I have a 19 year old client who is living on her own in a two bed flat. She has a single room rent restriction applied to her HB claim and is struggling to meet the whole rent. We've been through the ways she might get excluded from the restriction and the only part she might meet is the section about Local Authority care. She was in hospital from the age of about 14 years to 16 and had a social worker. She was 'discouraged' from returning home because it would not be safe for her to do so, and the social worker said that she was only happy for her to be discharged from hospital at the weekends if she knew that the client was going to her sister's flat. She was never 'provided with accomodation by a local authority under section 20 of the children act'. But is there any possible argument for my client being 'under the supervision of the LA under specific legal provisions....' and therefore the SRR won't apply to her?

Can anyone clarify the terms 'supervision' and 'specific legal provision'as per the regs, or is there any guidance that might help?

A colleague once told me that if someones care had been 'arranged' by social services, even if it was with a friend or other relative then it might count....is there any truth in this?

If anyone has had experience of making an argument on these grounds or any other info please reply.

The references to "supervision" only apply in Scotland because those exclusions from the definition of "young individual" in HB Reg 2(1) refer back to the Social Work (Scotland) Act 1968.

The exclusions in England and Wales revolve round care order made under S31(1)(a) of the Children Act 1989.

There is a good explanation in the analysis of Reg 2(1) in Findlay

New to this forum - so Hi all! Before working in older peoples services I worked in Children & families social work at a hospital. So i have some experience of this issue. The short answer to your question is YES, the long answer appears below!!

my feeling is your client needs to request her files and get a family solicitor or advisor from somewhere like Voice of the child in care or other advocacy orgs to help go through the file. What youd need to be looking for is either of the below amongst other things.

When she was discharged from hospital, was she discharged to the family home? Or to independence? If to independence straight away, my understanding is that the local SSD have failed her.

There seems to be 3 seperate strands to this

a) was your young person in hospital due to ilness or disability (ie cancer, terminal or chronic illness etc) and was in hospital FOR THAT reason? ie to recieve physical medical treatment

b) was it a residential hospital such as a psychiatric hospital? , for example for more of an emotional health need AND was placed there by the LA.

c) Was the hospital a secure unit? If it was there is no doubt in my mind that this is a looked after placement, and they had to provide leaving care services if discharged to independence.

if a) my understanding is that all children who are in hospital for more than 12 weeks are subject to Looked After Children reviews. Ie, that child is classed as a Looked after child, but PR remains with the parents.

if B) the LA recommended the placement, then the child SHOULD have been classed as Looked after in any event.

I would go at it from the angle that the child SHOULD have been classed as Looked after, and therefore classed as a care leaver. They sohuld be entitled to leaving care services under the Act including support, education, leisure, and of course housing.

however, Im not a legal expert on this, Id give your LA's child protection adviser a call, maybe after youve spoken with voice of the child in care, or similar. If they have failed to treat your young person as LAC, there could be some serious repercussions, not to mention a bit of a payout In any case I would expect that this should be resolved, and the LA could be repsonsible for paying out the deficit, if not moving her to more approiate accomodation if this is required.

I cant find any links for the life of me, but do email me if you want more.

Hi Thanks for this too.

Client was in hospital for eating disorder. However luckily I share an office with a children's nurse who works at the local hospital. All under 16's with eating disorders are on the children's ward, so I don't think I am able to use this argument. But thanks for this as it has made me more aware of types of LA care arrangements.Susanne

Hi Susanne

It may be that you have now resolved this issue, but I have been away on leave. If you have ignore this or if I am wrong please let me know.

2 things need to be looked at.

1. My understanding from a Housing Benefit point of view is the young person has to have been "subject of a care order" (an order made by the Couty Court)the court order will have had to been made after the age of 16 or if earlier continued after the age of 16, for this exemption to apply. The Social Services Dept will know if this is the case.

2. When you say a rent restriction is it actually a Single room rent determination? (a room in a shared house) normally approx 35 - 45 pounds. Depending on area

or:

Have they reduced the rent of a self contained property and applied a notional rent reduction for the second room? (reduced the rent because the self contained property is too big).

Obviously I do not know the full details of this case, but it may be worth looking at a Discretionary Housing Payment (DHP) to top up the rent whilst trying get the young person rehoused in either a Housing Association or Local Authority property. Please bear in mind the young person may be tied into a contract (tenancy) in the current property, this can be used as an argument when asking for the DHP, as these only tend to be paid for a short period of time not indefinitely.

I hope this helps if you need any further information on any of the above please let me know. Kim

Hi Thanks,
Yes client is applying for a Discretionary Housing Payment. I have spoken to her ex-social worker who says that no care order was ever actually made and the only time the SW didn't want her to go home she went to a friends house for the weekend. She has had her rent restricted under the single room rent restriction, but this will change for her when she has her baby in about 6 weeks time. Susanne

Great its worked out.

As she is pregnant a DHP should be awarded as this is one of the criteria(2 bed need as pregnant) for allowing a DHP.

KIM