132.This section inserts section 108A (duty to ensure that suitable accommodation is available for care leavers) and section 109A (meaning of suitable accommodation) into the Social Services and Well-being (Wales) Act 2014. References below to sections 108A and 109A are references to those inserted sections.
133.Section 108A(2) requires the responsible local authority for a young person, where the young person’s well-being requires it, to take reasonable steps to secure that suitable accommodation (as defined in regulations made under section 109A of the 2014 Act, as inserted by the Act) is available for occupation by the young person during the period of 3 years beginning with the day the young person reaches the age of 18, and in relation to category 3 young persons, during a subsequent period when a duty is owed to the young person under section 110 of the Social Services and Well-being (Wales) Act 2014. This duty applies in relation to a category 1, 2, 5 or 6 young person, and, in the case of a category 1 or 2 young person, the duty continues to apply after the person becomes a category 3 young person.
134.Section 108A(4) requires the responsible local authority for a young person, where the young person’s well-being requires it, to take reasonable steps to secure that suitable accommodation is available for the young person to occupy during the period of 12 months beginning with—
135.Section 108A(3) sets out the categories of young persons the duty applies to. The duty in section 108A(4) continues to apply after the young person ceases to fall within any of these categories where the young person’s well-being requires it.
136.Section 108A(5) provides that accommodation may only be considered as available for a young person’s occupation if it is available for occupation by that young person and anyone with whom that young person may be reasonably expected to live.
137.Section 108A(6) provides that where a young person’s pursuance of education or training is interrupted, this should be disregarded for the purpose of section 108A(3) and (4), provided that the responsible local authority is satisfied that the young person will resume the programme of training or education as soon as is reasonably practicable.
138.Section 109A(2) provides that regulations may make provision about the meaning of “suitable accommodation” for the purposes of section 108A and section 109 of the Social Services and Well-being (Wales) Act 2014. The regulations may make provision by reference to any matter connected to the accommodation (including (among other things) the suitability of the provider of accommodation; the conditions of the young person’s occupation; the nature or standard of the accommodation; and the location of the accommodation) or by reference to the personal characteristics or circumstances of the young person or any person with whom that young person may reasonably be expected to reside.
Commentary on Sections Part 1 - Homelessness Section 22: Duty to ensure young people leaving care have suitable accommodation