London Borough of Croydon Leaving Care Policy

Transcription

1 London Borough of Croydon Leaving Care Policy 1. Introduction This policy guidance describes how services are delivered to our young people leaving care so that they can enter adulthood as socially integrated and economically participative citizens. This policy applies to care leavers, including all local (indigenous) care leavers (normally UK or EU born or with UK citizenship) and unaccompanied young asylum seekers with refugee status, humanitarian protection, UASC leave and discretionary leave to remain. This policy document is supported by the document Leaving Care Service which is primarily addressed to young people and care leavers and explains the help and support they will receive from the council. This document is attached to this Policy. The appendices are provided to give clarity regarding financial payments, and the support and help given to young people who are unaccompanied asylum seekers. Appendix 1: Financial Payments for Care Leavers Appendix 2: Care leavers who are Unaccompanied Asylum Seeking Children This policy was amended in January Our vision As Corporate Parent, Croydon Council wants to achieve the same best outcomes for our looked after children as any parent would wish for their children. We want our looked after children to have similar opportunities and chances in life to that of children growing up in their own families. That s why we will provide looked after children with the support and help they need to reach their potential during childhood and into adult life. We provide looked after children with caring foster families or support them in other placements best suited to their needs, and we strive to ensure they receive a good education and good health care. When they leave their care placements we support them with appropriate resources and help to achieve their independence and fulfill their potential as adult members of society. As Corporate Parent, the London Borough of Croydon has the same aspirations for looked after children as that of any good parent for their child; we want our children and young people to be safe, healthy, happy, integrated and contributing members of their local communities and of our society. Like any good parent we will assist our young people through higher education or into employment or training opportunities, and ensure they have somewhere suitable to live once they leave their care placements. To do this we provide every young person aged between 16 and 21 who qualify for 1

2 leaving care services with a personal adviser who will provide support and guidance, and work, with other agencies to help the young person gain access to wider support services. These may include services from adult social care services and health services for care leavers who have learning difficulties or mental health problems. For a young person below the age of 18 years their personal adviser will be a qualified social worker. Public financial resources are limited but we will work within those limitations to provide our care leavers with the utmost support and guidance as we can and work together in partnership with other agencies to deliver help where and when it is most needed. 3. Our Objectives To motivate and assist each young person to reach their potential for education, training and employment so that they can achieve adult independence To promote their good health by encouraging a healthy sexual, emotional and physical lifestyle To facilitate and support them in suitable accommodation To help them maintain positive family and friendship relationships To assist them to be financially independent, and able to budget, and to save and manage their money. To provide them with a worker who will undertake the role of personal adviser. To produce and regularly review a Pathway Plan. To encourage each young person to take up opportunities for developing a range of interests, skills, activities and supportive social networks. To comply with the key principles in the Care Leavers' Charter 4. Our Duties and Responsibilities to Relevant, Former Relevant and Eligible Young People To stay in touch with the young person To undertake a needs assessment leading to a Pathway Plan To appoint a personal adviser To prepare a Pathway Plan which addresses the nature and level of personal support, accommodation, education and training, employment (where 2

3 relevant), support to enable the maintenance of appropriate family and social relationships, meeting health and mental health needs and contingency plan. To keep their Pathway Plan under regular review, with clear actions to access employment, education and training opportunities appropriate to the young person's needs (including providing the Higher Education Bursary where applicable) To include actions within the Pathway Plan to assist the best health care and interpersonal outcomes for the young person To ensure their personal adviser continues to co-ordinate the provision of services To pay a Higher Education Bursary for those former relevant young people in higher education. To provide financial assistance to enable the young person to meet expenses connected with education or training when this is identified in the Pathway Plan. 5. The Legal Context a) Children (Leaving Care) Act 2000 This Act amended and clarified some sections of the Children Act 1989 dealing with the support needs of care leavers and the quality of planning for their transition from childhood and into adult independence. The Act provides the legal framework for the policy and arrangements in respect of young people leaving the care of the local authority, and after care services. The local authority has a duty to prepare Looked After young people for the time when they leave care. Corporate Parents are required to offer the same care and support to young people leaving care as that of any reasonable parent helping their child to make the transition to adult independence. Good Corporate Parents will provide these young people with help and support to access education, employment and training opportunities and to find accommodation suited to their needs. b) Children and Young Persons Act 2008 and Care Leavers (England) Regulations 2010 The 2010 Regulations clarified the requirement of the 2008 Act for looked after children moving from accommodation regulated by the Care Standards Act 2000 (or semi-independent accommodation) into other accommodation to have a statutory review of their care plan chaired by their Independent Reviewing Officer. It also introduced the requirement for local authorities to pay a Higher Education Bursary for certain former relevant young people and 3

