SCOPE OF THIS CHAPTER
These procedures apply to young people who are or have been in care and are entitled to support after their 16th birthday.
There are three categories of those leaving care, all of whom are entitled to support after their 16th birthday. The categories are Eligible, Relevant, and Former Relevant.
These Procedures also refer to Qualifying Young People who may receive support, advice and assistance after their 16th birthday.
Note that when a young person leaves care or transitions to another placement, suitable luggage should be used. A child's belongings should never be transported in bin-bags or other inappropriate containers (see NYAS, My Things Matter Report).
RELATED NATIONAL GUIDANCE
Family Justice Resource Hub (ADCS) - A series of practical resources, such as templates, tools and practice guidance, which will be of interest to those working in the family justice system.
National Probation Service
Reunification of Probation Services - from 24 June 2021, probation services will be delivered by the National Probation Service.
RELATED LOCAL GUIDANCE
This chapter was amended in September 2022 to add a link to the NYAS ‘My Things Matter’ Report – support and respect care-experienced children and their belongings when they move. (See Scope Box above.)
Derby City Council uses a Strengths Based Approach for all work with children and families.
- Expectations and Corporate Parenting
- Local Offer
- Leaving Care Assessment of Need
- Pathway Planning
- Reviews of Pathway Plans
- Joint Housing Protocols for Care Leavers
- Personal Advisers
- Education, Training and Employment
- Young People Resuming Education or Training After 21
- Qualifying Young People
- Where Care Leavers Live or Move to a Different Local Authority Area
- Staying Put
- Care Leavers with Disabilities
- Access to Records
- Appendix 1: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children
The Children and Social Work Act 2017 introduced 3 new provisions:
- A duty on local authorities which requires them to offer Personal Adviser support to all care leavers towards whom the local authority had duties under section 23C of the Children Act 1989, up to age 25 - irrespective of whether they are engaged in education or training. This includes care leavers who return to the local authority at any point after the age of 21 up to age 25 and request such support. (Under previous legislation, local authorities were required to only provide care leavers with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 if a care leaver was engaged in education or training. However, this support was not available to care leavers aged over 21 who were not in education, training or employment);
- A duty on local authorities to consult on and then publish their 'local offer' for care leavers, which sets out both care leavers' legal entitlements and the additional discretionary support that the local authority provides; and
- A duty on local authorities which requires them to have regard to seven 'corporate parenting principles', that will guide the way in which the local authority provides its services to children in care and care leavers.
These are specific requirements in addition to the existing provisions relating to support for care leavers. The Children and Social Work Act does not extend all care leaver support to age 25.
The duty that extends Personal Adviser support (where requested) to all care leavers means that the local authority continues to exercise functions in respect of care leavers to age 25 and should therefore apply the corporate parenting principles when exercising those functions.
The ultimate aim of leaving care services is to support care leavers so that they can experience a smooth transition and go on to live successful independent lives. Each care leaver will reach that point at a different age and there should be no assumption that the duty means that all care leavers will require statutory support until the age of 25. Children are supported to prepare for their future and develop their independence in line with their individual needs, while protecting themselves from being in unsafe situations or with unsafe people.
The duty therefore means that local authorities do not necessarily need to provide the same level of support to care leavers aged 21 to 25 as it does for those aged 18 to 20. The duty does however enable local authorities to respond positively to requests for support from care leavers aged 21 to 25 who may be continuing to struggle with the transition to independence and adult life.
Eligible Young People
They are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday, ending at least 1 day after their 16th birthday and are still in care. (This total does not include a series of pre-planned short-term placements of up to 4 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 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(that is, they have been Looked After for a period, or periods, totalling at least 13 weeks starting after their 14th birthday and ending at least 1 day after their 16th birthday). 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, they will no longer be a "Relevant Young Person".A young person is also "Relevant" if having been in care for 3 months or more, they are 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 their needs in relation to education, training or employment are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
A Young Person Discharged from Being Looked After
Any decision to cease looking after a child aged 16 or 17 who is Looked After other than by virtue of a Care Order, must be approved by the Director of Children's Services. The Director must be satisfied that:
Former Relevant Young People
They are aged 18 or above 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.
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 are 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 and vacation accommodation also continues, as before.
If the Former Relevant child pursues higher education in accordance with their Care Plan, there is a duty to pay a higher education bursary.
To the extent that the Former Relevant child's welfare requires it, 'other assistance' must be provided which may be in kind or, in exceptional circumstances, in cash.
These duties continue until the former relevant child reaches 21 or, where the child's pathway plan sets out a programme of education or training which extends beyond their 21st birthday, they continue for so long as the child pursues that programme.
