Staying Put

1. Introduction

See West Berkshire Staying Put Agreement Form.

A Staying Put arrangement is where a Former Relevant child, after ceasing to be Looked After, remains in the former foster home where they were placed immediately before they ceased to be Looked After, beyond the age of 18.

It is the duty of the local authority:

• To monitor the Staying Put arrangement; and
• To provide advice, assistance and support to the Former Relevant child and the former foster parent with a view to maintaining the Staying Put arrangement (this must include financial support), until the child reaches the age of 21 (unless the local authority consider that the Staying Put arrangement is not consistent with the child's welfare).

Under the Care Leavers (England) Regulations 2010, Planning Transition into Adulthood for Care Leavers Guidance and Government Guidance Staying Put - Arrangements for Care Leavers Aged 18 and Above to Stay on With Their Former Foster Carers (2013), the Local Authority must provide information about extending foster placements post-18.

The intention of Staying Put arrangements is to ensure that young people can remain with their former foster carers until they are prepared for adulthood, can experience a transition akin to their peers, avoid social exclusion and be more likely to avert a subsequent housing and tenancy breakdown.

(Note that the term 'arrangement' should be used rather than 'placement' - the term 'placement' denotes a situation where the local authority arranged and placed the child with a foster carer. Once the child reaches the age of eighteen and legal adulthood, the local authority is no longer making a placement, but facilitating a Staying Put arrangement for the young person.)

Consideration will need to be given to the impact on foster carers' approval and their terms of approval, including the numbers approved for, and whether this number includes the Staying Put young person.

Young people living with foster carers supported by independent providers should be treated in the same way as those young people living with local authority in-house foster carers when consideration is given to a 'staying put' arrangement. Local authorities should have discussions with independent fostering providers at an early stage regarding the option of a 'staying put' arrangement. Please refer to to the South Central Independent Fostering Agency (IFA) Contract: "Staying Put" Protocol. This discussion should include the amount of allowance the local authority will pay the former foster carer.

If a young person feels that his/her wish to remain with their former foster carer has not been properly considered by the local authority or they are unhappy with the way in which the local authority has acted, they may wish to speak to their Independent Reviewing Officer who chairs their reviews before they turn 18 and request a review of their Pathway Plan. The young person should be told of their right to use their local authority's complaints procedure to voice their concerns, and of their right to have an independent Advocate.

Note: Where a Staying Put arrangement is in place, the local authority, where appropriate, may consider delegating part of the Personal Adviser function to the foster carer (See Leaving Care and Transition Procedure, Personal Advisers).

2. Entitlement to Stay Put

In West Berkshire the Stay Put arrangement applies to all young people who were previously eligible children living in foster care, and who were Looked After immediately prior to their eighteenth birthday, regardless of whether the young person is undertaking full or part time education, training or employment or none of these activities.

The young person can Stay Put until their 21st birthday or if they are on an agreed programme of education or training on their 21st birthday, when the course is completed.

When an eligible young person has a disability and will be supported by adult services their placement could become a Shared Lives / Staying Put placement. In this case, where this policy and procedure refers to Staying Put it will also include Shared Lives.

3. Planning

Discussion should start with the young person and foster carer regarding the option of staying put as early as possible, ideally before the young person reaches the age of 16. The option of Staying Put should be identified within the young person's first Care Planning / Pathway Plan completed after their 16th birthday. 

If this has not already been done, the first Looked After Review following his or her 16th birthday should consider whether a Staying Put arrangement should be an option. This will entail assessing the implications for both the young person and the foster carer.

When carrying out an assessment of an Eligible child's 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.

The transition or leaving care worker should inform their Manager if a Staying Put Arrangement has been identified as an option and is being considered by the young person and foster carers. The Manager must inform the Service Manager and Family Placement Team.

An arrangement to Stay Put 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 Young Person and Carers by the transition or leaving care worker, in order for both parties to make an informed decision about proceeding with the arrangement.

