Homelessness and Social Housing Allocation (Wales) Act 2026

Prospective

Provision for vulnerable people E+W

22 Duty to ensure young people leaving care have suitable accommodation E+W

(1) The Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows.

(2) After section 108 (pathway assessments and plans: post-18 living arrangements) insert—

“108A Duty to ensure that suitable accommodation is available for care leavers

(1) The duty in subsection (2) applies to—

(a) a category 1 young person;

(b) a category 2 young person;

(c) a category 5 young person;

(d) a category 6 young person;

and, in the case of a category 1 or category 2 young person, the duty continues to apply to the young person (to the extent the duty requires) after the young person becomes a category 3 young person.

(2) If the young person’s well-being requires it, the responsible local authority for the young person must take reasonable steps to secure that suitable accommodation is available for occupation by the young person—

(a) during the period of 3 years beginning with the day the young person attains the age of 18, and

(b) in relation to a category 3 young person, during a subsequent period when there is a duty towards the young person under section 110.

(3) The duty in subsection (4) applies to—

(a) a category 3 young person;

(b) a category 4 young person;

(c) a category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(3);

(d) a former category 5 young person who is receiving full-time further or higher education and to whom the responsible authority may give support under section 114(5);

(e) a category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(4);

(f) a former category 6 young person by virtue of section 104(3)(a) who is receiving full-time further or higher education and to whom the responsible authority may give support under section 115(6);

and the duty continues to apply to the young person (to the extent the duty requires) after the young person ceases to fall within any of paragraphs (a) to (f).

(4) If the young person’s well-being requires it, the responsible local authority for the young person must take reasonable steps to secure that suitable accommodation is available for occupation by the young person during the period of 12 months beginning with—

(a) in relation to a category 3 young person, the day the authority’s duty to the young person under section 110 ends;

(b) in relation to a category 4 young person, the day the authority’s duty to the young person under section 112 ends;

(c) in relation to a category 5 young person, the day the further or higher education, in respect of which support under section 114(3) may have been given, ends;

(d) in relation to a former category 5 young person, the day the further or higher education, in respect of which support under section 114(5) may have been given, ends;

(e) in relation to a category 6 young person, the day the further or higher education, in respect of which support under section 115(4) may have been given, ends;

(f) in relation to a former category 6 young person, the day the further or higher education, in respect of which support under section 115(6) may have been given, ends.

(5) Accommodation may only be regarded as available for a young person’s occupation for the purpose of this section if it is available for occupation by that young person together with any other person who might reasonably be expected to reside with the young person.

(6) Any interruption in a young person’s pursuance of a programme of education or training is to be disregarded for the purpose of subsections (3) and (4) if the responsible local authority is satisfied that the young person will resume the programme as soon as is reasonably practicable.”

(3) In section 109 (support for category 2 young people), omit subsection (3).

(4) After section 109 insert—

“109A Meaning of suitable accommodation

(1) Regulations may make provision about the meaning of “suitable accommodation” for the purposes of section 108A and 109.

(2) Regulations under subsection (1) may make provision by reference to—

(a) any matter connected to the accommodation, including (among other things)—

(i) the suitability of providers of accommodation;

(ii) the conditions of occupation;

(iii) the nature or standard of accommodation;

(iv) the location of accommodation;

(b) the personal characteristics or circumstances of a young person to whom section 108A or 109 applies or any person with whom the young person might reasonably be expected to reside.”

Commencement Information

I1 S. 22 not in force at Royal Assent, see s. 43(2)

23 Protocol for handling cases involving care leavers etc. E+W

(1) Section 95 of the 2014 Act (co-operation) is amended as follows.

(2) In subsection (1)(d), after “Part” insert “and, in relation to persons who are homeless or at risk of becoming homeless, the Social Services and Well-being (Wales) Act 2014 (anaw 4) (“the 2014 Act”)”.

(3) After subsection (1) insert—

“(1A) The arrangements under subsection (1) must include a protocol for handling cases involving—

(a) persons aged 16 or 17 who are homeless or threatened with homelessness;

(b) the accommodation and support needs of care leavers;

(c) the accommodation and support needs of care leavers and persons aged 16 or 17 leaving youth detention accommodation, prison or approved premises.

(1B) In subsection (1A), “care leavers”—

(a) means persons falling within any of the categories of young person entitled to support under any of sections 105 to 115 of the 2014 Act (see section 104 of the 2014 Act), and

(b) in paragraph (c), it includes persons who would be so entitled were it not for sections 185 and 186 of the 2014 Act.”

Commencement Information

I2 S. 23 not in force at Royal Assent, see s. 43(2)

24 Protocol for handling cases involving persons in particular need of support E+W

(1) Section 95 of the 2014 Act (co-operation) is amended as follows.

(2) After subsection (1B) (inserted by section 23(3)) insert—

“(1C) A local housing authority in Wales must make arrangements to promote co-operation between itself and such persons mentioned in subsection (1D) that exercise functions in the authority’s area as it considers appropriate with a view to achieving the following objectives in its area—

(a) the prevention of homelessness,

(b) that suitable accommodation is available for persons who are or may become homeless,

(c) that satisfactory support is available for persons who are or may become homeless,

(d) effective case co-ordination by persons mentioned in subsection (1D) regarding persons who are or may become homeless and who may also be in particular need of other support, and

(e) effective discharge of its functions under this Part.

(1D) The persons are—

(a) the persons mentioned in subsection (5);

(b) any other public authority with functions which are capable of contributing to the achievement of any of the objectives mentioned in subsection (1C);

(c) any voluntary organisation or other person whose activities are capable of contributing to the achievement of any of those objectives.

(1E) The arrangements under subsection (1C) must include a protocol for handling cases involving persons who are or who may become homeless and who may also be in particular need of other support or services, including in particular support or services required in connection with—

(a) leaving prison or youth detention accommodation;

(b) leaving the regular armed forces of the Crown;

(c) misusing drugs and other substances;

(d) mental health.”

Commencement Information

I3 S. 24 not in force at Royal Assent, see s. 43(2)

25 Protection of property: prisoners E+W

In section 93(1) of the 2014 Act (protection of property), after “subsection (2),” insert “or would have become subject to the duty in section 75 in respect of an applicant but for section 75(7) applying,”.

Commencement Information

I4 S. 25 not in force at Royal Assent, see s. 43(2)

26 Duty to provide information, advice and assistance: detained persons E+W

In section 60 of the 2014 Act (duty to provide information, advice and assistance in accessing help)—

(a) in subsection (1), after “connection with its area” insert “(including, in particular, persons detained under the authority of an enactment who are in its area or have a local connection with its area)”;

(b) in subsection (4), in paragraph (a) after “people” insert “in, or people”.

Commencement Information

I5 S. 26 not in force at Royal Assent, see s. 43(2)

27 Definition of “abuse” E+W

For section 58 of the 2014 Act (meaning of abuse and domestic abuse) substitute—

“58 Definition of abuse

In this Chapter, “abuse” means—

(a) domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021 (c. 17), or

(b) any other kind of abuse that, directly or indirectly, may give rise to a risk of harm, including (for example)—

(i) exploitation within the meaning of the Modern Slavery Act 2015 (c. 30);

(ii) harassment or stalking within the meaning of those expressions in the Protection from Harassment Act 1997 (c. 40).”

Commencement Information

I6 S. 27 not in force at Royal Assent, see s. 43(2)