Former Relevant Children Pursuing Further Education or Training
Specific duties are placed upon the local authority in respect of Former Relevant children who inform the local authority that they are pursuing, or intend to pursue, a programme of education or training. The local authority must:
These duties continue up to the Former Relevant child's 25th birthday.
In this context, the definition of a programme of education or training must be interpreted broadly. For example, this might include options such as: completion of literacy skills, so that the young person has the numeracy and literacy skills needed to compete in the job market or participation in vocational training and apprenticeships.
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 their 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 aged 16 and over and under the age of 21, and are:
'Looked after accommodated or fostered' includes:
Where a local authority looked after, accommodated or fostered a young person, and they are deemed as Qualifying for advice and assistance, the local authority has a duty to take reasonable steps to contact them with a view to advising and assisting them.
This includes financial assistance in relation to expenses incurred in living near the place where the young person is, will be, or is seeking work or where they will be receiving education or training; or where the person is in full time further or higher education, is under the age of 25 and qualifies for advice and assistance, or would have done if they were under 21, assistance in relation to securing vacation accommodation (see Section 12, Qualifying Young People).
3. Expectations and Corporate Parenting
The aim of the Leaving Care Service is to support care leavers so that they can live successful independent lives. Each care leaver will reach that point at a different age and there should be no assumption that all care leavers will require statutory support until up to age 25.
Although each young person will be different, it would be expected that support for care leavers will taper away over time, in recognition of their growing maturity and independence:
- For care leavers aged 16 and 17, the local authority is under an absolute duty to accommodate them, which does not apply once the young person reaches age 18;
- For care leavers aged 18 and up to 21, there is a proactive duty on the local authority to keep in touch with care leavers (section 23C(2) of the Children Act 1989 Act), which does not apply to care leavers aged 21 or over, irrespective of whether those young people are already entitled to support because they are in education or training, or those who are covered by the new duty. Although there is no requirement to proactively keep in touch with all young people aged over 21 up to age 25 throughout the year, the duty (under the Children and Social Work Act 2017) requires local authorities to make care leavers aware that they can continue to request Personal Adviser support as soon as possible after they turn 21; and on at least an annual basis thereafter. This applies regardless of whether a care leaver may have earlier declined the offer of Personal Adviser support. This requirement recognises that care leavers' circumstances may change and confirms that all care leavers are entitled to Personal Adviser support at any time up to age 25. Sending a birthday card to care leavers, for example, presents an ideal opportunity to remind the young person of their entitlement to Personal Adviser support if they need it, through to age 25;
- For care leavers aged 21 or over, the duties introduced through the Children and Social Work Act 2017 - to assess care leavers' needs, and develop and keep under review a Pathway Plan - apply only where the young person requests support.
3.2 Corporate Parenting
The corporate parenting principles apply only to local authorities. Directors of Children's Services and Lead Members for Children should nevertheless ensure that relevant partners understand how they can assist local authorities and apply the principles in relation to the services those partners may provide. 'Relevant partners' include local policing bodies and Chief Officers of Police, local probation trusts and the National Probation Service, youth offending service, clinical commissioning groups, NHS England, schools and educational institutions.
It is important that joint housing protocols cover the support available from a local authority area to care leavers up to the age of 25. Surrey is currently in the process of developing a separate care leavers joint housing protocol.
3.2.1 Corporate Parenting Principles
The Children and Social Work Act 2017 set out seven principles for Corporate Parenting:
- To act in the best interests, and promote the physical and mental health and well-being, of those children and young people;
- To encourage those children and young people to express their views, wishes and feelings;
- To take into account the views, wishes and feelings of those children and young people;
- To help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;
- To promote high aspirations, and seek to secure the best outcomes, for those children and young people;
- For those children and young people to be safe, and for stability in their home lives, relationships and education or work; and
- To prepare those children and young people for adulthood and independent living.
4. Local Offer
All local authorities must publish up-to-date information about the services it offers for care leavers and other services which may assist care leavers in, or preparing for, adulthood and independent living. The local offer should cover health and well-being; relationships; education and training; employment; accommodation; participation in society.
See also: Derby Local Offer to Care Leavers.
5. Leaving Care Assessment of Need
All young people - Eligible, Relevant or Former Relevant - must receive a multi-agency assessment of their needs as to the advice, assistance and support they will need when leaving care.
The young person's social worker will be responsible for coordinating the Needs Assessment, Pathway Plan Part 1.
This assessment should be completed no more than 3 months after the young person's 16th birthday or after the young person becomes Eligible or Relevant if this is later. The timetable must take account of any forthcoming exams and avoid disrupting the young person's preparation for them.
