Ernie Clark. Hilperton Division, Wiltshire Council.

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Wednesday July 08, 2009 Law Lords lay it down ...

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Children's Services must support homeless 16 and 17 year olds.

A landmark House of Lords ruling has reaffirmed that homeless young people aged 16 and 17 are entitled to 'more than a roof'.

The decision to allow an appeal in the case of Regina v London Borough of Southwark means that local authorities cannot be deemed to have met their duty in respect of Section 20 of The Children Act simply by 'passing the buck' and referring a young person to a housing authority. (Section 20 refers to the requirement to any young person who is homeless and without parental support.)

In her judgement, Baroness Hale of Richmond said it was 'something of a surprise' that the issue should have reached the Lords as it was the clear intention of legislation that such children need more than a roof over their heads.

The appellant was a young man who had been thrown out of home by his mother and was sofa surfing. Assessment by social services in Southwark led to the borough claiming that he had 'no identifed need for social services support' and that his needs could be met through provision of housing and referral to support agencies; the Law Lords disagreed.

The details of this case were obtained from 'The Edge' - a newspaper about youth affairs for elected councillors.