Schedule 1 - Minor and consequential amendments
Homelessness Bill
11:00 am
Ms Sally Keeble (Parliamentary Under-Secretary, Department for Transport, Local Government and the Regions; Northampton North, Labour)
I am grateful to my hon. Friend for drawing that issue to my attention. I share her concerns that social legislation should provide a safety net for those in need. That is why the Bill introduces important new measures to give greater protection to the homeless. The issues raised by my hon. Friend concern the detailed working of the Children Act 1989 and the amendment was prompted by concern over recent court decisions. The courts have considered the nature of the obligation of social services authorities under that Act to provide accommodation and financial support for children in need, particularly if parents are unable to secure accommodation and if local authorities are obliged to help under existing housing legislation.
If a housing authority has decided that an adult applicant is intentionally homeless and if he or she has dependent children, it is common for an approach to be made by such a family to the local social services authority. Social service departments are under a general duty to promote the welfare of children in their area who are in need and to promote the upbringing of such children by their families. The vehicle for the provision of a range and level of services appropriate to the children's needs is section 17 of the Children Act. That allows local authorities to fulfil their general duty by giving assistance in kind or, in exceptional cases, in cash. It does not specify that assistance should extend to accommodation for the family of the child in need, although that is one of a range of solutions that the social services will use if it is considered appropriate in the circumstances.
When a child in need is without accommodation, authorities are under a duty to provide accommodation under section 20 of the Children Act, but accommodation may not be provided if the person with parental responsibility for the child objects and is willing and able to provide accommodation or arrange for accommodation to be provided for the child. That duty to accommodate is clearly a duty to the child and not to the parents of that child. It is most generally used when the children have been abandoned or if their parents are unable or unwilling to care for them.
I admit to no expertise in these provisions; that resides with my colleagues in the Dept of Health. I want to consider with them the issues that form the background to my hon. Friend's amendment before considering whether we need to amend existing legislation, and if so whether an amendment to housing legislation is the way to do it. I hope that my hon. Friend will agree to withdraw the amendment on the understanding that I will consider the issues carefully and report to the House before the Bill is considered in another place.