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Written- Written Response of the Welsh Assembly Government to the Social Justice And Regeneration Committee’s Report on Youth Homelessness

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Edwina Hart, Minister for Social Justice and Regeneration
 Purpose: To present the Welsh Assembly Government’s response to the Social Justice and Regeneration Committee’s report on Youth Homelessness

Responses to the report’s recommendations are set out below:

The Committee recommends that:

1. Within the context of the Beecham Review agenda, the Welsh Assembly Government should ensure, through its homelessness strategy and by monitoring the level and extent of service provision, that the extent and quality of service provided to young homeless people is consistent across Wales and that it is available where it is needed.

Local authorities should be given support and guidance to establish regional partnerships to deliver effective services for homeless young people.






Response

I accept this recommendation. The Welsh Assembly Government fully supports the direction of this recommendation, which aligns with our policy framework, ’Making the Connections: Delivering Beyond Boundaries’.

The Welsh Assembly Government currently monitors the planning of local services for homeless people through our progress visits to local authorities. Local authorities are responsible for planning services with partners, and for prioritising resources to meet local needs. We expect local authorities to incorporate planning of services for young people threatened with homelessness into their local housing strategies, and we will review them in due course to check if they have done this.

Under the Children Act 2004 (the 2004 Act), duties to co-operate are placed on local authorities and a range of partners to improve the well being of children and young people in each local authority area. Guidance entitled ‘Stronger Partnerships for Better Outcomes’ was issued in July 2006 in respect of these duties which provides guidance on local authorities duties to take the lead in driving forward partnership working that puts in place effective integrated services for all children and young people.

The 2004 Act also requires a local authority to prepare with their partners and publish a Children and Young People’s Plan (CYPP), setting out their strategy for discharging their functions in relation to children and young people. Planning guidance has been issued for consultation from March to the end of May and subject to responses planning regulations come into force on 31 July 2007.  

Consideration of CYPPs and annual reviews, once they are fully in place, should enable the consistency and effectiveness of services to homeless young people to be measured in each local area and across Wales. Plans for a single collaborative inspection process for Partnerships and Plans that are being developed by the main inspection bodies, CSIW, ESTYN, HIW and The Wales Audit Office will underpin the regulation of provision.

Partnerships are encouraged to consider collaboration with other service bodies or partnerships at regional level. Guidance emphasises statements in ‘Making the Connections: Delivering Beyond Boundaries’ that joint working at national and regional level is necessary to ensure service quality and efficiency and that some specialist services can be provided most effectively where there is a critical mass of service users.
The Welsh Assembly Government is promoting regional partnership working between local authorities, including regional co-ordinators, and we will be giving further encouragement to this through our grant programmes and planning guidance.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

2. The Welsh Assembly Government, local authorities and the voluntary sector should work in partnership to simplify the current complex system of access to and information about the services available to young homeless people.

Response

I accept this recommendation. The Welsh Assembly Government regards partnership working as essential to the delivery of all public services in Wales, particularly to vulnerable young people. The provision of advice and information is principally a local matter for which we provide support. Partnerships for the planning of children and young people services and housing services provide the local context for removing duplication and improving coordination across all services, including information provision


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.


The Committee recommends that:

3. The Welsh Assembly Government should assess the need for and, where necessary, provide adequate funding for dedicated homelessness services for young people.  

Response

I accept this recommendation. The Welsh Assembly Government is supporting the provision and development of homelessness services for young people, although it must be recognised that the duty to plan services and prioritise resources rests with local authorities. Local authorities have responsibility for assessing the need for homelessness services in their areas. There is a range of services such as family mediation and bond services for young people which we currently fund, but we will review the need for further investment in the light the review of current provision by local authorities through their local housing strategies. CYPP planning requires a single integrated process of assessment of need and mapping of current service provision that will underpin priority setting and decisions on joint commissioning and funding. Partnerships will be able to assess need and opportunities to pool funding for homelessness services for young people through this and the Health, Social Care and Wellbeing planning arrangements.
.  