Occasionally young people or carers may change their minds after making an initial decision about Staying Put. The system should always allow both young people and foster carers to change their minds about establishing a Staying Put Arrangement, but care should be taken to avoid disruption to a young person's education at a critical time.

The appropriate worker will convene a Staying Put Support meeting immediately prior to the young person's 17th birthday, and in collaboration with the young person and foster carer and the Family Placement Social Worker complete a Staying Put Agreement. The purpose of the Staying Put Agreement meeting is for both the former foster carers and the young person to appreciate what is expected of each other.

The young person's Pathway Plan (which may be superseded by a 'Staying Put agreement' from age 18) should set out all of the practical arrangements regarding the young person remaining as a young adult in the Staying Put arrangement. It should set out the 'ground rules' of the household as well as the areas of responsibility that all parties to the arrangement are expected to fulfil. Many of these will be an extension of the expectations on them when they were a foster child. This will cover arrangements such as:

• Preparation for adulthood and independence tasks;
• Finance, including young people having credit cards, loan agreements and mobile phone contracts registered at the address;
• Income and benefit claims;
• Friends and partners visiting and staying at the address;
• Staying away for nights/weekends and informing carers of movements;
• Education, training and employment activities;
• Health arrangements;
• Move-on arrangements;
• Issues related to younger foster care children in the placement, i.e. safeguarding, being a positive role model and time-keeping.

It should be assessed from the outset how the arrangement will help the young person develop the skills required for independent living once they move on. They should be supported to continue to develop a range of skills including:

• Relationships - getting on with neighbours; understanding acceptable behaviour; when and how to communicate with relevant professionals;
• Emotional Resilience - managing isolation and where to go for support. Building self-esteem;
• Finance and budgeting - opening a bank account, safe borrowing and managing debt, understanding basic financial products, benefits and welfare reform; budgeting for priority bills, household appliances and everyday shopping on a budget;
• Cooking - cooking healthily and on a budget; understanding nutrition and its impact on overall health;
• Managing a home - washing and ironing, cleaning, basic DIY, operating appliances and what is allowed within a tenancy; and
• Applying for jobs - understanding strengths and areas for personal development; developing job skills, understanding job/volunteering pathways and support available; understanding bursaries and other financial support; where to go for advice; understanding the impact of work on benefits.

The Pathway Plan should identify an intention to establish a Staying Put Arrangement. A Staying Put Agreement should be completed before the Staying Put Arrangement begins.

The Accommodation and Resource Panel must be informed of and approve payment no less than one month before the young person's 17th birthday. The worker must ensure all financial arrangements are conveyed to accountancy and exchequer. If they young person is deemed vulnerable arrangements should be made to pay housing benefit directly to the carer or Children's Services as agents.

Staying Put Agreement and if required a Licence Agreement should be completed prior to the commencement of the Staying Put Arrangement.

4. Legal Status and Safeguarding

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. In addition, the carer may also become, and be deemed, the young person's landlord/landlady.

The associated change from foster child to adult member of the household, and for the carer from foster carer to Staying Put carer, (technically the young person's landlord) should be carefully and sensitively planned in order to ensure that both young people and the carer/s understand the nature of the arrangement and that the positive aspects of being in foster care are not diminished by the new legal and financial arrangements and terminology.

These should include in all cases but particularly in cases where there are no foster children living in the carers home:

• A written set of standards and expectations that make explicit and clear what the implications of the change from being Looked After to being in a Staying Put arrangement, including what the young person and the carer can reasonably expect of each other and of the local authority;
• A system for reviewing and approving the Staying Put arrangement and carer/s to ensure that the arrangement complies with local authority expectations;
• Safeguarding and risk assessment checks on household members and in certain circumstances regular visitors;
• Health and safety requirements (as a minimum this should comply with landlord and licensee/tenant requirements);
• Regular supervision and support, possibly, from their fostering supervising social worker; and
• Opportunities to attend appropriate 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. In circumstances where it is clear that the carer will not be fostering any further children, it may be deemed appropriate to terminate their approval as a foster carer. In situations where it is possible that they may foster again in the future, it would be inappropriate to terminate their approval, given the length of time that re-approval would take. Where a foster carer's approval is terminated, it will be necessary to ensure that the Staying Put arrangement continues to meet appropriate standards.

