Council protocols for dealing with homeless 16 and 17-year-olds are not complying with the law and are failing young people, according to a report.

Research done by the umbrella-group Law Centres Network showed councils did not clearly indicate in their protocols social services are the lead authority for homeless 16 and 17-year-olds.

They also showed 7 per cent advocated the use of bed and breakfast accommodation for this age group ‘as a matter of course’.

Statutory guidance published by the government in April 2010 stated children’s services should be the lead agency with regard to assessing and meeting the needs of homeless 16 and 17-year-olds.

It also said it was ‘essential’ for councils to have a joint protocol between housing and social services, the protocols should stop young people being ‘passed from pillar to post’ and that B&B accommodation is not suitable for this age group ‘even on an emergency accommodation basis’.

This followed two rulings in the High Court from Baroness Hale of Richmond in February 2008 and May 2009 in which she told social services not to ‘pass the buck’ to housing departments in relation to 16 and 17-year-olds.

The Law Centres Network, a national charity supporting law centres, which help vulnerable and disadvantaged people, found 27 per cent of the 138 local authorities which took part in a survey did not indicate social services should be the lead authority for 16 and 17-year-olds in their protocol.