4 the right of care leavers under 25 years of age wanting to access education or training to resume support from a personal adviser. c) Children Act 1989: Transition to adulthood for care leavers, 2015 This guidance is an amendment to Volume 3 of the Care Act 1989 and an update of the last amendment in Addressed to personal advisors, social workers, managers, Directors of Children s Services, lead members, elected members, commissioners and relevant agencies, it is aimed at ensuring care leavers experience the same level of care and support as their peers experience from a reasonable parent. The quality of support and advice to care leavers, providing opportunities, and focus on the needs of the individual care leaver must be at the centre of decision-making and pathway planning d) The relevant legal context also includes the following: The Children Act 1989 The Children (Leaving Care) Act 2000 Regulations and Guidance The Children (Leaving Care) Act Explanatory Notes Homelessness (Priority Need for Accommodation) (England) Order 2002 The Children Act 2004 The White Paper Care Matters Time for Change 2007 The Care Planning, Placement and Case Review (England) Regulations 2010 Transition to Adulthood Interim Guidance for the implementation of the Care Leavers (England) Regulations 2010 ("Transition Guidance") Care Leavers' Charter 2012, a contract between local authorities and young people leaving care setting out what support care leavers can expect published by the Department of Education The Care Planning and Care Leavers (Amended) Regulations Definitions Eligible Young Persons These are young persons aged 16 or 17 years who have been looked after for 4

5 a period or periods totaling at least 13 weeks starting from their 14 th birthday and are still looked after children, except for young persons with a disability who have had a series of short term pre-planned respite care placements lasting up to 4 weeks. We have a duty to support these young people up to the age of 18, wherever they are living, and beyond into independence, if they become former relevant young people. (See 6b and 6c). The Care Planning, Placement and Case Review Regulations 2010 (Volume 2) requires that a thorough assessment of the young person s needs is undertaken to inform the actions for achievement in the Pathway Plan (see 7), that the Pathway Plan is reviewed, and that a worker is appointed as personal adviser to the young person. Duties to Eligible Young Persons include to: appoint a Personal Adviser who is a qualified social worker undertake a Pathway Plan needs assessment make a Pathway Plan keep Pathway Plan under review Relevant Young Persons These are young persons aged 16 or 17 who have already left care but were previously looked after for a total of at least 13 weeks from the age of 14, and at some time during their 16th or 17 th year. An eligible young person becomes a relevant young person if they leave care and are aged 16 or 17. This does not apply to a young person who has returned to their home from care and this has been successfully maintained for a period of 6 months or more. A young person is also relevant if, having been looked after for three months or more, he or she is then detained after their 16 th birthday either in a hospital, remand centre, young offenders institution or in a secure training centre. There is a duty to support relevant young people up to the age of 18 years, wherever they are living. The Care Leavers Regulations 2010 require the Council to remain in contact with relevant young people, and to undertake the responsibilities outlined in 6a above. Duties to Relevant Young Persons include to: keep/ stay in touch with the young person appoint a Personal Adviser undertake a Pathway Plan needs assessment (if not previously done) make a Pathway Plan keep Pathway Plan under review 5

6 safeguard and promote the welfare of the young person provide accommodation and assistance to meet the young person's needs in relation to education, training and employment. Former Relevant Young Persons These are young people aged 18 to 21 years (or up to 25 years if attending an agreed course in further or higher education specified in their Pathway Plan) who have been eligible and/or relevant and were placed in care subject to a Care Order, or remanded into care, or accommodated by voluntary agreement. The Care Leavers Regulations 2010 make the same requirements of the Council as in 6a and 6b above. These requirements continue until the young person becomes 21 or up to 25 in some cases. In setting out goals and actions for achievement, the Pathway Plan should also set out timescales for completion so that it is clear when the Plan will expire so leaving care services can lawfully cease. For former relevant young persons aged between 21 and under 25 years of age and wishing to take up an agreed programme of education, the Care Leavers Regulations 2010 make the same requirements of the Council as in 6a and 6b above. This is to provide appropriate assistance by, for example, contributing to expenses incurred by the young person in living near the place where s/he is receiving education or training; or by making a grant towards meeting the costs and expenses of their course, based on the assessment of their needs and circumstances and included in the Pathway Plan. Duties to Former Relevant Young Persons include to: Take all reasonable steps to keep/ stay in touch with the young person continue providing a Personal Adviser undertake a Pathway Plan needs assessment (if not previously done) continue with Pathway Plan up to the age of 25 for young people who take up a program of education or training keep Pathway Plan under review safeguard and promote the welfare of the young person provide accommodation and assistance to meet the young person's needs in relation to education, training and employment. provide financial assistance to enable them to pursue education and training provide a Higher Education Bursary Young People Qualifying For Advice and Assistance Category A Special Guardianship 6

