Can Care Leavers Be Found Intentionally Homeless?
Last updated: 8 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: Can care leavers be found intentionally homeless? Since 30 September 2026, not if they're covered by the new rule. Section 191 of the Housing Act 1996 now says a relevant child, or a former relevant child under 25, doesn't become homeless intentionally. So a council in England can't use that reason against them.
Key facts | Detail |
What changed | Care leavers covered by the rule can't be found to have become homeless intentionally |
In force from | 30 September 2026 |
Where it applies | England. The government's homelessness guidance is about young people looked after by a council in England. Wales has its own homelessness law, the Housing (Wales) Act 2014 |
The law | Housing Act 1996 section 191(1ZA), (1B) and (1C), added by section 9 of the Children's Wellbeing and Schools Act 2026; SI 2026/803, regulation 6(c) |
Who it affects | Relevant children, and former relevant children under 25, as defined by the Children Act 1989 |
Source checked | 8 November 2026 |
What was the law before?
A council could find anyone intentionally homeless, care leavers included. The test is still there for everyone else. It asks whether you deliberately did, or failed to do, something that made you lose a home which was available to you and which it was reasonable to stay in. The government's guidance gives examples such as being evicted for anti-social behaviour, or refusing, wilfully and persistently, to pay the rent.
That finding matters a great deal. If you're in priority need but homeless intentionally, the council only has to house you for long enough to give you a reasonable chance of finding somewhere yourself. The guidance says a few weeks may be enough, though some people need longer. You don't get the main housing duty.
What changed, and when?
Section 9 of the Children's Wellbeing and Schools Act 2026 added new wording to section 191 of the Housing Act 1996. It came into force on 30 September 2026, under SI 2026/803. A person doesn't become homeless intentionally if they fall into one of the listed cases, and care leavers are now two of those cases:
a relevant child, within section 23A(2) of the Children Act 1989, and
a former relevant child, within section 23C(1) of that Act, who is under 25.
Those labels aren't everyday words, so here's how the homelessness code of guidance puts it. You must have been looked after by a council in England for at least 13 weeks in total. That time must have started after you turned 14 and must include at least one day after you turned 16. And you must no longer be looked after.
Timing can catch people out. The new rule doesn't apply to a homelessness application made before 30 September 2026, unless the council hadn't yet decided whether you were eligible and what duty you were owed. The guidance adds that the thing which caused your homelessness has to have happened on or after 30 September 2026, and you must have been covered by the rule at that point. If the cause came before then, the old test can still apply, even if you only lost your home later.
The rule also covers the main housing duty once it's running. If a council is already housing you under section 193, it can't say you've become intentionally homeless from that accommodation either.
On 5 November 2026 the government announced a Care Leaver Homelessness Reduction Action Plan. That's a plan setting out what it expects from councils, with some funding attached. The legal change is the one in section 191, and it's already in force.
Care leaver covered by the rule | Before 30 September 2026 | Now |
Deliberate act that caused homelessness | Could be found intentionally homeless | Can't be found intentionally homeless |
In priority need, not rehoused during the relief stage | Might only get short-term accommodation | The main housing duty can apply, if the other tests are met |
Still has to be eligible and homeless | Yes | Yes |
Care leavers and intentionally homeless decisions: what does this mean for you?
If you've left care and you're losing your home, go to the council's housing team early. You count as threatened with homelessness if you're likely to lose your home within 56 days. Tell them straight away that you're a care leaver, and which council looked after you. Then tell your personal adviser. The guidance expects housing teams and leaving care teams to work together, and your adviser can help with your housing assessment if you agree.
Here's what you can expect from the council:
An assessment of why you're homeless, what housing you need and what support would help you keep a home.
A personalised housing plan, listing the steps you and the council will each take.
Help to prevent or end your homelessness, usually for up to 56 days at each stage. These duties apply whether or not anyone thinks you're intentionally homeless.
Interim accommodation, if the council has reason to believe you may be homeless, eligible and in priority need.
Priority need depends on your age. If you're 16 or 17 and a relevant child, you're not in the priority need group for your age, because your support comes through children's services under the Children Act 1989, so speak to them first. If you were looked after at 16 or 17, you're in priority need at 18, 19 and 20, whether or not you're getting leaving care services. From 21 the council has to decide whether you're vulnerable because you've been in care. The council should look at how long you were in care, why, how long ago you left and who you've got around you.
For example, say a young woman of 20 left foster care at 18 and has now been evicted from her flat because she stopped paying the rent. Under the old test the council could have called that deliberate. If she stopped paying on or after 30 September 2026 and she's within the rule, it can't. She's also in priority need, because she's 20 and was looked after at 16 or 17, so the question moves on to where she can live and what support will stop it happening again.
Now take a young man of 23 in the same position. The intentional homelessness test can't be used against him either, but he isn't automatically in priority need. The council would need to decide whether he's vulnerable because of his time in care, unless he's in priority need for another reason, such as having children living with him. So the new rule helps a lot, but it isn't the whole answer.
