Contents

• Antisocial behaviour & harassment

• Asylum seekers
• Courts and legal action
• Eligibility EEA/non-EEA nationals
• Gypsies and Travellers
• Security of tenure
• Young people and care leavers

Anti-social Behaviour Injunctions

Social landlords (local authorities, housing action trusts, registered social landlords and other
charitable housing trusts) have the power to apply for injunctions to prohibit antisocial conduct
that adversely affects, whether directly or indirectly, its housing management functions.

Anti-social behaviour orders (ASBO)

Civil orders that exist to protect the public from behaviour that causes, or is likely to cause,
harassment, alarm, or distress. An order contains conditions prohibiting the offender from
committing certain antisocial acts or from entering certain areas, and is effective for a
minimum of two years. The orders are not criminal penalties and are not intended to punish
the offender. ASBOs were introduced by the Crime and Disorder Act 1998.

Child curfews

A child curfew bans children under the age of 16 from being in a public place during
designated hours (between 9pm and 6am). For children under 10, contravening a ban
imposed by a curfew notice is a condition under which family proceedings could make the
child subject to a child safety order.

Child safety orders

Child safety orders are intended for children below the age of criminal responsibility (those
under the age of 10). A child safety order will be applied to a child who has committed an
offence, breached a child curfew or caused harassment, distress or alarm to others. Social
services or a worker of the youth offending team supervises the child. If the order is not
complied with then the parents can be made subject to a parenting order if that would be in
the interests of preventing repetition of behaviour that initially led to a child safety order.

Closure order

A closure order is an order which secures premises for a period of up to six months. The
magistrates court must be satisfied that an order is necessary and that the premises are
associated with the use or production or supply of class A drugs, and associated with serious
antisocial behaviour.

Exclusion order

Social landlords (local authorities, housing action trusts, registered social landlords and other
charitable housing trusts) have the power to apply for injunctions to prohibit antisocial conduct
that adversely affects, whether directly or indirectly, its housing management functions.

Family intervention programme

A Family Intervention Programme (FIP) is a programme intended to stop the antisocial

behaviour of families. A FIP can provide an intensive outreach programme to families in their
own homes or managed accommodation, or provide intensive support programme in
supervised accommodation.

Illegal eviction

Illegal eviction is the action taken by a landlord, or another party, to deprive an occupier of
access to all or part of their accommodation without following the correct legal procedures.

Parenting orders
A parenting order is a civil court order which compels parents/carers of young people who
offend, truant or who have received a Child Safety Order, Anti-Social Behaviour Order or
Sexual Offences Prevention Order to attend parenting classes or counselling and to fulfil
other requirements as determined necessary by the court for improving their child's
attendance or behaviour. Orders usually last for 12 months.

Statutory nuisance

The conditions that constitute statutory nuisance are set out in The Environmental Protection
Act 1990. For action to be taken, the nuisance must be, or likely to be, prejudicial to health, or
interfere with their legitimate use and enjoyment of land. Statutory nuisance can include: the
poor state of premises, noise, smoke, smell, or behaviour of animals.

Asylum seekers

An asylum seeker is a person who is seeking refugee status and claims that it would be
contrary to the UK's obligations under the United Nations Convention Relating to the Status of
Refugees to remove her/him from, or require her/him to leave, the UK and return to the
country from which s/he came as s/he would be at risk of persecution for reasons of race,
nationality, membership of a particular group or political opinion.
Asylum support adjudications

The tribunal that hears appeals against decisions of the UK Border Agency to refuse or
withdraw asylum support under sections 4 or 95 of the Immigration and Asylum Act 1999. The
judge is called an Asylum Support Adjudicator (ASA). There is no appeal to the ASA in
relation to a decision made under section 55 of the Nationality, Immigration and Asylum Act
2002 or in relation to the type or level of support.

Discretionary leave to remain

This is an immigration status which is given to a person who may have applied for asylum but
has been granted neither asylum nor humanitarian protection or to those who have not
applied for asylum but who meet the discretionary leave criteria. The only circumstances in
which a person can be granted discretionary leave are where:

 there has been a breach of Article 3 of the European Convention of Human Rights
(‘no-one shall be subjected to torture or to inhuman or degrading treatment’)
 her/his Article 8 rights would be violated (‘the right to home, private and family life’)
 s/he is an unaccompanied asylum seeker child who cannot be looked after in her/his
own country
 there are personal circumstances so compelling that granting her/him leave is
considered to be appropriate.
The amount of time that people are granted discretionary leave depends on individual
circumstances, but it will usually be for a period of three years initially.