7 These young people are those young persons aged between 16 and 21 who are not eligible, relevant or former relevant young persons, but qualify for advice and assistance because they are or were subject to a Special Guardianship Order prior to their 18 th birthday, or who had been looked after immediately prior to their becoming subject to a Special Guardianship Order or who were looked after children when over the age of 16 years but for less than a total of 13 weeks after their 14 th birthday. These qualifying young people are known as category A. Advice and assistance is provided to qualifying young persons by their relevant local authority. This is the last local authority in which the young person was a looked after child. Category B Looked After Children For young persons aged under 21 years of age who were looked after for a period in total of less than 13 weeks after their 16 th birthday (starting from their 14 th birthday) the local authority is required by Section 24(5) of the Children Act 1989 to provide appropriate advice and assistance. In this case, the relevant local authority is the local authority approached by the young person. These qualifying young persons are known as category B. However, if a young person aged below 18 years and previously looked after for a period in total of less than 13 weeks after their 16 th birthday (starting from their 14 th birthday) has returned home she or he is not to be regarded as qualifying for the purpose of Section 24 Children Act 1989, but support should be assessed and provided under Section 17 Children Act 1989 (child in need). Duties to Qualified Young People may include: giving assistance "by contributing to expenses incurred by him in living near the place where he is or will be employed or seeking employment or receiving education and training." providing assistance with expenses connected with education or training by way of grant, including university tuition fees. 7. The Pathway Plan Personal Adviser An eligible child (16, 17, years) will have a person allocated to them to meet the requirements of a personal advisor as given in the Children Act 1989, Schedule 2, paragraph19c. The young person s social worker will complete the needs assessment and the Pathway Plan within3 months of a young person s 16 th birthday. Three months before their 16 th birthday, the looked after child s social worker will write to the young person (and where appropriate those who hold parental responsibility), setting out the arrangements for a needs assessment. As well as starting to plan for the future, including higher education and career ambitions, this will be an opportunity to establish whether the young person 7

8 has special needs that ought to be considered as they enter adulthood and to ensure that other services such as Adult Social Care and Housing can begin their planning. The assessment of needs must address the young person s: Health and development Education, training and employment including achievements to date, and special needs and career ambitions Emotional and behavioural development and any special needs in this area Identity including ethnicity, religious persuasion, sexual orientation as well as any issues arising from being a child in care Family and social relationships Practical and other skills necessary for independent living Financial arrangements including bank account, NI number, savings. Accommodation current arrangements and likely future needs Contingency planning if goals are not achieved. The Pathway Plan should state ambitious but achievable goals for achieving adult independence and the actions required of the Corporate Parent, the young person, other agencies, and other significant people including family. The Pathway Plan replaces the Care Plan for young people remaining looked after. The Pathway Plan and the needs assessment is reviewed by a statutory review chaired by the young person s Independent Reviewing Officer ("IRO") within 3 months of their 16 th birthday and thereafter every 6 months or sooner if required. The partnership working between social worker, family members, carers, designated teacher, designated LAC nurse, and other relevant professionals is vital if actions and outcomes are to be achieved. If the young person remains placed in non-regulated accommodation, the Pathway Plan should be reviewed within 28 days of that placement, then after 3 months, and thereafter every 6 months. If a young person has been assessed to have additional/complex needs, for example, mental health needs requiring additional support, the Independent Reviewing Officer will ensure at the review closest to the young person s 17 th birthday that a detailed and robust Transition Plan is in place to ensure Adult Care Services continue after the young person s 18 th birthday. In the same way, the Transition Plan will also identify post-18 housing needs and Housing shall be notified so that planning can begin. This is particularly important for young people who are likely to have specialist or additional support needs which can be met through Supported People funding arrangements. For former relevant care leavers (young people who have left care and are aged over 18 years, the personal advisor will organise and arrange a review meeting for the pathway Plan to be updated within the statutory timescale or sooner if appropriate and necessary. There maybe be occasions whereby the personal advisor may be the most appropriate person to chair the pathway plan review meeting, in so far as by doing so the role of the personal adviser as the Chair does not conflict or compromise the Personal Adviser s role as a negotiator on behalf of the care leaver with the local authority., but 8

