News

The Department of Health has advised social services departments to use powers under the Local Government Act 2000 to help homeless families with children in need.

The powers are to be used until existing provisions are amended by the Children and Adoption Bill, currently going through parliament.

In the past, local authorities used section 17 of the Children Act 1989 to assist homeless children and their families by providing them with accommodation, or its costs, where help from other sources such as housing departments was not available.

But last November, a Court of Appeal judgment cast doubt on the power of Lambeth Council - and therefore all councils - to use section 17 for this purpose.

A high court judgment last month about Enfield Council reinforced this, stating that councils with social services responsibilities were unable to provide either accommodation or cash assistance towards accommodation under section 17.

The judgment of a third case last April also stated that the power to secure accommodation under section 20 of the 1989 act was a duty to house children only, not their parents. Combined, these judgments meant the only option left to councils under the 1989 act was to separate homeless families and take their children into care.

But, in the Enfield judgment, Mr Justice Elias advised councils to look beyond the 1989 act to other legislation. He said councils could use their power to improve or promote social or economic well-being under section two of the Local Government Act 2000 as an alternative way to provide financial or other assistance towards the obtaining of accommodation.

The Department of Health has now followed up this judgment with guidance to all directors of social services asking them to "note" how their section two powers might be used until the amendment to the 1989 act tabled to the Children and Adoption Bill becomes law.

That amendment, tabled last month by health minister Jacqui Smith, would extend the provision of services for children in need, their families, and others under section 17 to specifically include providing accommodation. This will reverse the effect of the judgments and preserve the principles of the 1989 act, including keeping families together wherever possible.

Homeless charity Shelter, which has long campaigned for the amendment, welcomed the Department of Health's efforts to raise awareness of the potential use of the Local Government Act as an interim measure.

"For local authorities struggling to find a way to help and be lawful, this will definitely help," said Shelter policy manager Sarah Kincaid.