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.






The Committee recommends that:

4. The Welsh Assembly Government should issue guidance to local authorities on ‘joined up’ working on all aspects of youth homelessness both within the local authority and with external partners to increase the amount of cross departmental and multi agency working and improve the service provided to young homeless people.  

Response

I accept this recommendation. The Welsh Assembly Government strongly supports joined-up working to address all aspects of youth homelessness. This is being addressed through our current National Homelessness Strategy. It is already reflected in our statutory guidance for local authorities, and we will review the need to strengthen this guidance.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.


The Committee recommends that:

5. The Welsh Assembly Government, local authorities and the voluntary sector should involve service users in all aspects of planning and policy making for services for homeless young people.

Response

I accept this recommendation. The involvement of service users is a fundamental expectation on the planning of all public services in Wales, as set out in the Welsh Assembly Government’s ‘Making the Connections’. This is expected of local authorities and their partners in planning homelessness services within the statutory Code of Guidance. We have already published research on involving service users, and are currently supporting the development of good practice and further guidance on this area.
The Assembly Government is committed to implementing the UN Convention on the Rights of the Child. As a consequence of this, guidance under the 2004 Act specifies that children and young people must be able to participate effectively in decisions about the planning and provision of services affecting them.
Partnerships and partner agencies must make necessary arrangements for effective participation in all relevant aspects of their work, including the planning process.  The Children and Young Persons Plan and annual review must report on the issues raised by children and young people and responses made to them.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.





The Committee recommends that:

6. The Welsh Assembly Government should develop a pathways approach for children and young people who are identified by Social Service Departments, Youth Offending teams or Voluntary sector organisations as being potentially vulnerable as they grow up. These pathways should be designed to try to ensure that the individual child or young person has the best chance possible of leading a fulfilling life in mainstream society.

Response

I accept this recommendation. The Welsh Assembly Government recognises the need to identify vulnerable young people to prevent homelessness and other aspects of social exclusion. I will discuss with my Cabinet colleagues how this can be taken forward. Current legislation already makes provision for pathways for care leavers and children with special educational needs for example, but arrangements are inconsistent. There may be scope for drawing together arrangements in future using new powers from the Government of Wales Act.

Local authorities Social Services Departments already have responsibility for identifying and addressing the needs of ‘children in need’ as required under s17 of the Children Act 1989. Children in need are entitled to an assessment of their needs under the Framework for the assessment of Children in Need and their Families issued by the Welsh Assembly Government in 2001. The complexity or severity of the child's needs will determine the level and detail of the plan for the child.  Guidance on the Assessment Framework sets out the responsibilities of various agencies in the assessment process.

The Welsh Assembly Government is currently developing and piloting an electronic Common Assessment Framework (CAF) for use by all those in the statutory, independent and voluntary sectors who work with children, young people and their cares.  Based on the Assessment Framework it will allow for earlier identification of need and intervention, improve joint working and communication through shared assessments and a more co-ordinated response.

The pathways approach for vulnerable children and young people recommended in the report is consistent with one of the Deputy Minister's proposals in the Child Poverty Implementation Plan which calls for the establishment of a "Dignity for Children" programme. We will look to further develop this proposal in our third term.


Financial Implications – These will have to be considered in discussions with Cabinet colleagues.




The Committee recommends that:

7. The Welsh Assembly Government should issue guidance on the conducting of reviews at key points in the life of a young person identified as vulnerable. These reviews should be multi-agency and should be used to identify potential crisis points in the young person’s life as well as the specific support and help needed by the young person.  

Response

As 6 above, I accept this recommendation.


Financial Implications- These will have to be considered in discussions with Cabinet colleagues



The Committee recommends that:

8. The Welsh Assembly Government should require (rather than encourage) all local authorities in Wales to provide high quality, effective mediation services which are readily available to homeless and potentially homeless young people.