The young person's Care Plan together with information from the most recent Single Assessment will form the basis of the Needs Assessment.
The young person's social worker will be responsible for recording the assessment information and conclusions as well as the outcome of any meetings held. The young person must be invited to any meetings held in connection with the assessment.
The Needs Assessment should take account of the views of the following:
- The young person;
- The parents;
- The current carer;
- The school/college and the education service;
- Any Independent Visitor;
- Any person providing health care or treatment for the young person;
- The Personal Adviser;
- Any other relevant person including, in the case of a young person with special needs, a representative from Adult Services;
- A care leaver's needs in relation to their status as a victim of trafficking or an unaccompanied asylum seeking child must be considered when the local authority is preparing an assessment of needs. Also, to require that, where a child is a victim of trafficking or an unaccompanied asylum seeking child, the local authority must consider whether their related needs are being met when reviewing the child's Pathway Plan (see amended Care Leavers (England) Regulations 2010).
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.
All parties, including the social worker's manager, should sign the completed Needs Assessment Record. The young person should be provided with a copy in a format that is accessible to them within 2 weeks. The social worker is responsible for ensuring that the outcome of the assessment is explained to the young person.
The Needs Assessment will inform the development of a Pathway Plan which complements and forms part of the young person's Care Plan.
Where the young person continues to be Looked After, the Placement Plan should describe what arrangements have been made within the placement to support the Pathway Plan.
When carrying out an assessment of needs, the local authority must determine whether it would be appropriate to provide advice, assistance and support to facilitate a Staying Put arrangement. Where they determine that it would be appropriate, and where the child and the local authority foster parent wish to make a Staying Put arrangement, then the local authority must provide such advice, assistance and support to facilitate a Staying Put arrangement. For further information see the Staying Put Policy.
5.1 Needs Assessment for those aged 21 and up to 25
The government guidance Extending Personal Adviser Support to All Care Leavers to Age 25: Statutory Guidance for Local Authorities (February 2018) highlights that at this stage of their lives young adults needs will vary considerably. Some may need considerable continuing support with transition, whilst others will not take up the offer for continuing support. Therefore there should be a proportionate response, with some benefitting from a continued and full assessment of needs, whilst others who seek help for specific issues have a more focussed assessment which responds to their particular need and level of requested help (see Section 6.1, Pathway Planning for those Aged 21 and up to 25).
For further information see Appendix 1: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children, Appendix 2: Process for Post 21 Support and Appendix 3: Post 21 Assessment Form
6. Pathway Planning
All young people will have a Pathway Plan in place within 3 months of becoming Eligible and, wherever possible, a Pathway Plan will be in place by the young person's 16th birthday.
The Pathway Plan will replace a young person's Care Plan and any Personal Education Plan or Careers advice service will inform and complement the Pathway Plan.
Each young person will be central to drawing up their own Pathway Plan setting the goals and identifying how the local authority 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 must clearly identify the roles of each person who has a part to play in supporting the care leaver.
The Pathway Plan should also include:
- The plan for the young person's continuing education or training when they cease 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 their 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 their 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, recording 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 their identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.
The Pathway Plan must address in particular:
- The young person's health and development building on the information included in the young person's Health Care Plan;
- Education, training and employment. The Personal Education Plan (PEP) should continue to be maintained while the young person continues to receive full or part-time education. Information within the PEP will feed directly into the Pathway Plan. Pathway Plans must have an explicit focus on career planning, taking into account the young person's aspirations, skills, and educational potential;
- Contact with the young person's parents, wider family including siblings and friends and the capacity of this network to encourage the young person and enable them to make a positive transition to adulthood;
- The young person's financial capabilities and money management capacity, along with strategies to develop the young person's skills in this area;
- Where relevant, immigration status should be included as a separate section on Pathway Plans. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate time. Each young person’s personal deadline for converting Pre Settled into Settled Status is unique to them and contained in a digital format – it is important therefore that this is recorded and monitored by the local authority. Plans should contain clear information about what action needs to be taken by whom and when.
The Pathway Plan must identify contingency arrangements that will come into effect to support the young person if, for whatever reason, the planned arrangements are not realised.
The local authority should have a flexible approach to supporting young people; the duty to accept young people aged 16 and 17 years back in to care if a young person's decision to move into semi-independent accommodation, leave care or decline leaving care services is then identified as premature should be borne in mind.
A Financial Summary should be detailed in the Plan, at the latest from the point where the young person leaves care.
