5.7.1 Leaving Care |
AMENDMENTS
This chapter was significantly amended in July 2011 in relation to the Care Planning, Placement and Case Review Regulations 2010 and should be re read.
Contents
- Definitions
- Preparation and Assessment
- Pathway Plan
- Review of Pathway Plan
- Role of the Personal Adviser
- Provision of Accommodation and Finance
1. Definitions
- Eligible Young People
They are aged 16 or 17, have been Looked After for a period or periods totaling at least 13 weeks starting after their 14th birthday and are still in care. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the parent.) There is a duty to support these young people up to the age of 18, wherever they are living.
The statutory definition and requirements to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser are now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review (England) Regulations 2010.
- Relevant Young People
They are aged 16 or 17 and are no longer Looked After, having previously been in the category of Eligible Young Person when in care. However, if after leaving care, a young person returns home for a period of 6 months or more to be cared for by a parent and the return home has been formally agreed as successful, he or she will no longer be a "Relevant Young Person". A young person is also "Relevant" if, having been in care for three months or more, he or she is then detained after their 16th birthday either in a hospital, remand centre, young offenders' institution or secure training centre. There is a duty to support Relevant Young People up to the age of 18, wherever they are living.
The statutory definition and requirements to stay in touch with the young person, undertake a needs assessment (unless this was done when the young person was 'Eligible'), prepare and keep the Pathway Plan under review, appoint a Personal Adviser (unless this was done when the young person was 'Eligible') and provide accommodation and assistance to meet his or her needs in relation to education, training or employment are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
- Former Relevant Young People
They are aged 18 to 21 (or up to 24 if in full-time further or higher education), and have left care having been previously either "Eligible", "Relevant" or both. There is a duty to consider the need to support these young people wherever they are living. people wherever they are living.
The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme. The duty to pay a higher education bursary also continues, as before.
The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:
- Appoint a Personal Adviser;
- Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide
- Prepare a Pathway Plan
- Give assistance to the extent that the young person's educational or training needs require it. The kinds of assistance are: contributing to expenses incurred by the young person in living near the place where s/he is, or will be, receiving education or training; or making a grant to enable the young person to meet expenses connected with his education and training
The duties of the Local Authority subsist for as long as the young person pursues the programme of education or training in accordance with the Pathway Plan, and the Local Authority may disregard any interruption in the education/training if it is satisfied that the young person will resume it as soon as is reasonably practicable.
In each case where a care leaver requests this support, the Local Authority will need to assess the appropriateness of the course and how it will help the young person to achieve his or her ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether full- or part-time, and the young person's existing income.
- Qualifying Young People
They are over the age of 16 and under the age of 21, (or up to 24 if in full-time further or higher education), and have been Looked After or, if disabled, have been Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant. They may receive support, advice and assistance wherever they are living.
- Personal Adviser
A Personal Adviser is the person appointed to work with every Looked After young person, from the young person's 16th birthday, and will occupy a key role in providing support to the young person after he or she reaches 18. The Personal Adviser will hold a pivotal role in the planning and review of services as set out in the Pathway Plan
- Pathway Plan
The Pathway Plan sets out the route to the future for young people leaving care and will state how their needs will be met in their path to independence. The plan will continue to be implemented and reviewed after they leave care at least until they are 21; and up to 24 if in education.
2. Preparation and Assessment
All Eligible, Relevant or Former Relevant Young People must have received a Pathway Plan Needs Assessment to establish the advice, assistance and support they will need when leaving the Looked After service.
The essential issues to be addressed in the Needs Assessment are:
- the young person’s health and development
- education, training or employment needs
- the support available from family and other relationships
- financial needs
- the extent to which he or she possesses the practical and other skills necessary for independent living
- needs for care, support and accommodation
Certain children will require particular care and attention during assessment. They include young people:
- in transition, including moving schools, leaving school or leaving, or moving into young adulthood and into the remit of adult services
- with specific communication needs, either because English is not a first language or they do not communicate through speech
- with a long history of contact with the Family and Young People’s Service
- involved in the use of drugs
- about whom there are concerns that they are becoming or might be involved in prostitution
- who are separated from their country of origin (unaccompanied asylum seeking children and young people)
- children with a disability (see City of London Corporation Transition Planning Guidance)
- children with mental health problems
In preparation for the assessment, the Social Worker will arrange for the young person to be provided with information about services available for care leavers.
