providing for children in need. The duties of local children’s services authorities to accommodate children in need cannot be circumvented by referring the child to the housing authority, whose duties under Part 7 of the Housing Act 1996 provide a safety net only for those (very few) homeless children who will not meet the criteria for accommodation under section 20 of the 1989 Act. A child in need assessment must be made in respect of all homeless 16 and 17 year olds.
2.5.2 The Homeless Reduction Act 2017: Further statutory duties placed on local authorities to provide meaningful support to everyone who is homeless or at risk of homelessness, regardless of whether they are in priority need. It includes the requirement to identify and prevent homelessness and to target advice/ assistance to those groups more vulnerable to homelessness, including 16 and 17 years olds.
2.6 Working Together to Safeguard Children – statutory framework: legislation relating to safeguarding and promoting the welfare of children, December 2023: Safeguarding children and protecting them from harm is everyone’s responsibility. Everyone who comes into contact with children and families has a role to play.