Where a transfer from Children's to Adult Services will be required, the Plan should specify who has responsibility for giving notice to Adult Services and liaising with them to ensure a smooth transition.
The Designated Manager (Children in Care) should approve and sign the Pathway Plan for eligible young people.
On completion and approval of the Pathway Plan, all parties involved including the young person should sign it.
The direct payment form should be forwarded to the Finance Section who will process the necessary weekly payments. However, flexible arrangements for weekly cash payments can be really helpful for young people who struggle with budgeting. They can also be of benefit if used with young people who are struggling to engage in education, training or employment or those likely to disengage from the service.
The young person will be provided with a copy of the most up to date Pathway Plan and the contents must be explained.
The young person will have a say about with whom the Pathway Plan will be shared when they leave care. If information is to be shared with a person or agency that the young person has not consented to, they must be informed of this, with reasons, and be given the opportunity to challenge this decision and to be present when the information is shared.
For Former relevant care leavers consent to share information will be sought in accordance with Data Protection legislation.
Those who have a role in implementing the plan should have a copy of the Pathway Plan, at least, of the part relating to their contribution.
6.1 Pathway Planning for those Aged 21 and up to 25
The local authority is required to offer all care leavers a Personal Adviser up to the age 25 and apply the corporate parenting principles when continuing support is agreed or requested.
However, the duty at this stage of a young adult's life is seen as different from the age 18 - 20 in that it enables the local authority to offer support to some individuals who may need continuing support in the transition process. The level of support and intervention will vary considerably; many at this stage of their lives will not require, or want, ongoing help and will not have a Pathway Plan. However, for others:
- There may be multiple issues which will require a Pathway Plan being fully completed and regular contacts, planning/co-ordinating meetings with partner agencies, etc.
- Care leavers may have single or specific issues where they require support and guidance, e.g.
- Pregnancy or becoming a parent;
- Release from custody;
- Mental health issues;
- Risk of homelessness;
- Debt, including rent arrears;
- For advice or guidance on commencing education or training;
- For advice or support following experience of domestic or sexual violence/abuse.
Where care leavers require support with single or specific issues, the Pathway Plan should be completed only in the relevant part that reflects the issues being dealt with.
7. Reviews of Pathway Plans
The Pathway Plan must be reviewed at least every 6 months for care leavers up to age 21. Thereafter, until the care leaver reaches the age of 25, the issues that have arisen which affect the care leaver will dictate how often Pathway Plans will need to be reviewed and updated. However, as a minimum this should be at least every 6 months.
Reviews should take place more often if requested by the young person or the Personal Adviser or where there has been a significant change in the young person's circumstances.
The purpose of the review is to check that the goals and milestones are still right and that they are being met. All levels of support should be reviewed to ensure that they are adequate and delivered according to plan.
For an Eligible Young Person, the date for the first review of the Pathway Plan 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 6 months of becoming a relevant young person.
For a Former Relevant Young Person, the date for the first review will take place within 6 months of the young person's 18th birthday.
Whilst the young person is Eligible, their Independent Reviewing Officer will chair reviews or support the young person to chair.
The review immediately prior to the young person's 18th birthday will agree how future reviews will be conducted, including whether they will involve face to face meetings, and this will be recorded by the Chairperson. In all cases, even when no formal review meetings are held, the Team Manager of the Leaving Care Service will retain a monitoring role, at 6 monthly intervals, to check the progress of the Pathway Plan.
Other participants at reviews should include the young person, Personal Adviser, the social worker (if the case is still allocated) and any other significant person.
The young person's expenses (travelling and subsistence) in attending the review will be met by the local authority.
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 3 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 their 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:
- Their views about the accommodation;
- Their understanding of their rights and responsibilities in relation to the accommodation; and
- Their understanding of funding arrangements.
See also: Placements in Other Arrangements Procedure.
It is good practice for a review to be held within 28 days of any change in the care leaver's accommodation.
Note: Bed and Breakfast Accommodation (B&B) is not considered as suitable accommodation other than in exceptional circumstances. On such occasions:
 Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG).
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 10 working days. The role must not be fulfilled by a YOS worker. The local authority must liaise with the YOS or National 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 their resettlement, including identifying suitable accommodation where the young person's placement had to be given up or has been lost.
There should be a joint housing protocol which maps out how the local housing authority will work with children's social care; the youth secure estate; prisons; the National Probation Service; Youth Offending Services and other interested agencies that may be involved with a young person, to support the release of children from custody and secure accommodation and ensure that adequate pre-release planning is in place and that suitable accommodation forms a central part of this. This should include details such as identifying who will collect the young person and the sources of support after their release.
