Legal Information

Some basic facts about young people, housing and the law.

Leaving Home

In most cases you can leave home without your parents/guardian's consent if you are over the age of 16. That is, your parents would find it difficult to force you to stay at home. It is however very difficult to find accommodation and to claim state benefits at this age unless you have to leave home.

If you are under 16 and feel that you have to leave home, Social Services Children & Young People's Services might be able to help. They can find out more about what is going on, see if there are any services that might help you and your family to live together, or look at finding alternative accommodation for you.

*A recent ruling by the House of Lords means that young people aged 16 or 17 who become homeless will be assessed by Children & Young People's Services. If they are shown to be 'in need', they will be accommodated and supported under the terms of the Children Act. If the assessment shows that the only need the young person has is to be housed, they will be referred to the local Housing Department.

Homelessness

The council has a duty to provide accommodation to anyone who fits the definition of homelessness.

You are homeless if:

• You have no accommodation in the UK or elsewhere that is available for you to live in
• Or, you do have accommodation, but it is not reasonable for you to live there

You are considered to be threatened with homelessness if you are likely to fit either of these criteria within 28 days.

The Children Act instructs Local Authorities that they must assist you if:

• no one has parental responsibility for you, or
• you are lost or abandoned, or
• the person caring for you is no longer able to provide accommodation, or
• you are aged 16-17 and your welfare would be threatened if it doesn't provide accommodation.

These rules apply to asylum seekers too.

The council consider you to be in priority need for housing if:

• You are aged 16 or 17
• You are 18-21 and used to be in Local Authority care
• You are pregnant or have a child/children who normally lives with you
• You have been made homeless as the result of an emergency (fire/flood etc)

You will also be considered in priority need if you are vulnerable due to:

• fleeing domestic violence
• mental illness/disability
• physical disability
• having been in Local Authority care

This does not mean you'll get your own place from the council, but they will offer you advice and assistance and accommodation on a temporary or permanent basis.