9 this is a role that can be exercised by the care leaver. The manager of the Leaving Care Service will nominate the chair, and for reasons of complexity may choose to chair the meeting or to have the personal advisor s supervisor chair the meeting. The update of the Pathway Plan will take into account the personal advisor s close understanding of the needs of the care leaver and of developments in that young adult s life and circumstances. 8. Accommodation Arrangements Accommodation choices vary among care leavers and arrangements reflect their individual needs as young adults. There are two main forms of accommodation provided to care leavers and these are, supported, and independent. Supported accommodation provides some level of support service to the care leaver because of their assessed needs for additional support, for a period of time, in making the transition fully to adult independence. Independent accommodation is without any additional support in the accommodation, but the support from the personal advisor continues to age 21 or 24 if in education. Staying Put Arrangements, introduced into legislation last year, provide for continuity of relationship and support with the foster carer after 18 years of age, and are an important means of achieving adult independence. a) Types of supported accommodation The range of supported accommodation provided to Care Leavers includes the following types: Shared housing: these offer temporary or permanent accommodation and care leavers have their own room but share bathroom, kitchen and communal areas with other young adults. It is similar to a hall of residence at university. Support is delivered by support workers who may have an office in the property or visit on a regular basis. Self-contained flats: care leavers have their own flat or a studio flat. The provider may manage a block of flats, or may provide single unit flats in buildings across the locality. Support is provided by support workers who may have an office in the block or offer a visiting service. Hostel: accommodation is temporary and intended to provide a high level of support; care leavers have their own bedrooms and share communal areas with other young adults. Unlike shared housing meals are provided and cleaning services. Support from workers is provided on a 24-hour basis, seven days a week, every week of the year. This is a transitional arrangement leading to greater independence. Foyers for young people: Foyers offer temporary accommodation for young people (usually years of age) with support and access to employment, training and education. The accommodation may be shared or self-contained. Support is provided by support workers who are usually based on site and may be available 24 hours a day, seven days a week. 9

10 Training flats: care leavers who are planning to go for Higher Education are offered accommodation in self-contained flats for a short period of time to give them a chance to see what it would be like to live on their own. Workers then asses any needs for future support / skills development. Supported Lodgings: are families provided by CAYSH after referral through SNAP and they provide the care leaver with a family environment, but one in which the care leaver is expected to exercise a degree of adult independence and responsibility. The care leaver can stay with this family under this arrangement until he / she is ready for independent living. Mother and baby units: provide temporary shared accommodation for care leavers who are young parents or about to become parents, who need some extra support with their new born until they are settled and independent. There is 24 hours key work support available in these units to teach them child care and life skills. Shared Lives arrangement for care leavers with a disability: are arrangements for care leavers with disabilities to stay with an adult carer and these arrangements are made through the Adults Disabilities Team b) Types of independent accommodation Local Authority Housing: the long waiting list for social housing makes it extremely difficult for care leavers to obtain a council accommodation, unless they are vulnerable and have complex social and housing needs. Housing Associations: again demand for this accommodation is high and young adults are not a priority but there are a few care leavers who have been provided a Housing Association accommodation. Private rented sector accommodation (PRS): this can be studio flats or a 2-3 bedroom house that is shared by care leavers (and only by care leavers), the properties are checked and registered with the council to obtain the legally required House of Multiple Occupancy (HMO) license. Landlord Bond Scheme (previously known as Sponsored Tenancy Scheme): are studio, and one or two bedroom flats provided by private landlords in partnership with the council s housing department and offering accommodation for care leavers who are indigenous or have relevant immigration status. The council acts as sponsor and guarantor to the landlord. Staying Put Arrangement: the White Paper guidance issued in 2013 became legislation with the Children and Families Act 2014 and provides the framework for care leavers remaining with their former foster carers as a Staying Put arrangement. The council s Staying Put Policy is an item at this meeting of the Corporate Parenting Panel and should be read in conjunction with this report 10

11 Family and Friends: some care leavers choose to stay with their family members or relatives or friends. The arrangement is monitored by the Leaving Care Service. Emergency accommodation: the last resort when the care leaver s current accommodation has broken down and eviction served for varied reasons. This accommodation might be a hostel provided by the council s housing department or an emergency Homeless Shelter provided by CAYSH. It could be a B&B for one night but this very rarely the case and at time of writing this report that are no care leavers in overnight B&B. No Recourse Accommodation: the Leaving Care Service has developed good partnerships with a number of private rental sector accommodation providers which are used for care leavers with No Recourse to Public Funds. The rent is fixed and claimed back from the Home Office. These are shared accommodations which can range from 3 to 6 bedrooms, and the properties are checked and registered by the council s housing department for the required HMO license. The leaving care workers keep in touch with the landlords/ estate agents for the NRPF properties on a daily basis, due to the frequent changes that take place in terms of a young person s asylum situation. There is also a need to receive regular updates on the vacancies in these accommodations so that immediate moves can be arranged from and to these accommodations. The landlords/ agents are very aware of the changing scenario and quite flexible with accommodation arrangements. Homes of Multiple Occupancy (HMO) The majority of Private Rented Sector properties for the care leaver age group are likely to be in shared arrangements with other young people. Approximately half of care leavers living in independent accommodation (397 = 48.8%) will be sharing a house with other young people. These arrangements are called Homes of Multiple Occupancy. The council has a statutory duty to monitor and register these arrangements. The landlord is required to obtain a license from the Council if the property is occupied by three or more persons. The license is required so that Council can control and monitor standards. The Council makes monitors the standards of: safety good repair smoke detectors fire exits sinks, cookers, baths and toilets for the tenants. The Council will only provide a license if they are satisfied that: The property is suitable for occupation by the number of people expected The license holder is a 'fit and proper person' The property manager, if there is one, is a 'fit and proper person' 11