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 Chairperson and the Personal Adviser. In these circumstances the Personal Adviser will attempt to negotiate a revised plan that is acceptable to all parties (see Section 9.1, Keeping in Touch).
Where contact is lost, the emphasis of the Pathway Plan Review will switch to record how attempts will be made to re-establish contact and these efforts will be reviewed within the established system.
For those aged 21 and up to 25 the frequency of contact between Personal Advisers and care leavers will vary depending on the nature of each individual's circumstances (see Section 6.1, Pathway Planning for those Aged 21 and up to 25).
A route back for the young person to seek support in the future should be kept open and communicated, 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.
Where a Pathway Plan is amended as a result of a review, the Personal Adviser will amend the Plan. Any necessary approval to the amended financial arrangements will be sought from the Designated Manager (Children in Care). Once the changes are approved, the Personal Adviser will send a copy of the amended Plan to the young person, the Chairperson and the Designated Manager.
8. Joint Housing Protocols for Care Leavers
This joint housing protocol sets out the commitments, as corporate parents, local authorities should develop to commission and maintain accommodation for care leavers and how these, through their joint protocols, should be delivered in practice. The Guidance acknowledges the range of help and support care leavers require through a variety of circumstances, together with the duty local authorities have to prevent homelessness. The Guidance also reflects the importance of including the young person's views and feelings together with those who are involved with them.
Local authorities should develop protocols as to how a degree of flexibility and choice could be provided within residency criteria for housing authority allocation schemes. This could include providing looked after care leavers and care leavers:
- Are able to register for social housing with the housing authority of their choice in a two-tier area;
- Are able to register from out of area placements should they wish to return; landlords are engaged and supported to offer accommodation to care leavers;
- Can be registered for social housing in an area where they have been placed and have lived for some time.
Where private tenancies are offered, facilities should be considered where: there is access rent in advance / deposit schemes managed by housing authorities or commissioned providers; there are arrangements for ensuring accommodation is suitable for the young person, as set out in DfE and MHCLG guidance, (where placed under homelessness duties); the local authority will mitigate against the impact of a change in benefit entitlement once a young person reaches the age of 22 ; landlords are engaged, trained and supported to offer accommodation to care leavers, etc. (see Joint Housing Protocols for Care Leavers: good practice advice, Section 2.9 Move on accommodation (DfE and MHCLG)).
For care leavers aged 21 or over the duty to assess needs, and develop and keep under review a pathway plan - apply only where the young person requests support. It is therefore important that joint housing protocols cover the support available from a local authority area to care leavers up to the age of 25.
Although 'unintentional homelessness' is a cornerstone for housing authorities with regard to the prevention and relief of homelessness, the Homelessness code of guidance (section 22.17) states that local authorities should do all they can to avoid the impact of intentionally homeless decisions on care leavers; and through joint working between housing and children's services, give full consideration to the needs and vulnerabilities of the young person. This would include taking into account the young person's emotional and mental well-being, maturity and general ability to understand the impact of their actions. A young person should have a 'Personalised Housing Plan' , (which could be included into their Pathway Plan), if there is a threat of, or actual homelessness, which sets out the steps the local authority and applicant will take to prevent, or relieve, a homeless situation.
It is particularly important to have strong contingency plans in place for care leavers who are identified as being at risk of homelessness. This would include care leavers with a history of placement breakdown, and/or those with additional needs such as mental health issues, learning disability, attachment disorder, substance misuse and experience of offending behaviour.
Protocols should also set out the process to be followed in order to:
- Enable an appeal where a care leaver is not satisfied that the accommodation being provided is suitable;
- Establish ways of resolving disputes, both within and between authorities.
 The Shared Accommodation Rate (SAR) limits the level of housing costs available to care leavers through housing benefit or universal credit to the cost of a room in a shared house. Care leavers are exempt from SAR until they reach the age of 22. From October 2023, the SAR exemption for care leavers will be extended to 25 years as announced in the Budget of February 2020 (from Joint Housing Protocols for Care Leavers: good practice advice, Section 2.9 Move on accommodation (DfE and MHCLG)).
 The Homelessness Reduction Act 2017.
9. Personal Advisers
The Personal Adviser acts as the young person's principal source of contact in any matter relating to the Pathway Plan and is accountable for the effective implementation of the Plan (see also Section 9.1, Keeping in Touch). All care leavers (including those who live out of authority) should be made aware of their entitlement to a Personal Adviser up to age 25.
The Personal Adviser will ensure the co-ordination of other agencies and individuals identified in the Pathway Plan and 'act as a focal point' to make sure the young person has access to the appropriate services, including those provisions to enable them to develop some financial management capability.
