5 Use of bed and breakfast
56. Transition guidance confirms that
"Bed and breakfast accommodation is not considered to be
suitable".[117]
Statutory guidance to the Children (Leaving Care) Act 2000 qualifies
this by saying "very occasionally its use may be justified
as a short-term emergency measure",[118]
and B&Bs therefore fall within the category of 'other arrangements'.
The DfE does not collect data on the number of looked after 16
or 17 year olds placed in B&Bs, but 22% of looked after 16
and 17 year olds are living in 'other arrangements' (see para
6).
57. Evidence from The Who Cares? Trust
referred to a Passport to Parliament event held in November 2012,
at which 39% of young people said that they "knew a looked
after child or care leaver living in a bed and breakfast".[119]
Just for Kids Law also reported that they "still encounter
many local authorities unlawfully placing 16-17 year olds in bed
and breakfast accommodation […]".[120]
Our informal discussions with young people have provided further
accounts of the continued use of B&Bs for 16 and 17 year olds,
sometimes for extended periods of time. One young person informed
us that she had been living in a B&B for two years. Accounts
of the use of B&Bs are supported by Ofsted's inspection reports
published under the single inspection framework, which identified
that "bed and breakfast accommodation is still being used
in some local authorities".[121]
58. YMCA England argued that B&Bs
leave young people "still vulnerable to exploitation from
others who move into the accommodation", as a result of the
difficulties in monitoring and supervising such accommodation.[122]
Young people told Centrepoint of having had "negative experiences"
in B&Bs,[123] and
young people told us directly of their own experiences of feeling
threatened and scared whilst living in a B&B. One young person
told us of being placed in a B&B as an emergency placement
for three weeks, yet it was primarily for adults and she was the
only young person. She said that other older residents would come
knocking on her door asking her to join them in their rooms, which
was an incredibly frightening experience.
Banning the use of B&Bs
59. Witnesses from YMCA England and
the ICHA supported an outright ban on the use of B&Bs, within
a set time frame.[124]
Catch22 and the Association of Directors of Children's Services
(ADCS) were also supportive, but pointed to the possible negative
implications of introducing such a proposal in the absence of
other provision. Sally Morris, Director of Young People and Families
at Catch22, and Andrew Christie, of the ADCS, explained:
The reality is that there is a need
for emergency, crash-pad accommodation for a very distressed young
person who is in an urgent situation and needs accommodation [Sally
Morris].[125]
[In the absence of such provision]
The alternative could be that [the local authority has] nothing
to provide for that young person [Andrew Christie].[126]
60. As a means to mitigate the unforeseen
consequences of banning B&Bs, witnesses recommended that local
authorities should do more to provide and commission specifically
designed facilities for emergency situations. Professor Mike Stein
recommended:
You need contingency carers [...]
You would have to build up a respite-care system that was regulated
and controlled, to avoid the use of the B&B market [...].[127]
61. The Minister agreed with these views.
He told us:
The temptation [to ban B&Bs]
is there. We need to be a little careful [...] You cannot rule
out the scenario, despite its unacceptability, in every situation,
such as an emergency placement at 11 o'clock at night when there
is literally nowhere else available.[128]
He added:
The way to deal with that is to
make sure that local authorities go back to the commissioning
aspect of their role [...] It is also about how local authorities
can better innovate and find alternative emergency accommodation
that is always available.[129]
The Minister pointed to Wiltshire as
an example of best practice. In this authority "the use of
bed and breakfast accommodation is avoided", largely as a
result of the "host families scheme", which provides
"high quality emergency accommodation across the county while
suitable longer-term options are explored".[130]
62. Local authorities have a statutory
duty to secure a range of sufficient, suitable accommodation for
looked after children.[131]
Care Planning guidance states:
The sufficiency duty requires local
authorities to do more than simply ensure that accommodation be
'sufficient' in terms of the number of beds provided. They must
have regard to the benefits of securing a range of accommodation
through a number of providers. The accommodation must also meet
the needs of the children which will be wide-ranging depending
on age and the nature of any difficulties.[132]
A key implication of the sufficiency
duty is that local authorities should:
facilitate access to limited, surplus
provision or planned standby accommodation-to accommodate emergency
placements; […] [133]
63. A consequence of failing to commission
sufficient accommodation appears to be the overuse of B&Bs,
with YMCA England attributing the use of B&Bs to "a lack
of purpose designed accommodation for [older young people]".[134]
We were advised that a closer regard for the sufficiency duty
by local authorities could mitigate the possible negative consequences
of banning B&Bs. During our inquiry into residential children's
homes, and in relation to out-of-authority placements, we raised
concerns about local authorities' disregard for the sufficiency
duty and argued:
One way of helping local authorities
to meet the sufficiency duty is through the creation of commissioning
consortia.[135]
Providing they are structured in
the right way, there is evidence that commissioning consortia
can offer a valuable way of helping local authorities meet their
sufficiency duties […].[136]
We welcome the Government's work through
the Innovation Programme "to encourage proposals for different
commissioning models and commissioning consortia to effectively
meet the needs of young people in care", which it outlined
in its response to our report.[137]
This is applicable to, and could be significant for, achieving
a reduction in the use of B&Bs for looked after young people.
