The rights of children aged 16 and 17 who are without a home and parental care

Resources for young people

Aged 16 or 17 and without a home

It can be very lonely, stressful and frightening having to leave home at 16 or 17. Help is available. The law in England is very clear that 16 and 17 year-olds have the right to help and protection – both while they are still legally children, and into their adult lives.

You can find information about your right to a home and to be cared for on rights4children.

Resources for advocates and other professionals

LAW MAP: The rights of children aged 16 and 17 who are homeless and without parental care

Our ‘law maps’ offer bite-sized, accessible information about the law in the context of specific situations. This law map breaks down the key, relevant provisions of the Children Act 1989, and summarises the key messages from the landmark Southwark judgment. In it, you will also find a summary of the key fragments of the statutory guidance relating to children aged 16 and 17 who are without a home and parental care and more. We hope this resource will help you defend the rights of children in these circumstances more effectively.

The Southwark judgment

The landmark 2009 (House of Lords) Southwark judgment clarified and reaffirmed local authority duties towards children aged 16 and 17 who are homeless and without parental care. The judgment held that where a duty under section 20 Children Act arises, it takes precedence over the duties set out in the Housing Act 1996, and confirmed the primacy of the specific duty under section 20 over the general duty under section 17 of the Children Act 1989. This judgment informed a revised version of the statutory guidance that must be followed by local authorities (published in 2010 and last updated in 2018).

Briefing for social workers

Deeply concerned about the treatment of 16 and 17-year-olds without a home and parental care, Article 39 sent a freedom of information (FOI) request to every English local authority. Eight in 10 local authorities were able to provide us with a written local policy setting out how children’s services and housing should respond to 16 and 17-year-olds without a home and parental care. However, a significant proportion of the policies analysed by Article 39 do not clearly or fully communicate local authority duties under the Children Act 1989. This is why we have produced a dedicated briefing for social workers (published November 2024).

Slides from our advocacy clinic (September 2024)

In this resource you will find an overview of the relevant legislation, statutory guidance and domestic case law along with a brief analysis of two scenarios illustrating the circumstances of children aged 16 and 17 who are homeless and without parental care.