It's also worth saying what the rule doesn't do. You still have to be eligible and homeless, or about to be. The council can still pass your case to another area if you've no local connection with that council but do have one elsewhere, although young care leavers have a local connection with the area of the council that looked after them. And the main housing duty can end in other ways, for example if you turn down a suitable offer after being properly warned, or you choose to move out.
The accommodation has to suit you, too. The guidance says bed and breakfast isn't suitable for care leavers under 25, other than in exceptional circumstances and for short periods. If the housing route fails, children's services may still be able to help with accommodation under section 23C(4)(c) of the Children Act 1989, if you're a former relevant child, there's no other option and your welfare requires it. So keep your personal adviser in the loop.
Who does it affect?
It mainly helps young people who spent time in care, whether that followed care orders or a voluntary arrangement. It's also useful for anyone supporting them: foster carers, relatives, older brothers and sisters, and the parents who stayed in touch through contact with children in care.
Not every young person who grew up away from home is covered. If a child went to live with a relative and wasn't looked after by a council, the rule won't apply. The same goes for a child who left care under a special guardianship order before turning 16, because the time in care has to include a day after 16. If that's your family, it's worth reading about support for kinship carers, and asking the council what help is on offer.
A young person outside the rule can still be found intentionally homeless, but the guidance tells councils to think about age, maturity, mental wellbeing and history, including time in care or custody, when deciding whether something was really deliberate. Earlier help matters here. A family group conference or an early referral to children's services can sometimes stop a family reaching that point at all.
If you've had to leave because of abuse, tell the council that too. You may be in priority need for that reason, and you can read about what a women's refuge is and whether you can stay in one.
What if the council still says you're intentionally homeless?
Ask for a review. Under section 202 of the Housing Act 1996 you've got 21 days from being told the decision, and the council can allow longer in writing. You don't have to give your reasons when you ask, but it helps to say that you're a care leaver and when you became homeless. If an officer does the review, they must be more senior than the officer who made the first decision and can't have been involved in it. You should usually get the result within eight weeks for a decision about what duty you're owed. The council can choose to keep housing you while the review runs, so ask about that as well.
If you're unhappy with the review, you can appeal to the county court on a point of law, usually within 21 days. That's a housing appeal and it's separate from any family court case. GOV.UK lists homelessness and losing your home as problems where you might be able to get legal aid, so ask about that early.
Frequently asked questions
What does intentionally homeless mean?
It means a council has decided you deliberately did, or failed to do, something that made you lose a home you could reasonably have stayed in. Since 30 September 2026 that finding can't be made against care leavers covered by section 191 of the Housing Act 1996.
What is a former relevant child?
It's a legal term from section 23C(1) of the Children Act 1989 for a young person who has left care and whose council still has leaving care duties towards them. For the homelessness rule, they must be under 25.
Do care leavers automatically get a council house?
No. The rule removes one reason for refusing help. You still need to be eligible, homeless and in priority need for the main housing duty, and the council can meet that duty in different ways, including an offer of a private tenancy.
I'm 25 or over. Does the rule apply to me?
Generally not, because the rule covers former relevant children under 25. The guidance looks at whether you were covered when the thing that caused your homelessness happened, so if you were under 25 then, tell the council. Otherwise it can still consider intentional homelessness, but it has to look at your circumstances when deciding whether something was really deliberate. You may still be in priority need if your time in care has left you vulnerable.
Does this apply in Wales?
Not directly. Section 9 changes section 191 of the Housing Act 1996, and the guidance on it covers people looked after by a council in England. Wales has its own homelessness law, with its own rules on intentional homelessness, in Part 2 of the Housing (Wales) Act 2014. If you live in Wales, ask your local council or a housing adviser how they apply to you.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. We can help you understand family court papers, get your documents in order and prepare for hearings, including care cases and special guardianship. Housing decisions are a separate area of law, so for a homelessness review we'd point you towards a housing adviser or solicitor. Email help@incourt.co.uk or use the contact form on our website. You can read what our clients say in our Google reviews.
Related guides
Sources
Children's Wellbeing and Schools Act 2026, Part 1, section 9, legislation.gov.uk (checked 8 November 2026)
SI 2026/803, Commencement No. 2 Regulations, regulation 6(c) (checked 8 November 2026)
Homelessness code of guidance, Chapter 9: Intentional homelessness, GOV.UK (checked 8 November 2026)
Homelessness code of guidance, Chapter 22: Young people, including those with care experience, GOV.UK (checked 8 November 2026)
Homelessness code of guidance, Chapter 15: Accommodation duties and powers, GOV.UK (checked 8 November 2026)
Homelessness code of guidance, Chapter 19: Review of decisions and appeals, GOV.UK (checked 8 November 2026)
Overview of the homelessness legislation, GOV.UK (checked 8 November 2026)
Plan to drive down homelessness for young people leaving care, GOV.UK, 5 November 2026 (checked 8 November 2026)
Legal aid: eligibility, GOV.UK (checked 8 November 2026)
Housing (Wales) Act 2014, Part 2, legislation.gov.uk (checked 8 November 2026)
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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