64. St Basils and Homeless Link identified
strengthened accountability as another means through which the
use of B&Bs could be reduced:
Housing Authorities have to report
to [the Department for Communities and Local Government] on a
quarterly basis the numbers of children aged 16 and 17 who are
placed in B&B under Housing Act duties and any placements
over 6 weeks. This has been instrumental in reducing the use of
B&B for homeless young people […] We recommend […]
that Children's Services should be required to record and monitor
the number of 16 and 17 year olds and under 25s placed in B&Bs
and report these figures to the DfE on a quarterly basis, to mirror
the DCLG reporting cycle for Housing Authorities.[138]
65. Statutory
guidance is clear that B&Bs are unsuitable for young people
in care and should only be used in very particular, emergency
situations. Nonetheless, we are deeply troubled by the continued
use of B&Bs. Far from being merely unsuitable, B&Bs can
present an environment which feels unsafe and threatening to a
young person.
66. We recognise
that a hastily introduced ban on B&Bs could lead to the unacceptable
situation in which no placement can be offered to a young person
who requires emergency accommodation. Nonetheless, an outright
ban on B&Bs should be the long-term objective, to be achieved
through stronger enforcement of the sufficiency duty, which explicitly
requires the provision of surplus placements to meet emergency
need. The creation of commissioning consortia should continue
to be encouraged to assist with local authorities fulfilling this
duty.
67. We recommend that the DfE consult
urgently with local authorities on a reasonable timeframe in which
to introduce a total ban on the use of B&Bs, alongside a strengthened
requirement for local authorities to commission sufficient alternative
emergency facilities. We also recommend that the DfE look further
into models of emergency provision, such as that in Wiltshire,
and consider contingency carers, as one way to mitigate the possible
negative consequences of banning B&Bs. In the meantime, while
setting up and running the consultation, the DfE should reiterate
the message that B&Bs must only be used in extreme, emergency
circumstances and for a very limited period of time, no more than
a few days.
68. The DfE should require local
authorities to report on their use of B&B accommodation for
looked after young people, to include the length of stay, the
age of the young person and the reason for being placed there.
117 Department for Education, The Children Act 1989 Guidance and Regulations Volume 3: Planning Transition to Adulthood for Care Leavers,
October 2010, para 7.12 Back
118
Department of Health, Children (Leaving Care) Act 2000 Regulations and Guidance,
para 14 Back
119
The Who Cares? Trust (16P 12) para 3.6 Back
120
Just for Kids Law (16P 13) para 1.2 Back
121
Ofsted (16P 35) para 10 Back
122
YMCA England (16P 20) para 2.3 Back
123
Centrepoint (16P 7) para 16 Back
124
Q114 Back
125
Q97 Back
126
Q103 Back
127
Q46 Back
128
Q189 Back
129
Q189 Back
130
Department for Education (16P 38) p 3 Back
131
The Children Act 1989, Section 22G Back
132
Department for Education, Children Act 1989 Guidance and Regulations Volume 2: Care Planning, Placement and Case Review,
March 2010, para 3.179 Back
133
Department for Education, Children Act 1989 Guidance and Regulations Volume 2: Care Planning, Placement and Case Review,
March 2010, para 3.182 Back
134
YMCA England (16P 20) para 2.3; see also St Basils and Homeless
Link (16P 19) para 7 Back
135
Sixth Report from the Education Committee, Residential Children's
Homes, HC (2013-14) 716, para 83 Back
136
Sixth Report from the Education Committee, Residential Children's
Homes, HC (2013-14) 716, para 90 Back
137
First Special Report from the Education Committee, Residential
Children's Homes, HC (2014-15) 305, p 15 Back
138
St Basils and Homeless Link (16P 19) para 9 Back
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