12 The property management arrangements are satisfactory The financial stability of the provider is evident. The license is normally given for 5 years, and The HMO officer conducts regular visits to the property to ensure the property is of the required standard. (Information obtained from Croydon Council housing website). The judgment of suitability of accommodation There are two elements to the judgement of suitability of accommodation. The first element is based on the assessed needs of the young person by the social worker including the wishes and views of the young person. The social workers in the Permanence 1 and 2 Services of the Looked after Children Service discuss each case at the Housing Panel which occurs every fortnight. The Housing Panel agrees a housing plan for the care leaver depending on his / her needs. The housing plan is taken forward by the allocated social worker and the accommodation is put in place before the care leavers 18 th birthday. Once the case is transferred to the Leaving Care Team, the personal advisor or the social worker follows up on this plan based on the needs of the care leavers. Accommodation is identified according to the following criteria: 1. Distance from education establishment 2. Local connections 3. Care Leaver s personal preference 4. Availability of accommodation. The second element to the judgement of suitability is the statutory standards. This is set out in Regulation 6, 7, & 9 and Schedule 2 of the Planning Transition to Adulthood Guidance, which includes the Care Leavers regulations (England) General state of the accommodation: 1) Is the accommodation furnished or unfurnished? If furnished - is the furniture in a good state? If not furnished, we provide the necessary furniture for each care leaver. Is the flooring in good condition? If not, what can be done to improve the state of the accommodation? 2) Is there access to food preparation and storage facilities 24 hours a day? 3) Is there access to utilities and services, including heating, hot water, electricity, water? Safety: 1) Does the landlord possess a current gas safety/safety certificate? 2) Are there policies and procedures to maintain safety such as fire? 3) Is the relevant fire safety equipment available, fitted and in working order? 4) Is there a system to establish who is at the door without compromising security (e.g. peep whole; chain; CCTV) Location: 12

13 1) Location public transport? 2) Community safety - is the area safe at night (including information about local crime characteristics)? Support: 1) How will housing related support respond to the young person s assessed needs. 2) Where accommodation is to be provided in a domestic setting (not with former foster carers) how have hosts been selected, assessed and trained. 3) Was assessment subjected to independent scrutiny? Who by? 4) How are supported lodgings providers supervised? What arrangements are in place for keeping their suitability under review? Tenancy agreement & Affordability: 1) Are all the charges are detailed in the agreement (e.g. deposit; rent, service charge)? 2) Are utilities available are competitively priced? 3) Does the landlord have insurance in place for the buildings and their contents and are there arrangements to insure the young person possessions? Young person s views: 1) Does the young person think the accommodation is suitable? 2) Does the accommodation meet the young person s assessed needs and aspirations, as set out in Pathway plan? 3) Does the young person understand how the accommodation and related support is intended to respond to their assessed needs as set out in their pathway plan? For quality assurance of the accommodation and the Leaving Care Service meets with all our providers to enforce the above criteria. The service ensures that there is a HMO license and safety certificates for any HMO and the service only uses known landlords of good reputation. The allocated worker visits the accommodation prior to the care leaver moving in and then immediately afterwards. They also conduct regular two to six monthly visits to check the well-being of the care leavers and the on-going suitability of accommodation. The care leavers contact their workers if there are issues in the property, such as repairs needed, and the workers liaise directly with the landlord. 9. LB Croydon Staying Put Policy and Arrangements We care for the overwhelming majority of looked after young people aged below 18 years in foster care placements with carers who can meet their 13