Safeguarding arrangements will need to be sufficient, including Disclosure and Barring Service checks on over 18 year olds and issues relating to fostered children in households. Where foster children are in placement, the foster carers will need to be returned to the fostering panel due to a change in circumstances as the child/young person Staying Put will have reached adulthood and become an adult member of the fostering household. As such, they will require a valid Disclosure and Barring Service check. To ensure that the check (and possible subsequent risk assessment) is completed by the child/young person's eighteenth birthday the process will need to commence in sufficient time.

Where Foster Children are Living in the Staying Put Arrangement

Where fostered children are living in the household, the checks and requirements associated with fostering legislation will apply and will provide a framework for safeguarding and checking arrangements for the whole household.

In these situations the carer must remain an approved foster carer and the Fostering Services (England) Regulations and Guidance will apply with the consequential requirements of supervision, review and safeguarding. Whilst the fostering legislation will primarily apply to the placements of the fostered children, it does ensure that a system of approval, checking and supervision is applied to the whole household.

Additionally, where foster children are in placement, the foster carers will need to be returned to the fostering panel due to a change in circumstances as the child/young person Staying Put will have reached adulthood and become an adult member of the fostering household.

Young people remaining in a foster care household at the age of eighteen will become adult members of the household and will require a valid Disclosure and Barring Service check in settings where a foster child or foster children are living. To ensure that the check (and possible subsequent risk assessment) is completed by the young person's eighteenth birthday the process will need to commence in sufficient time.

5. Support for Foster Carers, Roles and Responsibilities

The young person will continue to have a named worker provide them with support while they are in a Staying Put placement. They will complete Pathway Plans and will work with the carer to support the young person to develop the skills they will need in adult life. The worker will ensure that the young person understands the terms of the Staying Put Agreement. This may include reinforcing what the young person is expected to purchase from their salary, benefits or DLA, supporting the young person to apply for relevant funding and benefits, and helping them to establish a method of making any regular payments such as Local Housing Allowance to the former carer according to the terms of the agreement.

For West Berkshire carers, the Supervising Social Worker will continue to provide support to the carer. The Family Placement Team's role will involve supporting the carer to understand the nature of the Staying Put Arrangement, their entitlement to funding and advise the carer about their changing role with the young person under the Staying Put Arrangement. They will provide written advice about tax and national insurance implications and personal liability insurance will be given to the foster carers and where appropriate they will be referred to the Citizens Advice Bureau for guidance.

For Foster Carers who work for an Independent Fostering Agency, West Berkshire will either negotiate with the agency to continue to provide support for the carer or will provide support themselves. They will support the carer to understand the nature of the Staying Put Arrangement and their changing role with the young person under the Staying Put Arrangement.

When a foster carer has a young person staying put in their house West Berkshire would want them to remain registered as a foster carer. This will bring them the support of the Family Placement team and the foster care association. While the role will change the council would want to maintain the same quality of care for the young person.

The young person will need a licence agreement from the carers which sets out the nature of the licence agreement and a breakdown of the costs. This will be used by the Housing Benefits Department to maximise the housing benefit for the young person. In addition a Staying Put agreement will be put in place setting out the expectations of both the carer and the young person. This will be developed with the support of the young persons worker.

The foster carer will have been supporting the young person in their care and helping them to develop self help and independent living skills during the time they have been living with them. This role will change as the young person becomes older and moves towards adulthood. The Pathway Plan will clearly set out the areas for development and what the young person needs to do to achieve those goals. All young people will need to be encouraged to become as independent as possible.