Assessments will take place between 15 3/4 and 16 1/4 yrs, with the completion date no earlier than the young person's 16th birthday and no later than 3 months after this date. Where young people become Looked After over the age of 16, the assessment will begin when they become Eligible and be completed within 3 months.
The Pathway Plan Assessment will be based upon existing assessments.
The young person will be invited to any meetings held in connection with the assessment.
However where there are complex needs the social worker should convene a professional’s meeting to co-ordinate roles and tasks. The young person will be advised of the meeting and a record of the meeting and any recommendations will be shared with the young person.
The Pathway Plan Assessment should take account of the views of the following:
- The young person
- The Parents or other relevant family members e.g. a sibling or spouse
- The current Carer, and Supervising Social Worker
- The school/college and the education service
- Any Connexions worker, mentor, youth service worker who supports the young person
- Any independent visitor
- The Independent Chair of the Looked After Review
- Any person providing health (including mental health) care or treatment for the young person
- The Personal Adviser
- In the case of a young person with special needs, the relevant Transitions Worker
- Where the young person is a Parent, representative of any service supporting their child
- Any other relevant person including, in the case of a young person with special needs, a representative from City Corporation Adult Services
A decision not to include significant people must be recorded in the young person's file.
Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.
Where the young person refuses to engage in the assessment process, this should be recorded, together with any actions taken to ascertain the young person's views.
The Pathway Plan Assessment will inform the development of a Pathway Plan. The Pathway Plan should complement the Care Plan and any other existing support plan for the young person.
Where the young person continues to be Looked After, there should additionally be a [Placement Plan (recorded on the [Placement Information Record), which should describe what arrangements have been made within the Home to support the Pathway Plan.
3. Pathway Plan
The young person's Social Worker/Personal Adviser will be responsible for drafting and distributing the Pathway Plan.
The Pathway Plan must be prepared within six weeks of the Pathway Plan Assessment being completed, and this should be no later than 3 months after the young person becomes eligible.
Each young person will be central to drawing up their own Plan setting the goals and identifying with the Personal Adviser how the City Corporation will help meet them, including any services being provided in respect of the young person's disability or needs arising from being in custody or as a result of entering the country as an unaccompanied asylum seeker.
Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.
The Pathway Plan should also include:
- The plan for the young person's continuing education or training when he/she ceases to be looked after - where the young person is no longer of statutory school age, the Pathway Plan may need to incorporate the goals and actions that were previously included in the PEP
- How the Responsible Local Authority will assist the young person in obtaining employment or other purposeful activity or occupation, taking into account his/her aspirations, skills and educational potential
- The financial support to be provided to enable the young person to meet accommodation and maintenance costs; taking into account his/her financial capabilities and money-management capacity, along with strategies to develop skills in this area
- The nature and level of contact and personal support to be provided, and by whom, to the young person.
- Details of the accommodation the young person is to occupy (including an assessment of its suitability in the light of the young person's needs, and details of the considerations taken into account in assessing that suitability).
- Details of the arrangements made by the Responsible Local Authority to meet the young person's needs in relation to his or her identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.
The Pathway Plan for under 18s will be finalised at the next Looked After Review. For over 18s, the Pathway Plan will be finalised at a meeting set up and recorded by the Personal Adviser and attended also by the young person and any other agreed appropriate person where lead responsibilities will be agreed.
In the case of an Eligible or Relevant Young Person, the Social Worker will retain lead responsibility for progressing all areas of the Pathway Plan,.
In the case of Former Relevant Young Person, the Personal Adviser will have lead responsibility.
Where a Former Relevant young person has an Adult Services Social Worker the Personal Adviser will ensure the Pathway Plan links with and complements the existing plan.
The Pathway Plan will include a date for the next Looked After Review.
