Explanatory note
England and Wales
(This note is not part of the Order)
Persons who are homeless or threatened with homelessness may apply to a local housing authority for accommodation under Part 7 of the Housing Act 1996. In considering what duty (if any) is owed to applicants, authorities have to reach decisions on whether applicants have a priority need for accommodation. Section 189(1) of the 1996 Act sets out descriptions of persons who have such a need and this Order adds the following further descriptions in relation to England.
| Article 3: | 16 and 17 year olds other than two categories for whom local social services authorities have responsibility, namely, “relevant children” for the purposes of the Children Act 1989 or children in need to whom a duty is owed under section 20 of that Act. “Relevant children” are 16 and 17 year olds who have been in care but who have left care. |
| Article 4: | those under 21 who were in care between the ages of 16 and 18 but who have left care. An exception is made for “relevant students”, defined in article 1(3). These are care leavers who qualify for advice and assistance from local social services authorities, including assistance with accommodation during vacations. |
| Article 5: | the following who are vulnerable as a result of their backgrounds in institutions— wthose over 21 who have been in care (other than “relevant students”) wthose who have served in the armed forces wthose who have been in prison, detention or custody |
| Article 6: | those who are vulnerable as a result of leaving accommodation on account of violence or threats of violence. |