Response

I accept this recommendation. The Welsh Assembly Government is actively supporting and promoting the provision of high-quality mediation services to prevent homelessness across Wales. We currently fund mediation services for young people and their families as part of a preventative approach. We are currently promoting the development of services through the National Homelessness Strategy, with funding and dissemination of a toolkit through the Good Practice Grant programme. Mediation is now being used in most areas to support homelessness prevention.
Family Group Conferences are also a useful intervention tool that can resolve problems within families at an early stage. The Welsh Assembly Government is supporting the development of a Resource Kit for Family Group Conferences which should be available later this year.
I will investigate how the recommendation could be achieved and consider the implications.

Financial Implications – these will need to be considered further as part of my investigations into this issue.
The Committee recommends that:

9. The Welsh Assembly Government should monitor and evaluate the success of mediation services provided for homeless young people in Wales on an ongoing basis to ensure that the high level of success is being maintained.

Response

I accept this recommendation. The Welsh Assembly Government is encouraging the evaluation of all homelessness prevention services through good practice advice, grant funding, and the introduction of a new prevention indicator which will support more consistent evaluation. We will work with local authorities and voluntary sector partners to promote monitoring and evaluation of mediation services, and require this where we provide grant funding.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

10. The Welsh Assembly Government should identify good practice in the dissemination of information about homelessness service for young people and should ensure that this good practice is shared amongst local authorities and the voluntary sector.

Response

I accept this recommendation. The Welsh Assembly Government fully supports the promotion and dissemination of good practice on homelessness services across Wales. This is currently happening through our Good Practice and other grant schemes.  For example, we funded the Shelter Cymru Peer Learning Project for young people through a Social Housing Management Grant. Through our homelessness grant programme we are funding outreach work, education activities, advice and information services and many other projects targeted at young people, all of which disseminate information on good practice. We are promoting awareness of this good practice through our website, conferences and our local authority network, but we will extend the range of this dissemination to include other services for young people.



Financial Implications – None. Any additional costs will be drawn from existing programme budgets.





The Committee recommends that:

11. Local authorities in Wales should explore using innovative solutions for dealing with homeless young people under the age of 18; for example, the Swansea model which uses the Children’s Act rather than homelessness legislation.


Response

I accept this recommendation. The Welsh Assembly Government is encouraging the use of innovative solutions through its homelessness grants programme, guidance and research. Some authorities already have arrangements for referral of homeless young people for assessments under s17 of the Children Act. Both homelessness and Children’s legislation can be used together to address the needs of vulnerable young people, and it is essential that housing and social services departments are joined-up to use the legislation appropriately.

Social services departments have a duty under section 20(3) of the Children Act 1989 to accommodate any child in need aged 16 and 17 whose welfare is likely to be seriously prejudiced without the provision of accommodation.  At the same time Housing Authorities are required under Housing legislation to secure accommodation for people who are homeless, eligible for assistance and in priority need.  Homeless young people may frequently come to the notice of both housing and social services and will need to be assessed to establish whether they should be provided with accommodation.  There is a danger that in these circumstances young people may be passed from one agency to another and it is important therefore that joint protocols are agreed between housing and social services in the matter of how and by whom they are to be assessed. We will be issuing guidance on this in the revised Code of Guidance later this year.




Financial Implications –. None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:


12. Local authorities in Wales should review the application of homelessness legislation to homeless young people aged under 25 and seek to involve as many local authority departments and outside agencies as is appropriate in their care.

Response

I accept this recommendation. The Welsh Assembly Government expects local authorities to review their practices to ensure joined-up services for young people, using our statutory guidance on homelessness. This should be reflected in their planning processes on homelessness, housing, social care and wellbeing, and in planning for children and young people. Local authorities have a corporate responsibility to address the needs of children and young people who are at risk of social exclusion. To this end there should be effective joint working corporately and with others to ensure children and young people make the best of their life chances


Financial Implications – none.  



The Committee recommends that:

13. The Welsh Assembly Government should review the application of the housing options approach to people under the age of 25 and require local authorities to have a cross-sectoral approach to dealing with them.