Carers will continue to be registered as carers and undergo an annual review and comply with the National Standards.

The local authority will discuss with the former foster carer whether they require any particular training and guidance to help support the young person. The type of support that a former foster carer will need to provide in a 'staying put' arrangement is likely to be different to that they provided when fostering the young person. It should be explored with the former foster carer the type of training and support they think they will require, particularly in helping the young person develop their independent life skills. Whether the former foster carer is from the local authority or an independent fostering service, careful consideration should be given to continued support which could include peer support.

6. Financial Implications

Whilst the level of financial support payable will depend upon individual needs and circumstances, former foster carers will be paid an allowance that will cover all reasonable costs of supporting the care leaver to remain living with them. Clear information will be provided to foster carers on the financial support which may be provided for staying put arrangements, in order to help foster carers plan well in advance whether they wish to participate in such arrangements.

It will be necessary to consider:

• 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 Staying Put costs;
• Whether additional allowances provided when the child was a foster child to ensure they were embedded in the family will continue, for example holiday allowances, birthday and Christmas/festival allowances;
• Any financial contributions from the young person from their wages, salary, benefits or educational allowances. Depending on their circumstances, young people who remain in a Staying Put arrangement may be able to claim means tested benefits for their personal needs from their eighteenth birthday;
• How the income tax, national insurance and welfare benefits situation of carers may be affected by post-18 payments. Where a young person continues to reside with their former foster carer after their eighteenth birthday on a non-commercial and familial basis, and the child was Looked After immediately prior to their eighteenth birthday, and the payments are made by the local authority to the carer under section 23C of the Children Act 1989 (continuing functions in respect of former relevant children), then the payments are disregarded in calculating the carers entitlement to means tested benefits. When a commercial arrangement is made, (i.e. any element of the cost of the arrangement comes from a source other than section 23C), the non-section 23C element will be taken into account in the calculation of the carer's own means tested benefit claim;
• Insurance issues including liability and household insurance. Staying Put carers should be provided with information about liability insurance cover in situations where Staying Put young people may make an allegation against a foster child in placement, or against their Staying Put carer/s, or an allegation is made against the Staying Put young person. The majority of foster carers hold public liability insurance.

The local authority will explain to the young person their full entitlements, including how they will provide the young person with their leaving care grant once they move on from a 'staying put' arrangement and live independently.

6.1 Staying Put Allowances

Former foster carers will be given information about the income tax and national insurance implications of the Staying Put Arrangement. Former carers can qualify for care relief for Staying Put if it is an arrangement that has been made by the local authority and payment is made by the local authority. Guidance is available on HM Revenue and Customs Help sheet 236 or from "Staying put", Arrangements for Care Leavers aged 18 and above to stay on with their former foster carers - DfE, DWP and HMRC Guidance, May 2013.

HMRC have stated that the same arrangements that apply to Adult Placement 'Shared Lives' carers should apply to former foster placements if the carer continues to provide support, and continues to receive the same level of payment.

For carers who are in receipt of welfare benefits, advice will be given about whether Staying Put payments will be disregarded or considered as income for means tested benefits. These payments may include:

• Rent payments paid to the carer;
• Payments from the young person to the carer;
• Payments from West Berkshire to the carer (made under The Children Act 1989).

A young person may not be able to claim Local Housing Allowance if the Carers are already in receipt of Housing Benefit or Local Housing Allowance to meet their own housing costs.

In circumstances where all the funding for a Staying Put Arrangement comes from the Communities Directorate budget, the payment can be made under Section 24 of The Children Act 1989 or 'Shared Lives'. In these circumstances, a letter should be written to the former carer by the Manager confirming that payments are being made under Section 24 of the Children Act 1989 or 'Shared Lives', and that the payment should be disregarded for income tax and benefit purposes.