The Pathway Plan cross-referenced as appropriate to other plans in operation including the Care Plan, Placement Plan (recorded on the Placement Information Record), Personal Education Plan, Health Care Plan and SEN Transition Plan. There is no need to duplicate the complementary plans but copies of relevant parts should be kept with the Pathway Plan.
The Personal Adviser will ensure that the young person has details of the plan in a format suited to individual needs and understanding.
The Social Worker or Personal Adviser with lead responsibility must contact all relevant individuals or agencies so that they are aware of their role within the Plan and responsibility for implementing the plan effectively. These may include:
- Family members, significant friends or mentors
- Foster Carers, Supervising Social Worker or residential workers
- The education service, for example the named significant adult for education
- The school, college or training establishment
- Connexions Service (see below)
- The Youth Offending Service or National Offenders Management Service (formerly Probation Service)
- Housing providers
- Health organisations
- Any service supporting a young person as a Parent or providing a service to their child
- Voluntary organisations including activity or interest groups with whom the young person is involved
Connexions Service: The Connexions Service aims to provide young people aged 13-19 (25 for young disabled people) with the advice, guidance, support and personal development they need to prepare them for transition to work and adult life. It is a universal service with targeted support for vulnerable young people, who will include looked-after children and care leavers. When the young person reaches 16, it is expected that the leaving-care personal adviser will usually also be the Connexions personal adviser. The careers service will be a key member of local Connexions partnerships. It provides the link between the worlds of work and further education. The Family and Young People’s Service will ensure that all young people in care receive careers advice through the Connexions service. Personal advisers who act also as Connexions advisers will ensure that young people are able to make the best use of the careers service.
Where the young person's primary need is for a specialist service e.g. mental health or disability, the Plan should specify who has responsibility for giving notice to Adult Services and liaising with them to ensure a smooth transition.
On completion and approval of the Pathway Plan as above, all parties involved including the young person should sign it.
Those who have a role in implementing the plan should have a copy, at least, of the part which relates to their contribution.
4. Review of Pathway Plans
Reviews of the Pathway Plan should take place at no less than six monthly intervals for as long as it stays in force.
For an Eligible Young Person*, the date for the first review will be set to coincide with the young person's next Looked After Review after the Pathway Plan has been drawn up.
For a Relevant Young Person*, the date for the first review will, if possible, be set at the last Looked After Review before the young person ceases to be looked after and in any case within six months of becoming a relevant young person.
For a Former Relevant Young Person*, the date for the first review will take place within six months of the young person's 18th birthday.
If a change of circumstance requires the Pathway Plan to be significantly amended or at the young person's request, a review of the Pathway Plan can take place without waiting for a scheduled review.
The review will check whether the goals remain appropriate and are being met, and whether levels of support are adequate and being delivered.
Review participants should include the young person, Personal Adviser or the Social Worker (where the young person remains Eligible or Relevant) and any other significant person.
The record of the Looked After Review will include the review of the Pathway Plan.
For former relevant young people the Personal Adviser will be responsible for recording the review.
In the event of a Relevant or Former Relevant Young Person breaking off contact and/or not engaging with the agreed support and advice being offered, a review of the Pathway Plan may take place by telephone, e-mail or letter, if agreed in advance by the Chair of the Review, Social Worker and the Personal Adviser. In these circumstances the Personal Adviser will attempt to negotiate a revised plan that is acceptable to all parties.
Where contact is lost, the emphasis of the Pathway Plan Review will switch to recording how attempts will be made to re-establish contact and these efforts will be reviewed within the established system. A route back for the young person to seek support in the future should be kept open where possible, for example by sending birthday cards and appropriate festive greetings, and ensuring that the young person receives any circulated information about services or events in which they may have an interest.
*Defined in Section 1 above
If the Relevant Young Person or Former Relevant Young Person moves to 'unregulated' accommodation (i.e. accommodation that is not regulated/inspected by OFSTED), the Local Authority must:
- Arrange a review 28 days (or as soon as practicable thereafter) from the time the accommodation is provided, and
- Determine at what intervals (not exceeding six months) subsequent reviews will be carried out.
