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DMRIndependent Fostering Agency Procedures Manual

Preparing Young People for Adulthood and Leaving Care

REGULATIONS AND STANDARDS

The Fostering Services (England) Regulations 2011
Regulation 11 - Independent fostering agencies—duty to secure welfare

Fostering Services National Minimum Standards
STANDARD 12 - Promoting independence and moves to adulthood and leaving care

SCOPE OF THIS CHAPTER

This chapter explains the way in which the fostering Agency promotes independence for young people in its foster placements.

RELEVANT GUIDANCE

The Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers

The Care Leaver's Charter

DfE, Applying corporate parenting principles to looked-after children and care leavers (2017)

RELATED CHAPTERS

Staying Put Procedure

Care Planning Procedure

Contents

  1. Principles
  2. Definitions

  3. Preparing for Independence

1. Principles

Children must be supported to develop their independence in line with their individual needs, while protecting themselves from being in unsafe situations or with unsafe people. The Agency will challenge the local authority when they have concerns about the future plans for the child, including the timing of leaving care. 

In addition, children are supported to:

  1. Establish positive and appropriate social and sexual relationships;
  2. Develop positive self-esteem and emotional resilience;
  3. Prepare for the world of work and or further or higher education;
  4. Prepare for moving into their own accommodation;
  5. Develop practical skills, including shopping, buying, cooking and keeping food, washing clothes, personal self-care, and understanding and taking responsibility for personal healthcare;
  6. Develop financial capability, knowledge and skills;
  7. Know about entitlements to financial and other support after leaving care, including benefits and support from social care services.
  • Foster carers contribute to the development of each child's care plan, in collaboration with the child, including the pathway plan for an "eligible" child, and work collaboratively with the young person's social worker or personal adviser in implementing the plan;
  • The Agency ensures there are comprehensive arrangements for preparing and supporting young people to make the transition to independence. This includes appropriate training and support to foster carers caring for young people who are approaching adulthood. Arrangements are consistent with the young person's care plan, including their placement plan, pathway plan and transition plan for children with disabilities and special educational needs;
  • The Agency has a Staying Put policy and practical arrangements which enable children to remain with their foster carer(s) into legal adulthood, for example so that they may develop appropriate life skills before being required to move to more independent accommodation. Any such decisions are agreed with foster carers at a placement meeting and are detailed in a child's placement plan. See also Staying Put Procedure.

2. Definitions

2.1 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 and ending at least one 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). The local authority has a duty to support these young people up to the age of 18, wherever they are living.

The local authority is required to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser (see Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review (England) Regulations 2010).

2.2 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 they were Looked After. However, if after leaving the looked after service, a young person returns home for a period of 6 months or more to be cared for by a parent, they will no longer be a "relevant young person".

A young person is also "relevant" if, having been looked after for 3 months or more, they are then detained after their 16th birthday either in 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.

The local authority is required 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 (see Regulations 4 to 9 of the Care Leavers (England) Regulations 2010).

2.3 Former Relevant Young People

They are aged 18 or above and have left care having been previously either "Eligible", "Relevant" or both. The local authority is under a duty to consider the need to support these young people wherever they are living.

Under Regulations 4 to 9 of the Care Leavers (England) Regulations 2010, there are statutory requirements for the local authority 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.

If the Former Relevant child pursues higher education in accordance with their Care Plan, there is a duty on the local authority to pay a higher education bursary.

To the extent that the Former Relevant child's welfare requires it, 'other assistance' must be provided by the local authority 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.

2.3.1 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:

  • Carry out an assessment of the needs of the Former Relevant child with a view to determining what assistance (if any) it would be appropriate for the local authority to provide;
  • Prepare a Pathway Plan;
  • To the extent that the Former Relevant child's educational or training needs require it, provide financial assistance by:
    • Contributing to living expenses; or
    • Making a grant to meet expenses connected with the education and training.

These duties continue up to the Former Relevant child's 25th birthday.

In each case where a care leaver requests this support for education purposes, 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.

Care leavers between the ages of 21 and up to 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. In some instances, care leavers will continue to require considerable support and need a comprehensive Pathway Plan, whilst others may require more focussed support with only the relevant sections of the Plan completed. Personal Advisers should apply professional judgement when deciding what level of needs assessment is appropriate.