Response

I accept this recommendation. The Welsh Assembly Government is keen to support cross-sectoral approaches to homelessness, involving the public, private and voluntary sectors, as well as other services such as health and employment. Cross-sector working is a central theme within the National Homelessness Strategy and ‘Making the Connections’. We are working across all our policies to promote joined-up services, as described in 12 above.



Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

14. The Welsh Assembly Government should revise their Homelessness Strategy and guidance to local authorities to reflect the evidence that the private rented sector is not always an appropriate housing option for homeless young people. They should work closely with private landlords to ensure that any accommodation used to house homeless young people is appropriate.

Response

I accept this recommendation. The Welsh Assembly Government recognises that no one sector will be able to meet the needs of all the community, and that a diversity of provision is required. Our current strategy and guidance acknowledges that the suitability of the private rented sector as a housing option should reflect individual circumstances. The Private Rented Sector represents 38% of the rented sector in Wales, in some circumstances it offers the right accommodation in the right place where this can not be matched in the social rented sector. We have created a Private Rented Sector Working Group as part of the delivery of the National Homelessness Strategy Action Plan. This group will recommend areas where progress can be made to secure good quality housing options in the private sector.  In many areas the private rented sector is often the only option to enable homeless families and young, single people to remain within their communities and close to support networks.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets



The Committee recommends that:

15. The Welsh Assembly Government should examine the principles by which young people are declared intentionally homeless and issue guidance to local authorities to ensure that unfairness and inequalities do not occur

Response

I accept this recommendation. The Welsh Assembly Government recognises the concerns relating to the intentionality provisions in the legislation when applied to vulnerable young people. The Welsh Assembly Government has existing statutory guidance on the application of homelessness legislation which expects authorities to minimise intentional homelessness decisions within a fair application of the law. This guidance will be strengthened to make clear that the vulnerability of young people should be taken into account in the assessment of intentionality.


Financial implications – None. Any additional costs will be drawn from existing programme budgets.




The Committee recommends that:

16. The Welsh Assembly Government should explore with its colleagues in Westminster, gaining the powers to change legislation in Wales as regards intentionality to enable Welsh local authorities to have the same requirement as those in Scotland in relation to people aged under 25 (i.e. not to have to test for intentional homelessness

Response

I accept this recommendation. The Welsh Assembly Government believes that any proposed extension of homelessness legislation will need careful consideration before enactment in order to ensure that it can work effectively to meet its objectives. I will examine this recommendation prior to reaching a conclusion. We will need to take account of the capacity of local authorities to meet any additional duty.

Financial Implications – None identified at this stage, but this will require further consideration.



The Committee recommends that:

17. The Welsh Assembly Government should continue to pursue with the UK government the granting of powers to suspend the right to buy scheme in Wales

Response

I accept this recommendation. The Welsh Assembly Government is fully committed to seeking more devolved powers to restrict the right to buy. The Assembly Government will consider using its enhanced powers through a legislative competency order to deliver this commitment


Financial Implications – None identified at this stage, but this will require further consideration.



The Committee recommends that:

18. The Welsh Assembly Government should provide full support to local authorities to ensure that any stock transfer agreements include a contractual obligation to the provision of housing for vulnerable groups.

Response

I accept this recommendation. The Welsh Assembly Government considers it essential that local authorities put in place robust contractual arrangements to ensure that they can meet their continuing their duties to homeless people. All transfer associations will be subject to the regulatory Code for Registered Social Landlords which sets out clear expectations of duties to vulnerable people and co-operation with local authorities. In addition all transfer agreements must set out the criteria for local authority nominations etc. This forms part of the Welsh Assembly Government assessment of transfer proposals.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

19. The Welsh Assembly Government should support and encourage all local authorities in Wales to phase out the practice of using bed and breakfast accommodation for homeless people under the age of 25 for more than 2 to 6 weeks.

