5.7.9 Policy for Care Leavers once Statutory Duties and Responsibilities Cease |
This policy was added to the procedures manual in November 2015.
Contents
1. Policy
Stockport council is committed to the care leavers strategy and charter principles and this policy outlines the Local Authority’s commitment to being a lifelong champion for care leavers as their corporate parents once its statutory duties and responsibilities cease.
2. Policy Context - Statutory Duties and Responsibilities
The Children Act 1989 and Children (Leaving Care) Act 2000 introduced new requirements on local authorities to plan for looked after children so that they have the support they need as they make their transition to the responsibilities of adulthood.
The Children and Young Persons Act 2008 amended the 1989 Act so that:
- Looked after children must not move from accommodation regulated under the Care Standards Act 2000 to other arrangements without a statutory review of their care plan chaired by their Independent Reviewing Officer (IRO). A move to other arrangements would include moving to accommodation, often referred to as semi-independent accommodation, which would not be subject to regulatory inspection by Ofsted;
- Local authorities must pay a Higher Education Bursary to certain former relevant children;
- Care leavers under the age of 25 who wish to take up a programme of education or training will have an entitlement to resume support from a personal adviser (PA) appointed by the local authority previously responsible for providing their leaving care support.
The Care Leavers (England) Regulations 2010 replaced the provisions of the Children (Leaving Care) Act 2000 amending the Children Act 1989 to ensure that care leavers are provided with comprehensive personal support so that they achieve their potential as they make their transition to adulthood. The Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers was revised in January 2015. These duties operate primarily until the young person reaches the age of 21. However, the duties continue beyond a young person’s 21st birthday where they remain engaged in education or training and continue until the end of the agreed programme as set out in their pathway plan or up to 25 years. Statutory duties and responsibilities include:
- Provide the young person with a PA (section 23C(3)(a) of the 1989 Act);
- Review and revise the Pathway Plan regularly (section 23C(3)(b)); and
- Keep in touch (section 23C(2)(a) and (b));
- Responsible authorities’ duty to provide accommodation and maintenance for care leavers ends when they reach 18. However they have duties to:
- Provide general assistance (section 23C(4)(c));
- Provide assistance with the expenses associated with employment (section 23C(4)(a));
- Provide assistance with the expenses associated with education and training (section 23C(4)(b));
- Provide vacation accommodation (or the funds to secure it) to care leavers in Higher Education, or in residential Further Education (section 24B(5)); and
- Provide a bursary (£2,000) to care leavers going on to Higher Education (section 23C(5A)).
3. Procedures
Once the local authority statutory duties and responsibilities cease the local authority is committed to being a lifelong champion.
3.1 Point of Contact- Emergency Advice, Guidance and Assistance
The Leaving Care Team will continue to provide a point of contact for providing advice and guidance to our children at any age and signpost former care leavers to access support and services appropriate to their needs. Emergency assistance may be provided to prevent immediate hardship. The Leaving care Team duty worker will record any contact with former care leavers on the case management system.
3.2. Keeping in Touch Register
The local authority will keep in contact with our care leavers once statutory duties and responsibilities cease. At point of case closure, the Personal Adviser will invite young people to subscribe to our keeping in contact register which will continue to provide a birthday card/ Christmas (Festival) card and annual newsletter for as long as the former care leaver wishes to receive them or until such point that the local authority does not have correct contact details.
Once the local authority cease statutory involvement it is the young person’s responsibility to update the register administrator updated of any changes to their address details. A leaflet about the keeping in contact register and SAE will also be sent after case closure along with the Feedback on leaving care services booklet.
3.3 Annual Care Leaver Newsletter
The care leaver’s newsletter will provide information about what’s new, local updates for support and services for care leavers in partnership with the Care Leaver Forum (CLF). The newsletter will also include details of any reunion events available (during care leaver week).
Care leavers placed by other local authorities living in Stockport will be able to register to receive the Stockport Council Care Leaver newsletter by providing their contact details to the Leaving Care team or completing the subscription form.
The local authority will maintain a keeping in touch register of basic information; name, DoB and address (postal or email as preferred by the young person). Care leavers will be asked to provide consent to the local authority holding this information for the only purposes of keeping in touch as a lifelong champion at point of subscription.
The newsletter will be provided around national care leaver week each year (month of October). Should any former care leaver which to be removed from the keeping in touch register at any time they can contact the Leaving Care team and their request will be provided to the register administrator for their details to be removed.End