Exceptional leave to remain

This is an immigration status which is no longer awarded. Prior to 1 April 2003, people whose
applications for refugee status had been refused were sometimes granted exceptional leave
to remain. It could have been awarded due to personal circumstances or circumstances in a
particular country at that time. They may be expected to return home if their situation, or that
of the country they have left, improves. This status has been replaced with ‘humanitarian
protection’.

Humanitarian protection
This is an immigration status which can be given to anyone who, whilst not recognised as a
refugee, would in his or her own country, be at serious risk of facing death penalty, unlawful
killing, torture, inhuman or degrading treatment or punishment. Permission to stay in the UK is
granted for up to five years from August 2005 onwards and up to three years prior to August
2005. From 6 October 2006, people granted humanitarian protection are included under the
Immigration Rules.
Indefinite leave to remain now known as 'settled status'

An immigration status which means that there is no time limit on an individual’s permission to
stay in the UK. This is also known as settled status. On being given refugee status that
person is granted five year's limited leave to remain, then at the end of five years the refugee
will normally be granted indefinite leave to remain.

Integration loan

An interest-free loan granted to refugees by the Government to assist them with integration
into their local communities. The loan may be used to purchase certain goods and services,
such as work equipment/clothing, educational courses and housing deposits. Only those who
have been granted leave to remain as a refugee or under humanitarian protection will qualify
for these loans.

National Asylum Support Service (NASS)

A former agency of the Home Office that was created to administer the asylum support
system. The system is now adminstered by the UK Border Agency.

New Asylum Model (NAM)

NAM is the application procedure for asylum seekers. NAM has three elements:

 segmentation - immigration officers screen claims and assign cases to one of five
categories based on the nature of the claim
 fast-track processing - speedier management of certain categories of cases, and
 individual 'case owners' - the asylum seeker will only liaise with one representative
from the UK Border Agency regarding all aspects of her/his claim.

Refugee

A refugee is a person whose claim for asylum has been successful and s/he is considered by
the Home Office to come within the definition of refugee as described in Article 1 of the United
Nations Convention Relating to the Status of Refugees.

Section 4 support

A special form of support for people whose asylum applications have been refused. Section 4
of the Immigration and Asylum Act 1999 provides the UK Border Agency with the authority to
provide support to destitute asylum seekers who have exhausted all possible appeals
process. Also known as 'Hard cases' support.
Affidavit

A written statement, sworn before someone authorised to administer oaths. They are now
rarely used in housing cases, but may be used in applications under the Protection from
Harassment Act 1997, or applications for committal following a breach of an injunction. For
most other cases they have been replaced by witness statements containing 'statements of
truth'.

Applicant

A person who makes an application, for example where a party applies to the court to have a
possession order set aside.

Appellant

A person who appeals against a case in civil proceedings is called the appellant.

Assisted party or assisted person

This term is used to indicate a person who has a public funding certificate (previously Legal
Aid) from the Legal Services Commission.

Civil Procedure Rules

These rules govern how cases are conducted in the civil courts, and were introduced in April
1999 to ensure fair and efficient hearings within the civil court system.

Claimant

The person who initiates the court action/makes the claim.

Costs assessment

This is the procedure used by the court to assess the level of costs to be paid by one party to
another. There are two types of assessment: detailed and summary assessment.

Costs order

A court order specifying how costs are to be paid.

Defendant

A person sued in a civil action or charged with a criminal offence. In some cases known as
the respondent.

Disbursements
These are the costs spent by a solicitor, such as court fees or expert fees.

Fast track

One of three civil court 'tracks', which is normally used where the claim is worth between
£5,000 and £15,000. However, there are important exceptions, including claims for disrepair
and harassment and unlawful eviction.

Fixed costs

The court rules state exactly what costs can be claimed for some straightforward money
claims.

Interim costs order

A costs order that is made during the course of a court case, before the final hearing.

Injunction

A court order that prohibits someone from doing something, or orders them to do something.
Examples include an injunction ordering a local authority to house a homeless family, or an
injunction requiring a landlord to allow a tenant who has been illegally evicted to return to
her/his home.

Legal Services Commission

The public body that deals with the administration of the Community Legal Service (also know
as civil legal aid system), to provide funding for civil cases. It replaced the Legal Aid Board.

Litigant in person

A person who is not represented by a solicitor in a court case, and conducts her/his own
case.