Legislation regarding the treatment of payments to the carer is complex, and individual financial circumstances vary, and it may be necessary to advise the carer to seek specialist advice (from Citizens Advice Bureau, for example) about their specific circumstances and the effect of the Staying Put Arrangement on their tax, national insurance, welfare benefits, and working tax credit or child tax credit.

West Berkshire will support carers and ensure that their entitlements are not affected by allowing a young person to 'Stay Put'. In line with guidance from the DWP, West Berkshire has distinguished between the four broad groups of carers within the "Staying Put" Scheme:

1. Carers who are not in receipt of any means tested benefit where setting a commercial rent and young people claiming Housing Benefit would not have an impact on the "Staying Put" carers. In these circumstances young people claim Housing Benefit as a contribution towards the "Staying Put" arrangement for the rent element. The fact that this is a commercial arrangement and the "Staying Put" carers receive part of the payment from section 23C and part from the young person, via contributions, or housing benefit is immaterial as the carer is not claiming benefits;
2. Carers who are in receipt of Pension Credit where income from 'Boarder' arrangements are disregarded in calculating their entitlement to Pension Credit and Housing Benefit. In these circumstances young people claim Housing Benefit as a contribution towards the "Staying Put" arrangement for the rent element. The fact that there is a commercial arrangement is immaterial as those in receipt of Pension Credit have any income from a 'Boarder' arrangement ("Staying Put") disregarded;
3. Carers who are in receipt of a means tested benefit where Children's Services continues to pay the entire allowance to the "Staying Put" carer from section 23C. This is not therefore deemed a commercial arrangement and as the payment is wholly from section 23C it does not affect or have any impact on the carer's own benefits;
4. Carers who are in receipt of a means tested benefit where young people claim Housing Benefit as a contribution towards the "Staying Put" arrangement for the rent element and Children's Services provide the remainder from Section 23C, and an additional compensatory payment from section 23C equivalent to the amount of benefit lost by the carers. Whilst this does becomes a commercial arrangement and carers lose an element of their means tested benefits, the payment made by Children's Services to compensate for the lost amount of benefit will, itself, be disregarded if it is paid from section 23C.

Early planning by the worker and identification of the benefits and financial circumstances of individual carers is critical to ensure that appropriate plans and arrangements are in place for both the carer and the young person.

If the carers are tenants themselves, it is advisable for them to check their tenancy agreement and ensure that their lease allows them to have a lodger. If the carers are mortgage payers it is advisable for them to check whether having a lodger is within the terms and conditions of their mortgage lender and insurer.

For West Berkshire carers the total package of financial support will, in the first year, match the foster allowance made to carers however for young people who are moving towards independent living, payment will be on a sliding scale and reduce as the young person becomes more independent. Where appropriate the young person will be expected to make a contribution to their living costs. For young people who are supported by DCT, individual fees will be agreed according to their need and the contributions they can make from their payments.

For young people who have specific needs and are in Independent sector fostering, rates will be negotiated to reflect the level of support the young person will need. In these cases payment will be approved by the Accommodation and Resource Panel.

Where the young person is Staying Put and is receiving JSA or Income Support they will retain this funding and it will be deducted from the carers payment. This will enable the young person to purchase things that would previously have been included in the fostering allowance, and is intended to enable the young person to develop budgeting skills. This would include clothes and toiletries, and should cover social and leisure activities.

The financial package for the former foster carer from the authority will be equivalent to that received through fostering allowance excluding housing benefit and the JSA or income support allowance which are paid to the young person. Make up of payment and payment scales for local foster placement:

The following figures are reviewed and updated on an annual basis.

As set out above payments for young people with disability will be individually arranged and agreed through the Accommodation and Resource Panel.

The young person can usually claim Local Housing Allowance and as a Care Leaver will be exempt from the single room rent restriction. The Local Housing Allowance is usually paid direct to the young person and they will be expected to maintain arrangements to pay this to the former carer.