- Reviews should be brought forward where there is an assessed risk that a crisis may develop in a young person's life, for example:
- Where a young person has been charged with an offence and there is a possibility of their being sentenced to custody, which will risk losing their accommodation;
- Where a young person is at risk of being evicted from his or her accommodation or otherwise threatened with homelessness
- Where professionals are concerned about the parenting capacity of a 'Relevant' or 'Former Relevant' young person with there being a possibility that their own child may need to be the subject of a multi-agency safeguarding plan
- Where a young person requests a review
Matters to which the Local Authority is to have regard in determining suitability of accommodation (under Schedule 2 to the Care Leavers Regulations 2010 and Schedule 6 of the Care Planning, Placement and Case Review Regulations 2010):
- In respect of the accommodation:
- The facilities and services provided,
- The state of repair,
- The safety,
- The location,
- The support,
- The tenancy status, and
- The financial commitments involved for the relevant young person and their affordability.
- In respect of the Relevant young person:
- His or her views about the accommodation,
- His or her understanding of their rights and responsibilities in relation to the accommodation, and
- His or her understanding of funding arrangements.
Where a Relevant or Former Relevant Young Person enters custody, pathway planning must continue. The young person must be visited on a regular basis and it is good practice for the first visit to take place within ten working days. The role must not be fulfilled by a YOT worker. The Local Authority must liaise with the YOT or Probation Service to support the young person emotionally, practically and financially while in custody. A review of the Pathway Plan should be carried out at least a month before the young person's release to give sufficient time to plan for his or her resettlement, including identifying suitable accommodation where the young person's placement had to be given up or has been lost and identifying who will collect the young person and the sources of support after his or her release.
5. Role of the Personal Adviser
The key roles of the Personal Adviser are:
- To provide advice
- To advise on and monitor progress of the young person's Pathway Plan Assessment
- To take a lead role in the preparation of the Pathway Plan
- To participate in reviews of the Pathway Plan
- To liaise with other agencies, including other local authorities in the implementation of the Pathway Plan and to advocate for the young person
- To coordinate the provision of services under the Pathway Plan and take steps to ensure the young person makes use of such services
- To keep informed about the young person's progress and well-being
- To keep written records of contact with the young person, monitoring the effectiveness of services in preparing the young person for a time when they will move to greater independence or when they cease to be looked after.
Personal Advisers will maintain contact with the young person on a regular basis up to the age of 21 (or up to the age of 24 for those completing an agreed course of education or training). The level and nature of the contact will be specified in the young person's Pathway Plan.
Where a Personal Adviser loses touch with a young person, relevant agencies must be notified which may include another local authority, and all immediate practicable steps must be taken to re-establish contact.
The Personal Adviser will act as the principal source of contact in any matter relating to the Pathway Plan.
Once a Pathway Plan has been made, the Personal Adviser will monitor its progress through direct contact with the young person and with the agencies and individuals identified in the Plan as providing a service or being significant.
6. Provision of Accommodation and Finance
6.1 Accommodation
When a young person leaves care there are usually a variety of accommodation options. It is the policy of the Family and Young People’s Service that, where a young person is planning to move to permanent independent accommodation, they should have the opportunity for this to be provided by the public sector, i.e. a local authority or housing association.
The Housing and Adult Services divisions of Community and Children’s Services work in partnership to ensure care leavers have access to suitable housing and the support they need to live independently to maintain their tenancies effectively and responsibly.
When a young person is preparing for independence, their pathway plan will address in detail their accommodation needs including proposed costs and legal status as tenants/licensees.
Young people will need access to advice on their housing options. The young person, accompanied by their Social Worker and an advocate if they wish, will meet with the Housing Allocations Officer to discuss the options available to them.
Community and Children’s Services may act as a guarantor for young people under 18 on tenancies or licences where there is no family member willing or able to do so, and may lodge either a cash deposit or written guarantee bond with private sector providers.
Rent guarantees underwrite the young person's non-payment of rent and are legally binding agreements. As a result, the Department provides these guarantees with strict conditions. This includes the notification by the housing provider after two weeks that rent arrears have accrued. The guarantee remains in force until the young person reaches the age of 18 or moves from the property.