14 needs for a loving and stable family life, and help in preparing them to make the transition to adult independence and to their own accommodation after their 18 th birthday as agreed within the Pathway Plan. Some young people may choose to remain with their foster carers after 18 in a rent a room arrangement. These young people are no longer looked after children and fostering arrangements and conditions no longer apply. It is essential that the foster carer and their supervising social worker are fully involved in the planning stages of these arrangements as this may affect the carer s fostering status, tax liabilities, income, and benefits entitlements. The Council cannot provide detailed advice on the available tax relief on rental income and carers are referred to HM Revenue and Customs Help Sheet 236. Please also see paragraph 8(n0 below. A "Staying Put" Policy is a requirement within the Children and Young Persons Act 2008 and the Planning Transition to Adulthood for Care Leavers 2010 (Regulations and Guidance). This policy aims to set out the procedure to promote the extension of stay with foster carers beyond the young person's 18 th birthday. It is hoped it will result in more effective transition from care to adulthood and independence. It aims to avoid sudden disruption to young people who need stability during critical stage of specific educational programme. Young people who turn 18 are no longer "looked after" and therefore fostering arrangements would no longer apply. The "Staying Put" scheme is not an extension of fostering arrangement as regulated by fostering and care planning regulations. Instead "Staying Put" is a special arrangement to allow young person who fulfil set criteria to temporarily remain with their former foster carer beyond their 18 th birthday, subject to conditions set in this policy. The young people will effectively be lodgers and the foster carers will become their landlord under a licence agreement that must be completed in every arrangement. Duration of stay will either be fixed or reviewed at the discretion of the local authority. The Staying Put Policy specifies the conditions required to extend a former fostering arrangement and as set out in the young person s Pathway Plan. The Department for Education defines "Staying Put" to cover the following arrangements, where: A young person who was looked after immediately prior to their eighteenth birthday (as an eligible child) continues to reside with their former foster carer/s; The carer/s were acting as foster carers to the child immediately prior to the young person's eighteenth birthday; a young person is deemed an eligible child (s.19b(2) of Schedule 2 of the Children Act 1989, immediately before he/she reached eighteen; The "Staying Put" arrangement is set out in the child/ young person's Pathway Plan; 14

15 A proportion of the allowance paid to the "Staying Put" carer is paid by the Children's Services under s.23c of the Children Act 1989; The "Staying Put" arrangements extends until the young person first leaves the "Staying Put" arrangement, or the young person reaches 21 yearly and still lives in the arrangement or the young person completes the agreed programme of education and training being undertaken on their 21st birthday, if continuously living in the arrangement since their 18th birthday. 10. Straying Put Arrangements Guidance and Procedure for Foster Carers and Social Workers This is a guide to the Staying Put Arrangements that are included in the London Borough of Croydon Care Leavers Policy. The guide is intended to introduce and explain the Staying Put Arrangements and to answer some of the questions that meetings with foster carers and social workers have shown to be frequently asked. Who does Staying Put apply to? A Staying Put Arrangement applies to a young person who was looked after immediately prior to their eighteenth birthday as an eligible child; (an eligible child is someone who is aged 16 or 17 and has been looked after for a total of at least 13 weeks since the age of 14). Who is eligible for a Staying Put Arrangement? The plan to agree a Staying Put Arrangement will usually be made at the Pathway Plan Review from the age of 16 years onwards, and no later than the young person becoming 17 years and 6 months of age so that the Staying Put Arrangement is in place for the care leaver s 18 th birthday. The plan requires the full consent of the young person and of their foster carer, and it also requires the agreement of Children Services; the wishes of the young person and of their foster carer are important, and so too, is the assessment and consent of the local authority that the arrangement is in the best interests of the care leaver in their transition to independence. The Permanence and Placement Stability Panel of Children s Social Care agrees Staying Put Arrangements following on the request and assessment of the social worker. Is this an extended foster placement? A Staying Put Arrangement is not an extension of the foster placement. Young people aged 18 + are no longer looked after children. The fostering regulations and placement plan no longer apply. This is why the term 'placement' is replaced with the term 'arrangement'. The arrangement is subject to a License Agreement, which sets out what is being provided. The arrangement is similar to that between a lodger, and their landlord. How is it funded? 15

16 Instead of the care leaver making payment from their Housing Benefit to their former foster carer, LB Croydon pays the former foster carer directly and reclaims the Housing Benefit from the DWP under what is called a Third Party Agreement. The amount paid for accommodation is based on what is called the local room rate and is attached to this Guide. The council contributes an element over and above that which is reclaimable from the Housing Benefit; this is called the support element. Meals are not included in this payment, but if the care leaver wants meals to be included and the former foster carer agrees to do this, the carer leaver will pay the former foster carer directly at a rate agreed between them from either their benefits or wages. If a young person is in employment or receiving wages while in a staying put arrangement, the wages will determine if the full rent will be paid by the young person or partly covered by Housing Benefit. If wages are determined to be adequate for the total rent, only the support allowance will be paid to the carer. Former foster carers entering into a Staying Put Arrangement with care leavers who have no recourse to public funds, will be fully paid by the local authority at the current accommodation and subsistence rates applicable to this group. Can it be cancelled by any of the parties? Yes, cancellation of the Staying Put Arrangement may be initiated by the care leaver, or the foster carer if the arrangement is not working for them or if circumstances change. The social worker/ personal advisor may cancel the arrangement if the assessed needs of the care leaver no longer warrant the arrangement as being in the care leaver s best interests. How long can the Staying Put Arrangement last? A Staying Put Arrangement cannot extend beyond the care leaver s 21 st birthday, but the length of duration before this will be determined by the care leaver s needs and the Pathway Plan review. If the care leaver should leave the Staying Put Arrangement to live elsewhere then the Arrangement is terminated and no further Arrangement can be entered into. I am a foster carer, can I still foster other children? Yes you can continue to foster other children and LB Croydon values your skills and experience as a carer. It is a legal requirement for the Fostering Service to assess your suitability to continue to foster other children now that you have an adult living in your home under the Staying Put Arrangement. Will the care leaver need a DBS if I am fostering children? Yes a Disclosure & Baring Service (DBS) Certificate will be compulsory for Staying Put Arrangements where other looked after child/children are living under a fostering placement. The supervising social worker for the foster carer will make arrangements to ensure that a DBS check is undertaken for 16