If the young person does not make these payments of Local Housing Allowance to the carers:

• It will result in the placement ending;
• It may impact on their future ability to claim LHA;
• If the failure to pay results in the Staying Put Arrangement being terminated the young person may be considered to be 'intentionally homeless' by the local housing authority.

6.2 Financial Contributions From Young People

The young person will be expected to contribute to the cost of their placement through any wages, housing or other benefits. The worker will look at the young person's budget to establish what their contribution will be to the cost of the Staying Put arrangement. Where appropriate the worker will help the young person to maximise their entitlement to benefits. Consideration should also be given to ensure that applications for benefits do not discourage a young person from obtaining or maintaining part or full-time employment.

The worker will, in conjunction with the young person, follow up these claims for benefits until a decision has been made and a payment commences. In certain circumstances it may be necessary for the worker to agree with the Service Manager contingency arrangements so that the former carer's remuneration is not disrupted.

When a young person is Staying Put they will be responsible for providing their own clothing, toiletries, equipment for college or work and transport, this will be funded through their salary, JSA or education bursary. JSA is currently £57.90, £10 will be paid to the carer towards living costs and the young person will keep £47.90. However if the young person's total average income through benefits, DLA and any work they do exceeds £57.90 (over a 6 week period) they will be expected to contribute 50% of their income over £57.90 towards the placement costs up to a maximum of £50 per week contribution. Amounts payable would be adjusted if the young person is in receipt of additional income.

If a young person's income varies on a weekly basis, it may be averaged over a six week period to determine the level of the young person's contribution to the Staying Put Arrangement.

The young person will keep the equivalent JSA of their income. It is intended that this money will be managed by the young person and used for things like toiletries and clothes, which will previously have been provided for the young person by the foster carer, from the fostering allowance. They would be expected to contribute 50% of the next £100 of their income, up to a maximum contribution of £50 per week.

The worker will continue to encourage the young person to access employment. This may mean the contribution from the community services will be higher as they may be unable to claim Local Housing Allowance.

Where a young person's level of income is so low that they are unable to contribute the former foster carer will suffer no detriment, and if necessary the council will make the provision where it cannot be found from another source.

6.3 Means Tested Benefits

Where:

• A young person continues to reside with their former foster carer after their eighteenth birthday on a non-commercial and familial basis; and 
• The child was Looked After immediately prior to their eighteenth birthday; and 
• The payments are made by the local authority to the carer under section 23C of the Children Act 1989 (continuing functions in respect of former relevant children);

then the payments are disregarded in calculating the carers' entitlement to means-tested benefits.

When a commercial arrangement is made, (i.e. any element of the cost of the arrangement comes from a source other than section 23C), the non-section 23C element will be taken into account in the calculation of the carer's own means-tested benefit claim.  

Additionally, the disregard is lost on the whole payment (section 23C and non-section 23C elements) when the young person first leaves the Staying Put arrangement, should the young person return to their former foster/Staying Put carer or move to another carer after their eighteenth birthday.

6.4 Housing Benefit/Universal Credit

There may be Housing Benefit implications as a result of Staying Put Arrangements. Housing Benefit is, however, being replaced by Universal Credit. Individual advice will therefore need to be obtained.

6.5 Council Tax and Council Tax Benefit

The position regarding Council Tax will vary depending on the circumstances of the carers, the number of adults in the household and the activity that the young person is engaged in.

Young people undertaking full time education are 'invisible' for council tax purposes.

6.6 HM Revenue and Customs (HMRC), Income Tax and National Insurance

For HMRC purposes only, there is a broader definition of 'Staying Put'. A 'Staying Put' carer (for HMRC purposes only) does not need to be a registered foster carer or former foster carer. This means that young people are able to return to a different Staying Put carer between the age of 18 and 21 (or until the completion of an education or training course) - for example during a university vacation. 

