Councils accused of leaving 500 homeless children a year alone without proper support

A solicitor has claimed that local authorities have been ignoring housing laws leaving an estimated 500 children vulnerable without support in South London each year.

An estimated 50 homeless 16-17 year olds per council in South London are being placed in supported accommodation on their own without required protection every year, in breach of the Children Act.

These teenagers should be supported with a personal adviser, an assessment of the child’s needs, a care plan and support as they leave care.

But figures from Lambeth council show that between October 2019 and September 2020, 52 children were denied this support.

Dan Rosenberg, from Simpson Millar solicitors said: “Councils have been putting lone 16 and 17 year olds into hostels and supported accommodation but haven’t been doing so under the Children Act.

“This means councils have no ongoing obligation to the children, they are not putting protection in place for them and when these children turn 18 they are not owed any support as care leavers.

“Local authorities are bypassing the legislation that Parliament put in place to protect vulnerable children.”

Mr Rosenberg is currently representing a young woman who cannot be named in a court case against Lambeth council.

The case has been transferred to the Royal Courts of Justice after the High Court granted permission for a full hearing to take place.

The challenge against Lambeth council is brought by Simpson Millar’s Public Law team on behalf of the woman, now 19 years old, who was first accommodated in a hostel around the time of her 17th birthday.  

At a hearing expected to take place before the end of July, the woman’s legal team will argue that was not lawful to provide her with supported accommodation “other than pursuant to section 20 of the Children Act 1989”.

The High Court Judgment granting permission for the challenge to proceed recognised that the case “raised important points of wide implication”.

Mr Rosenburg said: “I want to stress this is not a unique tactic used only by Lambeth council.

“Many, if not most, local authorities avoid the majority of lone 16 and 17-year-olds who they accommodate at that age becoming looked after at all under section 20 of the Children Act 1989.”

Simpson Millar’s Public Law team have taken cases from Southwark, Bexley, Lewisham and Lambeth in the last year.

A spokesman from Lambeth Council said: “Lambeth council will present the details of why it believes it acted lawfully at the forthcoming legal hearing, and will act in line with the outcome.”

Pictured top: The Royal Courts of Justice (Picture: Google street view)