Response

I accept this recommendation. The Welsh Assembly Government is committed to ensuring that local authorities minimise their use of Bed and Breakfast for homeless young people. The use of Bed and Breakfast has fallen significantly (by 33% in a year to the last quarter of available data) since the introduction of Welsh Assembly Government legislation restricting its use and the accompanying provision of Temporary Accommodation Grants to local authorities. The legislation becomes effective from April this year.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

20. The Welsh Assembly Government should carry out research into the number and availability of bed spaces for homeless young people in Wales and consider ways of funding the creation of additional bed spaces

Response

I accept this recommendation. It is important to remember that local authorities have responsibility for identifying needs and planning the delivery of services in their areas. The Welsh Assembly Government supports them to achieve this, and we hold a range of data on the provision of supported accommodation for young people and collect data on the use of temporary accommodation. We currently advise local authorities on the provision of leased property for temporary accommodation and have made over £5 million in Housing Revenue Account Subsidy available to authorities to fund this.

The provision of additional supported housing must be developed through local Supporting People Operational Plans. We are reviewing our data collection systems to ensure we obtain the information we need on local Supporting People provision. The National Homelessness Strategy sets out a clear expectation that these plans are adapted to ensure supported housing is contributing to the prevention of homelessness


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

21. That the Welsh Assembly Government, in partnership with local authorities and the voluntary sector, examines the number of places available exclusively for the use of homeless young people and produces a strategy for increasing these places as and where needed

Response

I accept this recommendation. This is principally a matter for local delivery with support from the Welsh Assembly Government. We expect local authorities to review the support needs of young people within their Supporting People Operational Plans, and prioritise provision accordingly. We have funded the appointment of a co-ordinator for the local authority homelessness network to promote good practice in planning to meet local needs. There will be some redistribution of Supporting People resources following the work of the formula review, which will allow new opportunities for development of services in under-resourced areas.

Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

22. The Welsh Assembly Government should work with the voluntary sector to identify good practice in the provision of supported accommodation for young homeless people. It should use that good practice to produce a strategic model for the provision of supported accommodation for young homeless people across Wales.

Response

I accept this recommendation. The Welsh Assembly Government fully supports the promotion and dissemination of good practice to tackle homelessness. We currently fund a range of good practice work in supported housing, for example we currently fund within the Good Practice Grants programme a pilot project developing a tool to measure soft outcomes such as the development of self-esteem in service users. This is being developed by the voluntary sector provider Solas.

The development of a single strategic model which could be applied in all cases would be unlikely to reflect local variation. However, we currently support the development of local strategy through a range of mechanisms including funding the development of self assessment toolkits for Supporting People strategy teams through the WLGA, and funding for the local authority homelessness network co-ordinator. We are also funding research into the most appropriate forms of accommodation for vulnerable young people, and this should be completed by the end of 2007.


Financial Implications – - None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

23. The Welsh Assembly Government to investigate the use of its new powers after May 2007 to introduce a Welsh short tenancy system, similar to the Scottish system of shorthold tenancies



Response

I accept this recommendation. The Welsh Assembly Government broadly supports the recommendations emerging from the Law Commission’s review of tenure law. We have initiated a working party to look in detail at the issue of tenure in supported housing and are investigating the development of Welsh legislation to implement the recommendations of the Law Commission following their tenure review.


Financial Implications – None. Any additional costs will be drawn from existing programme budgets.



The Committee recommends that:

24. The Welsh Assembly Government continue to make the strongest representations to the UK government to end the Single Room Rent restriction.

Response

I accept this recommendation. The Welsh Assembly Government shares the Committee’s concern’s regarding the Single Room Rent restriction. Representations have already been made and will continue to be so. Under the new Local Housing Allowance the DWP plan to replace the Single Room Rent restriction with a shared room rate which we understand will be more generous, and the application of the new scheme will need to be carefully monitored to assess its impact on young homeless people.


Financial Implications – None.

The Committee recommends that:

25. The Welsh Assembly Government to investigate the use of its new powers from May 2007 to provide additional funding to young people under the age of 25 to supplement the Single Room Rent. This should be seen as an interim measure and the Welsh Assembly Government should continue to strongly urge their colleagues in Westminster to amend primary legislation.