2.4 Qualifying Young People

They are over aged 16 and over and under the age of 21, and are:

  • Subject to a Special Guardianship Order (or were when they reached 18) and were looked after immediately before the making of that Order;
  • At any time after 16 (but whilst still a child), were (but no longer are) looked after, accommodated or fostered;
  • Privately fostered but do not qualify as Eligible, Relevant or Former Relevant.

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.

They may receive support, advice and assistance (including, in exceptional circumstances, cash or accommodation) wherever they are living.

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 he was under 21, assistance in relation to securing vacation accommodation.

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:

  • The child's wishes and feelings have been ascertained and given due consideration;
  • The child's Independent Reviewing Officer has been consulted;
  • The child's relatives have been consulted, where appropriate.

2.5 Personal Adviser

A Personal Adviser is the person appointed to work in relation to the Relevant child or Former Relevant child, on the young person's 16th birthday, and has a key role in preparing the young person for independence and providing support after they cease to be looked after. They will hold a pivotal role (where applicable) in the assessment, planning and review of services as set out in the Pathway Plan, and will co-ordinate with other agencies as necessary.

2.6 Leaving Care Assessment of Need

All Young People - Eligible, Relevant or Former Relevant - must receive a Multi-Agency assessment of their needs covering 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.

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 young person's Care Plan together with information from other recent assessments 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:

  1. The young person;
  2. The parents;
  3. The current carer;
  4. The school/college and the education service;
  5. Any Independent Visitor;
  6. Any person providing health care or treatment for the young person;
  7. The Personal Adviser;
  8. Any other relevant person including, in the case of a young person with special needs, a representative from Adult Services.

2.7 Pathway Plan

The fostering Agency will actively support and participate in preparing and reviewing the young person's Pathway Plan and, as part of this; the foster carers should support the Personal Adviser to identify the ways in which they can provide practical, financial and emotional support to young people as they become independent.

The Pathway Plan will cover some of the following key areas:

  • Health;
  • A plan for education, training or employment;
  • Support to develop and keep appropriate family, social and sexual relationships;
  • A programme to develop practical skills to live independently;
  • Budgeting and money management;
  • The young person's accommodation needs including any adaptions for a young person with a disability;
  • What is needed to provide the young person with support.

In addition, all local authorities are required to publish a 'Local Offer' for care leavers, advising them of the support and assistance that they provide up to the age of 25.

For children in year 9 and above, it would be helpful for foster carers to have familiarity with the opportunities and support available, (particularly from the respective Responsible Authorities), and be able to discuss these with the young person when appropriate. Be mindful also that the Local Offers will change and develop over time.

See also: Staying Put Procedure

3. Preparing for Independence

Regardless of the age of the young person in the placement, their need to develop skills so that they can become as independent as possible should be borne in mind and they should be encouraged to take responsibilities when they are able to do so.

Foster carers are expected to give the young person opportunities at appropriate times to practice independence tasks such as cooking, washing and ironing, within the foster home.

Young people should, from time to time, be involved in supermarket shopping with the carers and should be helped to compare value for money of different items. They should be helped to understand the relative expense of convenience foods and of fresh foods.

Foster carers should help children learn to prepare food and drinks, from making tea and coffee, to preparing cold and later hot snacks, and on to preparing simple meals. Sometimes, a camping, caravanning or self-catering holiday can provide a fun opportunity to develop these skills.

Children should be encouraged and supported to set up a long term savings account, foster carers have a responsibility to help children develop money management skills.

As the child matures, they should gradually be given responsibility for paying for certain of their own needs from their pocket money. Examples could include comics or magazines, leisure activities, toiletries and mobile phone vouchers.

Foster carers should use the ordinary course of events within their household to make children aware of the process of paying bills, and of the ease with which debts can build up. Young people should be helped to understand the dangers and consequences of this.

When a child leaves care or transfers to another placement:

  • Plan 'goodbyes' for friends and family members that the child is close to;
  • Ensure they have their 'Life Story Book';
  • Make sure they have all their belongings;
  • All important documents, such as their passport, school accreditations/certificates, etc. go with them;
  • They are clear about any medications they may have and where their GP is situated (if different). If required, their next carer or placement should have these details provided to them;
  • The child's belongings are moved in a suitcase or holdall and never be transported in bin-bags or other inappropriate containers (see NYAS, My Things Matter Report).