Multi-track

One of three civil court 'tracks', which is normally used in cases with a value exceeding
£15,000, or where the issues, evidence and estimated length of the trial are such that the two
other tracks (small claims and fast track) are not appropriate.

Notice of commencement

This is one of the documents that is served on the party that is to pay the costs of a case,
warning what costs are claimed and explaining how to obtain a detailed assessment of the
costs.
Paying party

Where the court has ordered one party to pay the other party's costs, s/he is called the paying
party.

Practice Directions

The Civil Procedure Rules are divided into 'parts', and each part is followed by a Practice
Direction, which provides more detailed guidance about that part of the Civil Procedure Rules.

Public funding (also known as legal aid)

This term refers to the legal aid funding administered by the Legal Services Commission to
provide a variety of legal services to people who meet certain eligibility criteria.

Receiving party

The party that is getting her/his costs paid by the other side.

Respondent

See defendant.

Small claims track

One of three civil court 'tracks', which is normally used in claims worth up to £5,000, but there
are some important exceptions with regard to housing cases.

Statement of truth

A statement that a person putting forward a particular document believes the facts contained
in the document are true. The person making the statement of truth must be the claimant,
her/his litigation friend or legal representative or, for witness statements by other people, the
person who makes the witness statement. Unlike affidavits, witness statements do not have
to be sworn on oath, but the maker may be found guilty of contempt of court if s/he makes a
false statement.

Statutory charge

This is the method used by the Legal Services Commission to recover money from an
assisted person, where money or property has been obtained or preserved in a case.

A2 states

Bulgaria and Romania.

The scheme for A2 nationals will expire on 31 December 2011, although the UK Government
could extend this deadline for a further two years. After the end of the scheme, A2 nationals
will be treated in the same way as other EEA nationals.

A8 states

Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.

The restriction imposed on A8 nationals by the Worker Registration Scheme will expire on 30
April 2011. After that date, A8 nationals will be treated in the same way as other EEA
nationals.

Citizens of British Overseas Territories

These were formerly known as the British dependent territories. They are: Anguilla, Bermuda,
British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands
and Dependencies, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St
Helena and Dependencies, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and
Caicos Islands, and the Virgin Islands. (The sovereign bases of Akrotiri and Dhekelia do not
count as qualifying territories for nationality purposes.) South Georgia and the South
Sandwich Islands were the dependencies of the Falkland Islands, but were not British
overseas territories between 3 October 1985 and 3 December 2001. Hong Kong stopped
being a British overseas territory on 30 June 1997 when sovereignty returned to China. St
Christopher and Nevis was a British overseas territory until 18 September 1983, when it
became an independent Commonwealth country.

Common travel area

The United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland
collectively. A person who is a citizen of, or resident in, the Common Travel Area can travel
freely within this area. A person who requires leave to enter or remain, or who is a person
subject to immigration control who arrives in the UK via Ireland, remains subject to
immigration control at her/his first point of entry to the UK.

EEA national

Citizens of the following countries are EEA nationals: Austria, Belgium, Bulgaria, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland (not actually part
of the EU or EEA, but linked to the EU by an agreement), United Kingdom. From 1 May 2011,
also nationals of the former A8 countries ie Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Poland, Slovakia and Slovenia.

Eligibility for assistence

In order to qualify for homelessness assistance an applicant must be eligible for assistance.
Two main groups of people can be affected ie those subject to immigration control, and those
who are not habitually resident in the Common Travel Area. Regulations specify which people
subject to immigration control are eligible for assistance. Many EEA nationals (eg workers)
are automatically treated as habitually resident and eligible for assistance.

European Convention on Human Rights

The Convention is an international treaty to protect human rights and fundamental freedoms
of individuals in Europe, for example the right to life, prohibition of torture and slavery. It was
incorporated into the law of the United Kingdom by the Human Rights Act 1998 and
individuals who believe their rights under the convention have been violated can raise the
issue in the UK courts. The Convention also established the European Court of Human
Rights.

Habitual residence test

If an applicant is not subject to immigration control, and has lived abroad s/he must be
habitually resident in the Common Travel Area to be eligible for assistance under the
homelessness legislation, for an allocation of social housing or to be entitled to a range of
benefits. An EEA national with a right to reside in the UK (eg a worker) will automatically be
treated as habitually resident.

Persons from abroad

The term 'persons from abroad' has been used in social security law for many years. It
predates the definitions of 'persons subject to immigration control.' It is a generic term and
includes not just persons subject to immigration control, but also British citizens and EU/EEA
nationals deemed ineligible for homelessness assistance.