Response

I accept this recommendation. As stated the Welsh Assembly Government shares your concerns regarding the impact of the Single Room Rent restriction on young people and their ability to find affordable accommodation. I will investigate this proposal but I am doubtful that we will have the powers to do this. Further investigation will need to take account of the impact of the introduction of the Local Housing Allowance, as referred to above.

Financial Implications – Financial Implications- None identified at this stage but this will require further consideration.




The Committee recommends that:

26. That the Welsh Assembly Government continues discussions with their colleagues at the Department of Work and Pensions on ways to address the anomalies in the benefits system which affect homeless young people in Wales

Response

I accept this recommendation. These discussions are present and ongoing. The welfare benefits system is not devolved. The single Room Rent is affected by HB Reform proposals currently being considered by Parliament and part of much larger benefit reform bill.


Financial Implications – None.



The Committee recommends that:

27. The Welsh Assembly Government should urgently review its policy and guidance for care leavers. It should require local authorities, working in partnership with the voluntary sector, to produce, implement and monitor individual support plans for all young people leaving care



Response

I accept this recommendation. The Welsh Assembly Government is committed to tackling inequalities in housing and other areas in regard to care leavers. In that context I will discuss this recommendation with my Cabinet colleagues.

SJR officials are working with Health and Social Care on reviewing the need for a stronger planning framework for children in need including care leavers in the light of the Green Paper in England, and a consultation paper on this is likely to be issued during 2007. The Children (Leaving Care) Act 2000 and associated statutory guidance provides for all looked after children to have a personal adviser and a Pathway Plan by their sixteenth birthday.  The Pathway Plan is informed by an assessment of need and extends existing assessment and planning requirements to cover the child's transition to adulthood.  The plan is subject to regular review irrespective of whether the child remains looked after or has left care.  The Act provides for continuation of the plan and contact by the personal advisor until the young person reaches the age of 21 or age 24 where supported in higher education or training.  The authority should involve others as appropriate in the Pathway Planning process where they are involved in contributing to elements of the Plan. Pathway planning should be holistic in its approach addressing self care, practical and inter-personal skills. SJR and H& SC officials are working to promote good practice in ensuring that housing needs are addressed as part of the pathway planning process.


Financial Implications –. None identified at this stage but this will require further consideration.



The Committee recommends that:

28. The Welsh Assembly Government should explore ways of providing additional funding for specific homelessness GP services and should encourage more GPs in Wales to use the GP contract to provide enhanced services to homeless young people

Response

I accept this recommendation. The Welsh Assembly Government is determined to improve access to health services for homeless people, and I will discuss this recommendation with my Cabinet colleagues.

The GP contract is already very well funded. We have invested an additional £120m over the first three years of the contract. We expect these resources to enable full access to GP services for all vulnerable groups, including young homeless people. Some £34m will be paid to LHBs for enhanced services this financial year that were introduced with the new contract. LHBs are responsible for the provision of general medical services in their area and must decide whether to provide the enhanced service for homeless people based on local need. All homeless people have a right to a GP service, and we need to ensure that GPs are meeting their obligations within existing resources. The new Health and Homelessness Facilitator post will enable the Welsh Assembly Government to look at the health of young homeless people in a much broader, holistic and joined-up manner. Through the work of this post and contacts with outside bodies such as the BMA we will promote good practice to ensure all young homeless people have access to a GP.


Financial Implications –. None identified at this stage but this will require further consideration.




The Committee recommends that:

29. The Welsh Assembly Government should work with rural local authorities and the voluntary sector to address the problems of homelessness in rural areas and seek innovative solutions to them.


Response

I accept this recommendation. Rural homelessness is specifically identified within the National Homelessness Strategy, through which this recommendation will be delivered. We have already commissioned research and sponsored a conference on this aspect of homelessness, and a good practice note will be issued later this year.



Financial Implications – None, any additional costs will be drawn from existing programme budgets