The Personal Adviser is seen as a 'function' rather than a specific person and the local authority should consider delegating it wholly or partially to the best person able to carry out the role out (see Part 3, Regulation 8 of The Care Leavers (England) Regulations 2010).
The Personal Adviser should be someone who is best able to engage with the young person and motivate them to take up, and best make use of, the services that are available and provided.
The Person Advisor will be allocated to the young person on or before their 17th birthday, or at the earliest opportunity for later entrants to care. It would be good practice where possible and appropriate for the Personal Adviser to maintain the same person from 18 years from when they were an Eligible or Relevant child. However, this will not always be possible, although the Personal Adviser should have the necessary skills and experience to carry out the function. The transfer of the role should be undertaken in a planned and managed way.
When allocating a Personal Adviser to an individual young person, consideration must be given to the wishes of the young person and to issues of gender, race, religion, linguistics, disabilities and equal opportunities. The assessment of need and a judgment as to who is most appropriate to fulfil the role of Personal Adviser will influence the choice and allocation of worker.
|When a care leaver moves to new accommodation, and the accommodation is unregulated / comes under Section 23B and 24B of the Children Act 1989, the Personal Adviser must see them at that accommodation:
On each visit the Personal Adviser must consider whether the accommodation continues to be suitable for the young person. Visits should be scheduled to take place at the accommodation where the young person lives.
The Personal Adviser must maintain a written record of their contacts 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.
The Personal Adviser will take responsibility for initiating the review of the Pathway Plan and for recording its outcomes.
Personal Advisers must be in regular face to face contact with every care leaver they support. After the 7 and 28 day minimum visits should be no less than 2 monthly. It is important to understand that these are the minimum requirements. Where care leavers develop problems as they assume the responsibilities of adulthood they should expect, and will require, much more frequent personal contact with their PA.
The Personal Adviser will take responsibility for initiating the review of the Pathway Plan and for recording its outcomes.
Care leavers between the age of 21 and under 25 who following a discussion with their Personal Adviser, wish to continue to receive support or those who return later during this period will have an entitlement to resume support from a Personal Adviser previously responsible for their leaving care support.
Depending on the level of their needs, the Personal Adviser's role is expected to reduce over time and become focused on specific issues with an emphasis on enabling the young adult to take increasingly more responsibility – signposting them to other agencies for information and guidance, including further education and training.
Personal Advisers should apply professional judgement when deciding what level of needs assessment is appropriate.
In all cases where support continues to be offered and provided at this stage, a record should continue to be made be made setting out the issues discussed, and details of any support that the local authority has agreed to provide, so that it can be demonstrated what action they have taken in response to the young adult's request for support.
9.1 Keeping in Touch
It is the role of the Personal Adviser to keep in touch with the young person, and to remain informed as to the young person's progress. However, when the young person becomes 'Former Relevant' this may become more of a challenge and will be dependent on the wishes and needs of the individual care leaver.
A route back for the young person to seek support in the future should be kept open and communicated, for example by sending a birthday card, appropriate festive greeting, letter or a leaflet on how to get in touch in the future, including a link, or details, as to how to access the Local Offer. Also ensuring that the young person receives any circulated information about services or events in which they may have an interest.
It should be explained to them that they will be supported to overcome any difficulties they may be experiencing. Where appropriate they should be advised they can return to education or training up to age 25 if this is their wish. (All young people who are Not in Education, Employment, or Training (NEET) should be encouraged to take up this offer of support).
Although there is no requirement to proactively keep in touch with all young people aged over 21 up to age 25 throughout the year, there is a duty which requires local authorities to make care leavers aware that they can continue to request Personal Adviser support when the person turns 21, and on at least an annual basis thereafter.
Care leavers will be contacted at least annually by the Leaving Care Service either via telephone, text, email or letter enabling Care leavers to access advice and support should they need it.
As with any other circumstance involving vulnerable people, the local authority will need to assess the balance between the risk of harm to the individual, and the rights and freedom of care leavers to choose their own lives and lifestyles. In some situations the Personal Adviser may continue monitoring the welfare of the care leaver, and take appropriate action if necessary (as might be expected to occur in the case of any vulnerable adult that comes to the attention of the local authority).
10. Education, Training and Employment
10.1 Planning for Education, Training and Careers
Care leavers must be provided with access to high quality information, advice and guidance to inform their plans in order to progress into continuing education, training or employment. How this will be met should be included in the Pathway Plan. They should be offered work experience and other opportunities to allow them to test their career aspirations and needs. Career planning tools should be used to inform Pathway Plans.