Subject to immigration control

There are two different definitions of a 'person subject to immigration control' used in
homelessness law. The first definition comes from the Asylum and Immigration Act 1996 and
refers to persons 'requiring leave to enter or remain' under the Immigration Act 1971. This can
include EU/EEA nationals if they do not have a right to reside. The second definition, which is
contained in section 115 of the Immigration and Asylum Act 1999, specifically excludes
EU/EEA nationals.
Right to enter the UK

EEA nationals (including A2 and A8 nationals) and members of their family have the right to
enter the UK upon production of relevant documents, and providing they are not subject to
immigration control. Once in the UK, they have the automatic right to reside in the UK for
three months to seek work.

Right to reside

The right to reside is a requirement that people can show they have a right (conferred by law)
to reside in the UK and it mainly affects EU/EEA nationals. Once the initial three-month period
has expired, not all EEA nationals will acquire the right to reside. Those who have the right to
reside include the economically active or being self-supporting, students, or the family
members of an EEA national who is in one of these categories.

UK national

The following people will be considered to be a UK National: anyone born in the UK before 1
January 1983; anyone born after 1 January 1983 to a British or a settled parent; anyone who
has naturalised or registered as British; anyone whose father was British when they were
born and was or is married to their mother; anyone born after 1 July 2006 to a British or
settled father who is not married to his/her mother but does appear on the birth certificate or
has been proved by the courts to be the father; anyone adopted by a British father in the UK
before 1 January 1983; anyone born after 7 February 1961 to a British mother. In 2002,
legislation extended the right to British citizenship to the following: citizens of the British
Overseas Territories, but not the Soverign Base Areas of Akrotiri and Dhekelia; and British
overseas citizens, British subjects and British protected persons if they do not hold and have
intentionally given up the citizenship of another country.

Worker Authorisation Scheme

Workers from the A2 countries (ie Bulgaria and Romania) will be required, except where they
are exempt from the requirement, to obtain a work authorisation document before they
commence employment in the UK.

Those qualifying for such a document will generally be those skilled workers who meet the
criteria for the issue of a work permit under the current work permit arrangements for A2
nationals. Work authorisation documents will also be issued to lower skilled workers entering
the UK to undertake seasonal agricultural work and employment in the food processing
sector.
Worker Registration Scheme
The Worker Registration Scheme was introduced in 2004 for the A8 states that joined the EU.
It allows the UK to monitor where citizens of those countries are coming into the UK labour
market, the type of work they are doing, and the impact this has on the British economy. A8
nationals usually have to register under the Worker Registration Scheme within one month of
their arrival to the UK in order to work for an employer there. Once the worker has been
working in the UK legally for 12 months without a break in employment, they no longer have
to register on the Worker Registration Scheme. They can then obtain a residence permit
confirming their right to live and work in the UK.

The restriction imposed on A8 nationals by the Worker Registration Scheme will expire on 30
April 2011. After that date, A8 nationals will be treated in the same way as other EEA
nationals.

Caravan

A caravan is defined as defined as 'any structure designed or adapted for human habitation
which is capable of being moved from one place to another... and any motor vehicle so
designed or adapted'.

Enforcement notices

The local authority can issue an enforcement notice where there is a breach of planning
permission. An enforcement notice would contain the details of the breach and the required
steps that are needed to be taken to ensure that the breach is remedied. Failure to comply
with an enforcement notice is a criminal offence, and the planning authority has the power to
enter the land to take steps to enforce the notice.

Green belt land

A green belt is an area of land which is protected from development. The land is protected by
planning controls, and by the presumption against inappropriate development within its
boundaries.

Gypsy

A Gypsy is defined as a 'person of nomadic habit of life, whatever their race or origin'.

Gypsies and Travellers

Under the Housing Act 2004 Gypsies and Travellers are defined as:

'(a) persons with a cultural tradition of nomadism or of living in a caravan; and

(b) all other persons of a nomadic habit of life, whatever their race or origin, including

(i) such persons who, on grounds only of their own or their family's or dependant's
educational or health needs or old age, have ceased to travel temporarily or permanently; and

(ii) members of an organised group of travelling showpeople or circus people (whether or not
travelling together as such).'

Protected site

A protected site is one that requires a site licence and has planning permission for use as a
caravan site that is not granted for holiday use only and not limited as to the times of the year
when caravans can be stationed.

