Being forced to leave home

A child or young person who is in conflict with her/his parent(s) may be forced to leave home. The legal position in this situation is complex. If the child or young person is aged under 16, a parent has a responsibility to provide her/him with care and accommodation. In effect, a child or young person is granted a licence to occupy the home by her/his parent(s). If this is withdrawn s/he has no right to remain there. However, in practice the parental duty to care for a child or young person overrides this.

If a child or young person aged under 16 is forced to leave home, the local authority social services department is likely to intervene if it becomes aware of what is happening. The local authority may want to discuss with the parent(s) the services it could provide to enable the child or young person to stay at home. If this is not possible, the local authority may try to find a relative to look after the child or young person or may offer to accommodate her/him. If the child or young person appears at risk of suffering significant harm, the local authority may consider taking her/him into care.

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