Where a Staying Put arrangement meets the HMRC qualifying criteria (and where the young adult continues to be cared for as a member of the carer's family) the Income Tax and National Insurance rules that apply to foster carers are extended to Staying Put carers. The young people are required to share the Staying Put carers' home and daily family life during the placement' i.e. live as a 'member of the carer's family'. This system provides for foster carers and/or Staying Put carers to earn up to a given amount without paying Income Tax or Class 4 National Insurance Contributions on their caring income.

The Income Tax free allowance consists of two elements. Firstly, a fixed amount per foster care or Staying Put household. Secondly, an additional amount per week per child. 

Where there is more than one paid Staying Put carer in the household, the allowance is shared equally by both carers.

The tax free allowance only applies to the Staying Put carer's income from caring. If they have income from other sources, they will pay tax on that income in the normal manner.

Individual carers can consult their local HMRC office for guidance on their circumstances and liabilities.

For National Insurance Contributions purposes, in practice HMRC will treat the taxable profit from foster care or Staying Put care as earnings from self-employment. Foster care and Staying Put care is deemed as self-employment and as such carers should register as self-employed. All self-employed people aged 16 and over who are below State Pension age are liable and must register to pay Class 2 National Insurance Contributions.

6.7 Insurance (Including Liability and Household Insurance) 

It is advisable for carers to inform the Insurance Company providing their household insurance when a young person is no longer a fostered child but remaining in their home as an adult lodger, and to check that existing insurance arrangements still provide adequate household cover under this arrangement. Foster Carers are currently covered for legal protection insurance provided and paid for by West Berkshire Council, if an allegation has been made against them by a foster child. Carers must be informed that this legal protection insurance cover does not continue under a Staying Put Arrangement.

7. Young People Attending University and Other Settings Away from Home

Living away from the former foster carer's home for temporary periods such as attending higher education courses should not preclude a 'staying put' arrangement. This might include a residential further education institution; undertaking induction training for the armed services or other training or employment programmes that require a young person to live away from home.

8. Interface with Adults Services

The Staying Put framework is aimed at former relevant children who require an extended period with their former foster carer/s due to delayed maturity, vulnerability and/or in order to complete their education or training. Where young people have an on-going cognitive disability and meet the adult services Fair Access to Care Services criteria (Putting People First), foster placements should be converted to Adult Placements/Shared Lives Arrangements when the child reaches their eighteenth birthday. This is important to ensure that both the young person and the carer have a formal regulatory and safeguarding framework that addresses their respective needs.

9. Monitoring and Review Arrangements

Staying Put Arrangements should be reviewed at a minimum of every six months. The review will be organised by the social worker and should review any problems or difficulties which have emerged and what is working well.

A review can be arranged earlier by agreement between the young person, carers, and the professionals involved.

10. Ending of Staying Put Arrangements

The Staying Put arrangement extends until:

• The young person leaves the Staying Put arrangement;
  
  or

• The young person reaches their twenty-first birthday;
• The young person is on an agreed programme of education or training on their 21st birthday so when the course is finished if this is agreed in advance;
• The young person breaches the agreement.

Local authorities may wish to continue supporting a young person beyond age 21 if it meets their individual needs, such as finishing their course of education.

The local authority will want to ensure that the end of a 'staying put' arrangement is not another 'cliff edge' for the young person but a gradual transition to independent living. Procedures should be agreed at the outset about how any wish by the carer to bring the arrangement to an end should be managed. Both parties should give as much notice as possible, and this should in most circumstances be a minimum of 28 days notice. The licence agreement allows for the ending of the arrangement with 7 days notice for a breach of the agreement, but this minimum should only be used in exceptional circumstances. The social worker/personal adviser should discuss with the young person their transition from such an arrangement to another type of accommodation and agree the type of support the young person will require. Planning will be undertaken, through the Pathway Plan, to ensure young person can move on into suitable accommodation at the end of Staying Put.