Romany Gypsies and Irish Travellers

The Race Relations Act 1976 defines Romany Gypsies as a separate ethnic group to
Gypsies. Irish Travellers have also been recognised as a separate racial group. A person will
be defined as a Romany Gypsy or Irish Traveller if they are born, or marry into a traditional
Romany Gypsy or Irish Traveller family.

Stop notices

A stop notice can be issued by the local authority to require the breach of planning control to
stop at short notice. The planning authority can issue a temporary stop notice at the start of
an unauthorised development before an enforcement notice is served. Failure to comply with
a stop notice is a criminal offence.

Adverse possession

Adverse possession is the occupation or possession of land by a person not legally entitled to
it. If adverse possession continues unopposed for a period specified by law (see below), such
occupation extinguishes the title of the legal owner. In this way, under certain circumstances,
a squatter can come onto land, occupy it, and subsequently gain legal ownership of it.

Agricultural occupiers

Agricultural occupiers live in accommodation let to them or arranged for them by their
employer as a condition of their employment. For an agricultural occupancy to exist, the
occupier must be a qualifying worker, have a relevant license or tenancy and occupy a
dwelling house that is in qualifying ownership.

Assignment
Assignment is the transfer of the assignor's legal interest in a property to another person,
known as the assignee. Both landlords and tenants can make assignments. When a tenant
assigns, her/his legal interest in the property is passed on to the assignee who takes over that
interest and becomes the tenant.

Freehold

The right to possession and use of land for an infinite period of time. Most houses are sold as
freehold.

Joint tenancy

A joint tenancy occurs when two or more people are named as tenants on a tenancy
agreement. The effect of a joint tenancy is that all parties become jointly and severally liable
for the terms of the tenancy, including the rent payments.

Lease

Another term for a tenancy. Commonly, it is used to refer to long-term contracts between
freeholder and leaseholder, for example a 99-year lease for a flat.

Leasehold

The right to possession and use of land for a fixed period of time. The lease is the agreement
which creates the right. The person who has the leasehold is the tenant or lessee. The person
who grants the leasehold is the lessor or landlord. Most flats are sold as a leasehold.

Notice to quit

A notice to quit (NTQ) is written notice given by the landlord or tenant to end a contractual
periodic tenancy. A NTQ served by the landlord must include prescribed information.

Owner-occupier

An owner-occupier is a person who lives in a home that s/he owns.

Squatter (or trespasser)

A squatter is a person who enters and occupies property without permission from the person
entitled to possession of the property.

Subtenancy

A subtenancy arises when a tenant creates a tenancy out of her/his interest, but remains in
the position of tenant against a higher landlord.
Surrender

Surrender can be express in a deed of surrender, or implied. Implied surrender involves an

unequivocal act or acts by both the tenant and landlord that are inconsistent with the
continuation of the tenancy. An example would be where the tenant hands the keys over to
the landlord with an intention to end the tenancy and the landlord accepts the keys and
agrees to the tenancy ending.

Tenancy Deposit Protection Scheme

From 6 April 2007, all deposits paid for a new assured shorthold tenancy, have to be paid into
a government-approved scheme.

Tied accommodation

Tied accommodation is accommodation provided by employers to employees in connection

with their employment. This is also known as service accommodation and can be provided to
both public and private employees, for example resident wardens, housekeepers and NHS
staff.

Warrant of possession

This document provides means to enforce a judgment or order for the possession of land. If
the tenants or occupiers do not voluntarily leave the land, the court bailiff has powers under
the warrant to evict them.

Care leavers

Those who have left care which was provided by social services.

Child in need

A child, for the purposes of the Children Act 1989, is a person under 18. A child is defined as
being 'in need' if s/he needs services in order to maintain or achieve a reasonable standard of
health or development or is disabled.

Dependent children

The Housing Act 1996 does not define dependent children. The Code of Guidance states that
dependent children do not have to be the children of the applicant, but could be related to the
applicant or her/his partner or be adopted or foster children. The Code suggests that all
children under the age of 16 should be treated as dependent, as well as those aged 16 to 18
who are either receiving or about to receive full-time education or training or who are
otherwise unable to support themselves and who live at home.
Eligible children

These are young people still in care, aged 16 and 17, who have been looked after for (a total
of) at least 13 weeks from the age of 14.

Former relevant children

These are young people aged 18, 19 or 20, who have been eligible and/or relevant children.

Foyers

Foyers are designed for 16 to 25 year olds who are homeless or in housing need. They offer
safe and affordable accommodation, guidance and support, and access to education and
employment. Foyers differ from hostels due to the opportunities and support that are offered
to the residents.