The local authority should make every effort not to disrupt a young person's education during their key stage 4 years, both in terms of their school and care placement unless the circumstances clearly require this (see also Education of Children in Care and those Children with a Social Worker Procedure, Avoidance of Disruption in Education).
Placement arrangements for young people considering attending university, from their 18th birthday to the point they commence higher education courses, must be addressed and agreed well in advance of their 18th birthday. Plans need to be made for the vacation breaks. The local authority should not move a young person participating in a course of education during the academic year after their 18th birthday.
10.2 Care Leavers Continuing in Education
Where young people are continuing with an education or training course beyond their 21st birthday, the practical and financial support being provided must continue to be set out in their Pathway Plan.
Pathway Plans must set out accommodation arrangements, including financial arrangements during term time, short vacations and the long summer vacation.
10.3 The 16-19 Bursary Fund and Higher Education Bursary
The 16-19 Bursary Fund helps 16-19 year olds continue in further education, where they might face financial barriers to participation such as the cost of transport, food or equipment. Young people in the defined group include those in care and care leavers. See the Education and Skills Funding Agency: 16 to 19 education: financial support for students (GOV.UK).
The Higher Education Bursary is for care leavers in higher education.
11. Young People Resuming Education or Training After 21
The definition of a programme of education or training must be interpreted broadly. For example, this might include options such as: completion of a basic skills course, so that the young person has the numeracy and literacy skills needed to compete in the jobs market; take up of a course of further education; take up of a university place; support to enable the young person to complete a recognised postgraduate qualification; or participation in vocational training and apprenticeships.
Care leavers will need support and guidance to help them think about and plan their return to education or training, consider all aspects such as financial support and the impact on their housing or benefits.
Where a care leaver requests this support, an assessment should be made to assess the appropriateness of the education or training course and how it will help them to achieve their ambitions. The leaving care team should meet with the care leaver and, based on the assessment of their needs and the suitability of the course, assign a Personal Adviser to participate in the preparation of a Pathway Plan. The plan must have a specific focus on the support that the care leaver will need to be able to meet the education or training goals agreed. The plan should reflect the agreed educational outcomes for the young person and the type of support the young person will require. This assessment should draw on the information about the young person's skills and capabilities which will have been set out in Pathway Plans up to age 21. The extent of practical and financial assistance provided will depend on the assessment of the young person's needs and will reflect the type of course, whether it is full or part time and the young person's existing income.
12. Qualifying Young People
Services for Qualifying Young People will be determined by an assessment of need carried out by the Leaving Care Team.
Where, following an initial assessment, the authority concludes that support will be necessary over a period of time, a plan should be drawn up that could follow the same format as a Pathway Plan, outlining what support will be provided.The local authority will also take appropriate steps to keep in touch with the Qualifying child in order to discharge their functions under sections 24A and 24B of the children act.
The support offered, which could be financial, will focus upon helping the young person to manage and cope in the community and to manage the transition to adulthood. Attempts will be made to ensure that they are able to access suitable accommodation and maintain social and family links.
Where necessary, in addition to support, practical help should be offered to the young person. This could include helping to acquire basic living skills and consideration of health needs and choices. Where necessary, links will be made with other services and assistance can be provided when they have to have contact with other agencies. Advice and support should also be offered in relation to employment, training and educational opportunities.
Local authorities should also set out what assistance can be provided to young people who are 'Qualifying' as a result of being looked after immediately prior to becoming subject to a Special Guardianship Order or subject to a private fostering arrangement. Local authorities will need to be clear about which local authority is responsible for the provision of services to qualifying young people.
The young person's allocated worker should also help to identify, secure and pay for vacation accommodation, for those qualifying young people who have accessed higher education, or residential further education courses.
Approval for the provision of such financial support must be sought by the young person's allocated worker by making a written request to the Designated Manager (Leaving Care).
The request should specify the type of financial support sought, the reason for the request and the total cost involved.
13. Where Care Leavers Live or Move to a Different Local Authority Area
In some instances, it may be beneficial for care leavers to move to, or remain in, another authority's area:
- They are already living in a foster or residential placement out of the area and being settled there;
- They have been assessed as, or presenting risk if accommodated in the local area;
- They are requiring university vacation accommodation outside the authority area;
- They are wanting to live nearer to a family member or former carer;
- They are moving away to take up employment or training.
Where a care leaver resides in a different local authority area, the local authority must seek to ensure that a service is provided that is commensurate with the service which they would receive if they had remained resident in the area.
Whenever possible, plans for movement of care leavers to a different local authority area must be discussed and the level of service provision agreed with the host authority concerned prior to the move taking place.