Young people remaining with the foster carers in a lodging situation can have a tenancy agreement. The Social Worker can provide information on the benefits of this option.
Young people living independently for the first time need help with setting up home. Community and Children’s Services will provide young people with up to a maximum grant of £2,000 which will be allocated according to assessed need.
To receive a grant, the young person will usually be a tenant or joint tenant. In some instances, some of the grant will be payable to young people in semi-independent accommodation to buy basic items. The guiding principle in deciding on the level of this assistance should be what a good parent would do in similar circumstances.
Semi-independent accommodation
Semi-independent accommodation aims to provide living situations similar to independent accommodation but with a degree of support. These facilities offer less support than a community or foster home so young people can learn from the experience whilst adjusting to independent living.
There are different types of semi-independent accommodation offered across London and the Family and Young People’s Service will commission appropriate accommodation according to the assessed needs and wishes of the young person.
Young people who are aged 16+ can have access to supported lodgings. Whilst they remain accommodated, the costs of the placement are paid through the Fostering Allowance Budget. Young people who remain with the same foster carers can have their foster placement converted to a supported lodgings placement at the age of 18. Disabled young people can have their foster placement converted to an adult placement if they meet the criteria for adult services.
Providers of all supported lodgings are approved in accordance with the National Care Standards. The carers are expected to have the skills to promote and encourage independence in young care leavers. The Social Worker will visit regularly and the placement will be continually reviewed.
Independent accommodation
A young person's readiness and eligibility for independent accommodation will need to be kept under review. A young person will need to make the appropriate applications in discussion with his/her Social Worker.
The housing form should be completed by the young person's 17th birthday identifying their 18th birthday as a possible target date for housing. Young people moving into independent accommodation prior to their 18th birthday will require a rent guarantee. A Guarantor Agreement will be signed by the Director of Community and Children’s Services agreeing that until the young person attains 18 years of age, the rent will be paid. During the period before the young person's 18th birthday, the accommodation would be considered supported, allowing the young person the time, space and practice to experience living on their own with the full support of their Social Worker and Housing Officer.
At the age of 18, the young person will sign their own tenancy agreement and the support offered by Community and Children’s Services will continue until the young person becomes 21, or 24 if they are in full-time education.
6.2 Financial Arrangements
The following allowances are available for young people leaving care.
All those when initially received into our care receive a £100 Clothing Allowance, this ideally is not given as one payment but spread over the initial period.
All Young people if they make requests for financial assistance regarding education, religious and cultural activities and immigration and solicitors appointments will have these requests met. We would continue to actively promote education and religious activities and participation in sport and leisure activities.
All young people who are accommodated in Peterborough receive a Bus Pass for when they initially arrive in Peterborough and whilst attending college. They do not receive a bus pass allowance if they are no longer at college or get to college by another means.
From 18 years each young person receives £100 per year up to when they are 21 years. This money is given on an annual basis but if the young person does not want to spend or have this, the allowance can be held over until they are 21 years. It is not to be given in one lump sum unless there are exceptional circumstances which will require agreement from our line manager.
This £100 per year is to take effect from 1st June 2006, it is not retrospective. This means that those who are 18 years after 1st June will only be given £100 per year over 3 years. Those who are 19 will only be given £100 over 2 years and 20 years of age £100 for the year of this birthday.
It is a set allowance which can be held over until the young person becomes 21 or used as they progress from 18 to 21 years of age. This is in accordance with needs highlighted as part of their pathway planning and will be deducted to give a final outstanding amount at their 21st year.
Post 18 every young person will have a minimum of £500 as a care leaving allowance which will be given available to them on their 21st birthday and in addition £100 per year over three years which they can have access to if they wish and their social worker agrees or they can wait to have this as a lump sum post 21.
Summary
Initial Clothing £100 (2 x £50 recommended)
| Birthday | Clothing | Leaving Care | |
| 16 | £100 | £100 | N/A |
| 17 | £100 | £100 | N/A |
| 18 | £150 | £100 | |
| 19 | £100 | ||
| 20 | £100 | ||
| 21 | £100 |
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