Fraser competent - formerly Gillick competent

The Fraser ruling provides guidance for healthcare workers working with young people under
the age of 16 in that they can give valid consent for medical examination and treatment –
depending upon the nature and seriousness of the decision to be made, in conjunction with
the child’s mental and emotional maturity, intelligence and comprehension of the information
they have been given. This requires a healthcare worker to make a judgment in each
individual situation/ case. It is important that the healthcare worker makes a clinical judgement
of the child’s competence in each case. Certain criteria need to be met in order for a child to
be deemed competent:

 the young person understands the potential risks and benefits of the treatment and
the advice given
 the value of parental support is discussed. All healthcare workers are obliged to
encourage the young person to inform their parents of the consultation. If s/he will not
inform a parent, the healthcare worker must explore the reasons why. It is important
that the young person seeking contraceptive advice is aware that although the
healthcare worker is legally obliged to discuss the value of parental support, the
healthcare worker will respect their confidentiality
 the young person’s physical or mental health may suffer if s/he is not prescribed
treatment/contraception
 the young person’s best interests require the provision of medication/contraception
without parental consent It is good practice for the healthcare.
 The Fraser competence relates only to medical treatment. The term 'Gillick
competent' is perhaps more widely used.
In care
A young person is 'in care' if s/he is 'looked after' by a local authority social services authority:

 under a compulsory care order, or

 provided with accommodation by voluntary agreement.

Lodging schemes

Lodging schemes operate a register of people willing to rent out a room in their home. Local
authorities or voluntary agencies may manage schemes. Low-level support may be provided
on some schemes.

Looked after, accommodated or fostered

For the purposes of entitlement to services under section 24 of the Children Act 1989, this is a
person under the age of 21, who (after the age of 16, but while still a child under the age of
18) was, but is no longer:

 looked after by a local authority (this can include a young person who was
accommodated by the local authority for just one night)
 accommodated by, or on behalf of, a voluntary organisation or in a private children's
home
 accommodated for a consecutive period of at least three months by any health or local
education authority, or
 privately fostered.

Minors

People aged under 18 years old. A minor cannot hold a legal interest in land, and therefore
cannot enter into a tenancy agreement.

Nightstop

Nightstop is a service available to 16- to 25-year-olds who are homeless or likely to be made
homeless. A bed is provided in a private room, one night at a time. An evening meal,
breakfast, bath or showers are also provided. The volunteers who provide the
accommodation are called hosts.

Pathway plan

This is an agreement between the local authority and a young person (all eligible, relevant
and former relevant children must be provided with a pathway plan as soon as possible after
the assessment of their needs) about what should happen in the future, and how the local
authority should support and provide for the young person. The plan should cover
accommodation, life skills, education and training, employment, specific support needs, and
financial support. It should be reviewed every six months, or upon request by the young
person or her/his personal advisor.

Privately fostered

A child under the age of 16 who is cared for and provided with accommodation by a person
who is not a parent, has no parental responsibility and is not a relative.

Relevant children

Young persons aged 16 or 17 who have already left care, and who were looked after for (a
total of) at least 13 weeks from the age of 14, and have been looked after at some time while
they were 16 or 17. This could include unaccompanied asylum-seeking children provided with
accommodation by social services.

Relevant student

A care leaver under the age of 24, who qualifies for advice and assistance (or would have
done so if s/he was under 21) because s/he was formerly looked after by a local authority,
and who is in full-time higher education or residential further education. When term-time
accommodation is not available to a relevant student during the holidays, housing these
students remains the responsibility of social services.

Section 17 Children Act 1989

Under section 17 of the Children Act 1989, local authorities have a general duty to safeguard
and promote the welfare of children in need. Social services have the power to provide
financial assistance and accommodation, for example, to help a young person access
accommodation by paying a deposit and rent in advance, or to enable her/him to meet any
rent shortfall after housing benefit.

Section 20 Children Act 1989

Under section 20 of the Children Act 1989, local authorities have a duty to provide
accommodation to a 16- or 17-year-old who is a ‘child in need’ and whose welfare is likely to
be seriously prejudiced if the local authority does not provide him/her with accommodation.

Single room rent restriction/shared room rent

The single room rent restriction creates a limit for (most) people aged under 25 as to the
amount of housing benefit that they can receive; it is known as the shared room rent under
the local housing allowance scheme. The entitlement is that of the average local rent for
shared accommodation.