A protocol should set out what options may be available for care leavers to settle in another area where they chose to do so. This should include the Personal Adviser contacting the local authority where the young person resides to explore what accommodation options may be available in advance of them leaving care.
Where a young person lives in another area the responsible local authority may wish to contact the authority in which they now reside, with the consent of the young person. This can assist with joint planning for the future accommodation needs of the young person in particular where they may be in need of support from adult social care or mental health services.
Should a young person be found accommodation under any homelessness duty the placing housing authority has a statutory duty (section 208 of the Housing Act 1996) to notify the local housing authority for the area where the young person is placed.
With young people moving to other authorities, a discussion and joint meeting between the respective Leaving Care Teams must be arranged.
14. Staying Put
Under the Care Leavers (England) Regulations 2010 and Planning Transition into Adulthood for Care Leavers Guidance, the local authority must provide information about extending placements post-18, covering:
- The criteria for such extensions;
- How extending placements will impact on the allowances provided by the local authority and whether other funding, e.g. funding for housing related support, will contribute to meeting placement costs;
- Any financial contributions from the young person from their wages, salary, benefits or educational allowances;
- How the income tax, national insurance and welfare benefits situation of carers may be affected by post-18 payments;
- Insurance issues including liability and household;
- The impact on foster carers' fostering registration limits and status;
- Safeguarding arrangements including DBS checks on over 18 year olds and issues relating to fostered children in households.
Young People in Residential Care
For a young person living in foster care, the first Looked After Review following their 16th birthday should consider whether a Staying Put placement should be an option. This will entail assessing the implications for both the young person and the foster carer.
Young People in Foster Care
For a young person living in foster care, the first Looked After Review following their 16th birthday should consider whether a Staying Put placement should be an option. This will entail assessing the implications for both the young person and the foster carer.
Following the young person's 18th birthday, the legal basis on which they occupy the property (former foster home) changes (the legal term is that the young person becomes an 'excluded licensee' lodging in the home) - this should not denote that the young person will be treated differently than they were as a fostered child.
Procedures should be agreed at the outset about how any wish by the carer to bring the arrangements to an end should be managed.
While Fostering Regulations will no longer legally apply to these arrangements, key standards should continue to govern the expectations of the placement when the young person reaches 18. These may be:
- Yearly reviews of the carer(s);
- Reassessment and re-registration every 3 years;
- New DBS checks every 3 years on all adult members of the household, regular visitors and children of the carers aged 18 and over;
- Health and safety checks;
- Regular supervision from the social worker;
- Attending required training.
The local authority will need to assess individual circumstances and consider the appropriateness of all of these checks particularly where the young person is the only person placed/living with their carer/s and it is not envisaged that further children will be placed.
For further information, see Staying Put Policy.
15. Care Leavers with Disabilities
Where the young person has a diagnosed disability and eligible needs under the Care Act 2015, they can be referred to the Preparing for Adulthood (PFA) Team for a Care Act Assessment. This assessment will be based upon the Young Person's needs.
The Care Act assessment will identify the eligible needs and support that can be offered by Adult Care from the age of 18. For people with significant and complex disabilities the assessment may recommend 24 hour support. For others it may provide advice, guidance or offers of support to complement the wider support offer arising from education or care leaving regulations. The adult care assessment, advice, guidance and recommendations should be used to inform the Pathway Plan.
If the Care Act assessment identifies the need for 24 hour support the PFA worker will look at options for accommodating the person. This may be the use of Shared Lives, supported living or residential care. The PFA worker will take the lead in identifying possible options and ensure that the children's worker and Looked After Review are kept up to date with progress.
It is not automatic that the young person's foster carers would become the young person's Shared Lives carers if the need for 24 hour support was identified. Shared Lives placements are reviewed on annual basis and are not a long term provision. There is an expectation that the carers will enable and develop the young person to move on towards independent living.
Similar to Staying Put, Shared Lives requires a financial contribution from the young person.If the adult care assessment does not identify the need for 24 hour support but the Looked After Review and children's worker think the person would benefit from remaining with foster carers a Staying Put arrangement should be considered.
16. Access to Records
Over the course of their lifetime, people who have spent all or part of their childhood and adolescence in local authority care may want to access information about this period in their lives. There can be a range of reasons why people who have left care want to do this, including curiosity about why they came into care; what happened and when; a need to make sense of difficult memories and life events; to clarify disparate explanations; a desire to trace family members; seeking medical information in reference to hereditary illness/disease and also to obtain photos/certificates. For information on access to records by care leavers.