17 the care leaver who is remaining under a Staying Put arrangement in the fostering household. I am a foster carer with an independent provider: does this apply to me? Yes this applies equally to you and to young people you are fostering on behalf of Croydon Council. If a Staying Put Arrangement is identified for a young person with you, the Staying Put Coordinator will contact your agency to discuss with them. They will also discuss the finances for the arrangement. We will implement the arrangement with you on equal terms with those of our own foster carers. Is the care leaver subject to Council Tax and Council Tax Support? Council Tax liability will vary depending on the young person's circumstances such as benefits eligibility, education, age and income from employment. This may have impact on the staying put carer's council tax. Young people in full time education, claiming income support are generally exempt from council tax liability. However people on Job Seekers Allowance may be required to make a contribution. Is my household insurance affected? Insurance within a Staying Put Arrangement is the responsibility of the former foster carer and they need to ensure that they have adequate cover, they will need to inform the insurance company providing their household insurance when a fostered young person becomes an adult and remains in the household under a Staying Put Arrangement. Is my National Insurance and Income Tax affected? Children s Social Care is not qualified to provide NI and Tax advice to individual former foster carers entering into a Staying Put Arrangement and the former foster carer is responsible for determining any NI and Tax impact on them (Further information about Tax, Benefits and caring, is available at OtherSupport/Caringforsomeone/DG_ ) What are the payments I will receive as a former foster carer? Staying Put Weekly Rates Staying Put Standard Rate Weekly Net Rent element Financial contribution of the council (section 23C payment) Care Leaver s living budget / contribution Total ( per calendar month ) Staying Put Rate - Preparing for A- Weekly 17

18 Level Exams and BTEC Level 2/3 Net Rent element Financial contribution of the council (section 23C payment) NOTE: This will reduce to standard rate of 50 at the end of course/examination or if YP discontinue the course Care Leaver s living budget / contribution Total ( 1,386.67per calendar month ) Staying Put Enhanced Rate for Weekly Disability / Vulnerability Net Rent element Financial contribution of the council (section 23C payment) Care Leaver s living budget / contribution Total ( per calendar month ) (Conversion of weekly rate to calendar monthly: Weekly rate multiply by 52weeks; divide by 12 months) Food: In all arrangements, young persons are responsible for their own meals, utilities and household cleaning, funded from personal income e.g. benefits or wages at a suggested weekly budget of 35 independently disbursed). Staying Put Preparing for A-Level Exams: The fee arrangement is intended to ensure that there is no disruption for the child during this important time in preparing for exams. Once the exam is completed the Staying Put Arrangement will be financed at the standard rate. What is the procedure for making a Staying Put Arrangement? The young person s Social Worker will be responsible for the process from the age of 16 years until the young person s 18 th birthday when the staying put arrangement starts. After this time the Leaving Care Personal Adviser will take over the support of the care leaver and maintenance of the arrangement. The option of a Staying Put Arrangement should be identified within the young people's Care Planning/Pathway Planning process from their 16th birthday onwards, and certainly not later than at 17 years and 6 months, so that the plan is fully agreed and understood by all parties. A Staying Put Arrangement must be agreed by both the young person and the foster carers. Advice about the differences between a foster placement and a Staying Put Arrangement should be given to the foster carer by their Supervising Social Worker and to the young person by their Social Worker. 18

