Arguably before Covid-19, the implications for children living in a household where at least one parent was perpetrating abuse, were little acknowledged. Covid-19 revealed a pandemic of domestic violence and highlighted the need to consider the wider impacts of such violence on a child’s lived experience. This article will address the correlation between children witnessing or experiencing domestic abuse and youth homelessness.
Youth homelessness has increased by 7.9% in one year. In 2022, it was estimated that more than 122,000 children and young people were living on the streets in the UK, but actual numbers are likely to be higher.[1] What is the relevance of mentioning these alarming statistics?
Experiencing domestic violence as a child is the second largest cause of homelessness for young people (16 – 25 years).[2] In 2021, approximately 10980 young people in the UK became homeless as a result of domestic abuse.[3] These are harrowing figures that clearly show that more needs to be done to support vulnerable children and young people before matters reach a crisis point and they no longer have a place to live.
These young people deserve support and guidance no matter how old they are and where they may come from.
From the statistics alone we can see the alarming reality many innocent children are faced with, but it does not have to be that way. We can help support young survivors of domestic violence by speaking out, reporting, and understanding abuse. Local authorities also have a part to play and power to help under section 20.
Section 20 enables local authorities to provide vulnerable young people with a safe space to live. It seeks to support individuals:
In recent years, social workers have become more confident in seeing it as a tool to protect young people at risk of domestic abuse by applying the following subsections:
(3) Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.
(4) A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.
Subsection (3) above is often a cause for confusion because there is no clear guideline around what constitutes ‘seriously prejudiced’, and the duration of the arrangement is uncertain. In cases of domestic abuse, it may feel as though the ‘safe’ parent is being punished by being asked to sign documentation enabling the arrangement. There is no legal obligation for them to do so but if there is no peaceful agreement then authorities may seek a court order to remove the child and place them in separate accommodation. Therefore Section 20 is often referred to as a “highly contentious voluntary agreement”.
The advantage of Section 20 is that local authorities don’t need to seek approval from the family courts where delays are common. It can therefore be used in emergencies before the situation worsens and can prevent young people from sleeping rough and empower them to make their own decisions regarding where they live.
Hence, Section 20 is an effective and helpful tool in supporting young people despite negative press around its use and allegations of professionals abusing their authority - by taking children away from families and not prioritising their assessments, resulting in some families waiting months, if not years for answers or a reunion.
It is essential to remember that the best interests of the child are the central focus of any of these arrangements, even though some decisions can be upsetting. There must be a weighing up of the risks and benefits to them of remaining in their current situation.
Although statutory support is available, many children fall through the net and do not receive the support they deserve. This is often a result of the stigma around asking for help at an early stage. In Western culture, we tend to intervene and deal with the issue at hand rather than looking to prevent it from arising in the first place. The big question is whether society is doing enough to prevent youth homelessness as a result of domestic violence. In the author’s view, the answer is no - more needs to be done to make the public aware of these provisions and highlight the responsibility of local authorities in cases of domestic violence impacting children and young people.
Children who experience domestic violence are at greater risk of developing long-lasting social and emotional difficulties. Unfortunately, many of these children are frightened and unable to speak about their trauma and don’t know what to do or where to go. This can last for years, stretching far beyond their youth. Many young people feel driven towards drugs and alcohol to suppress the hurt and grief experienced in childhood, often leading to irrational behaviour.
The value of Section 20 and the powers that local authorities have to assist cannot be understated when it comes to finding timely solutions to safeguard a young person and reduce the risk of long-term impacts. Greater knowledge of and use of these provisions and powers would help to ensure that every child and young person has the opportunity to live in a home free from continued abuse or exposure to abuse.
Lisa Maria Elliott1st Year LLB student Queen Mary University of London