19 If the Pathway Plan agrees the Staying Put Arrangement and the foster carer and young person wish for this arrangement to be made, the Social Worker will no later than 6 months before the young person s 18 th birthday: o Notify the Staying Put Lead Officer and provide a copy of the Pathway Plan. The Staying Put Lead Officer will provide the Social Worker with the necessary documents for the Arrangement: Staying Put Licence Agreement Agreement / Request for Direct Payment of Housing Benefit to Croydon Council Third Party Authority HB Claim Form (relevant pages) Standard Staying Put /Housing Benefit Claim Letter o Make a referral to the Permanence and Placement Stability Panel for authorisation of the arrangement no arrangement can be made unless authorised by the local authority o Advise the SSW so that they can assess the needs of any other child currently in placement, and the impact of the Staying Put Arrangement of any future placements that might be made, and make report to the Fostering Panel No later than 6 weeks prior to the young person s 18 th birthday the Social Worker will convene a meeting with the foster carer and the young person, attended by the Supervising Social Worker for the foster carer and the Personal Advisor from the Leaving Care to complete the Staying Put Agreement (the Licence ). The Agreement will set out clearly what the former foster carer and the care leaver will be expecting from each other. The payments to the former foster carer will be stated in the Agreement. What is the procedure for ending the Staying Put Arrangement? A Staying Put Arrangement may be for a fixed term or can be ended before the young person's 21st birthday by any of the parties, given a minimum 7 days notice or as flexibly necessary. Details of ending the arrangement are stated in the 'Staying Put Licence Agreement'. Staying Put arrangements will end when the young person becomes 21 but if a young person will be at a critical time in their education (e.g. final exam period) at the time when they reach 21 years, terms for the over-lapping period will be considered by Children Services and agreed with the carer. When planning to end a Staying Put arrangement as a young person approaches 21years, it needs to be understood that a young person will no longer be classed as in "priority need" for social housing when they reach 21 years. Adequate long term planning should be undertaken to ensure young person can move on into suitable independent accommodation. 19

20 11. Fostering and Staying Put Regulatory Framework (i) Minimum standards We must be satisfied that the accommodation provided by the "Staying Put carer under the arrangement is suitable and meets the requirements of Regulation 6, 7 & 9 and Schedule 2 of the Planning Transition to Adulthood Guidance, which includes the Care Leavers (England) Regulations "Staying Put" carers will be expected to have in place appropriate liability insurance and suitable household insurance. (ii) Where foster children are living in the "Staying put" arrangement In a "Staying Put arrangement where a foster child is in placement in the household, the following conditions will apply: The carer must remain an approved carer and the Fostering Services (England) Regulations and Guidance 2011 will apply. Checks and requirements under fostering regulations will only be applicable to the fostered looked after child. The "Staying Put policy with requirements under Leaving Care Regulations will apply only to the young person who continues to reside with the former foster carer post-18 under the "Staying Put arrangement. Standard Change of Circumstances process will still be carried out as the "Staying Put young person will be 18 and become an adult member of the foster carer s household. The foster carers will need to be returned to the fostering panel. A valid CRB check will also be required before the "Staying Put young person s 18 th birthday. Subsequently safeguarding and risk assessment checks will generally be carried out. (iii) Where no foster children are living in the "Staying Put" arrangement In a "Staying Put" arrangement where no foster children are in placement, the following will apply: Consideration will be given to the deregistering/ termination of the carer's approval as a foster carer if they are unlikely to be caring for any future foster children. The arrangement will be reviewed to ensure it complies with local authority's expectations safeguarding and risk assessments check on household members and/or regular visitors 20

21 health and safety requirements, including compliance with relevant landlord and tenant requirements regular supervision and support from their fostering supervising social worker, if possible opportunity to attend appropriate training. 12. Staying Put Financial Arrangements Allowances for Young People: From their 18 th birthday, we will stop paying young people a weekly allowance or pocket money through the foster carer or other third party. From this point, young people must claim welfare benefits for all their living expenses. In general, we will take into account benefits claimed before or after their 18th birthday. The "Staying Put carer s allowance will exclude any personal allowance for the young person. This does not however prevent consideration for separate payments as applicable under Section 23C(4) (a), (b) and (c) of the Children Act These payments are disregarded as income in the assessment of young persons benefit claims. Welfare Benefits for Young People: From the age of 16, young people can claim means-tested benefits for their living expenses or personal needs while living with foster carers and during the ""Staying Put" arrangement. At the commencement of this arrangement, all young people must claim benefits for their living expenses. These benefits are Income Support, Employment and Support Allowance and Jobseekers Allowance which are mainly claimed at 18. These benefits are paid at the same DWP personal allowance rates but additional premiums may be paid due to the age of the lone parent or the extent of their disability or health condition. Income Support (IS): At 18 years old care leavers, who remain "estranged" from their family and are in Relevant Education can claim Income Support. Relevant Education as termed under benefits regulations means undertaking a full time non-advanced education of over 12 hours guided learning each week. Normally this entitlement may continue until age 22 if the young person has enrolled or remains on a full time non-advanced course at 21. Non-advanced education includes courses under HND or degree level, such as A-Level, BTEC and NVQ courses. 21