Leaving Care and Transition
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: with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000.
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.
RELEVANT LOCAL GUIDANCE
Local Offer Guide: Help and Advice for Young People Leaving Care in South Tyneside
Related guidance
- Staying Put
- Aftercare under Section 117 of the Mental Health Act 1983
- Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers
- Care Leavers' Charter
- Extending Personal Adviser Support to All Care Leavers to Age 25: Statutory Guidance for Local Authorities (February 2018)
- Applying Corporate Parenting Principles to Looked-after Children and Care Leavers - Statutory Guidance for Local Authorities (February 2018)
- Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG)
- Local Offer Guidance: Guidance for Local Authorities
The Children and Social Work Act 2017 introduced 3 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. South Tyneside Council operates an opt out policy which enables the continuation of a personal advisor and a pathway plan for all care leavers up to age 25 unless individual care leavers aged 21 – 24 state otherwise.
The duty that extends Personal Adviser support 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 lives.
Care leavers will receive the practical, emotional and financial support they need until they are 25.
Preparation
Care leavers should leave care and move towards adulthood at a time and pace that is right for them. Young people are encouraged to remain in care until their 18th birthday, when this is in their best interests. After their 18th birthday, they are supported to live with or close to the people who are important to them, such as previous carers or their immediate or extended family. Positive and loving relationships and social networks established while they were in care should be helped to endure into adulthood.
They will be provided with all the key documents they need to give them control over their lives as young adults, such as national insurance numbers, birth certificates and passports; and the resources and financial support they need to engage with education, employment and training and to connect with people who are important to them. For example, devices to get online, reliable and affordable internet access and affordable transportation.
Making Good Decisions for Care Leavers
The wishes and feelings of care leavers should be set out clearly in timely and authoritative assessments. Planning for leaving care should start sufficiently early to meet young people’s needs and build on existing care and personal education plans. Young people should be actively involved in creating plans for their future and their views are central to decisions about their lives.
Decisions about care leavers should consider any needs related to their specific circumstances, including whether they are an unaccompanied asylum seeker, a young parent or have had contact with the criminal justice system.
Normally the definitions relating to Keywords are found by accessing the Keywords Glossary, but a number of the terms used in this procedure are specific to it; therefore they have also been summarised below:
Eligible Young People
Defined as a child who:
- Is aged sixteen or seventeen; and
- Has been looked after by a local authority for a period of 13 weeks, or periods amounting in all to 13 weeks, which began after s/he reached 14 and ended after s/he reached the age of 16.
This total does not include a series of pre-planned short-term placements of up to four 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 now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review Regulations 2010.
Relevant Young People
Defined as a child who is:
- Not looked after;
- Aged 16 or 17; and
- Was, before s/he last ceased to be looked after, an Eligible child.
Regulations prescribe further category of Relevant child:
A child who is:
- Not looked after;
- Aged 16 or 17; and
- At the time s/he attained the age of 16 was detained, or in a hospital, and immediately before s/he was detained or in hospital he had been looked after by the local authority for a period or periods amounting in all to at least 13 weeks which began after he reached the age of 14.
A child who has lived for a continuous period of six months or more with:
- His/her parent; or
- Someone who is not a parent but who has Parental Responsibility for him.
... is not a Relevant child.
Where those living arrangements break down and the child ceases to live with the person concerned, the child is to be treated as a Relevant child.
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 his or her needs in relation to education, training or employment are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.
Former Relevant Young People
Defined as:
- Aged 18 or above, and either:
- Has been a Relevant child and would be one if s/he were under18; or
- Immediately before s/he ceased to be looked after at age 18, was an Eligible child.
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 remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. In South Tyneside these duties continue until the young person becomes age 25 unless young people advise otherwise.
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, 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
A ‘person qualifying for advice and assistance’ is defined in section 24 of the Children Act 1989 (as amended) as a person who is at least 16 but under twenty one (or up to 24 if in full-time further or higher education) and:
- With respect to whom a Special Guardianship Order is in force (or was in force when s/he reached 18); or
- At any time after reaching the age of sixteen but while still a child was, but is no longer, Looked After, Accommodated or fostered. They may receive support, advice and assistance wherever they are living.
Where a Qualifying child has been previously Looked After, the local authority must assess their needs to establish whether they require advice and assistance. Where, following an initial assessment, the authority concludes that support will be necessary over a period of time; they should draw up a plan with the young person outlining the support that will be provided.
In order to determine the extent of the required support an Assessment may be required and the plan that follows might follow the same format as a Pathway Plan for a Relevant or Former Relevant child. The plan will outline the support to be provided to the young person, including, if necessary, any financial support. The plan should be drawn up by a social worker or suitably qualified person (see Section 12, Qualifying Young People).
The aim of the Leaving Care Service is to work alongside young people up to age 25 with a personal advisor and a pathway plan to support young people in attaining their aspirations and helping as would a ‘good parent’.
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, Integrated Care Boards, 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.
See also: Joint Housing Protocols for Care Leavers: Good Practice Advice.
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.
Care leavers should have positive, trusting and stable relationships with Personal Advisers, carers and other professionals. Professionals should be committed to protecting them, promoting their emotional health and well-being, acting in their best interests and helping them to understand what is happening in their lives; and be ambitious for young people’s futures and celebrate their achievements.
Care leavers should be supported to maintain relationships with people who are important to them (for example, family, friends, carers, former carers and professionals). They should have strong social networks that they can rely on when they need support, and that keep them from experiencing loneliness and isolation. These relationships and social networks should endure into adulthood.
Care leavers should have access to a range of social and recreational opportunities that help them to create and maintain supportive and positive relationships with people that are important to them and to feel a part of their community.
Professionals should create a culture where young people want to keep in touch. Social workers and/or Personal Advisers should be proactive in creating opportunities to engage with care leavers, including those who are not currently in regular contact with the local authority. The level of engagement with individual young people should reflect their known needs and preferences.
Care leavers should be helped to understand their rights, entitlements and responsibilities, including their right to independent advocacy that meets their needs. See Advocacy and Independent Visitors Procedure.
They should know how to give feedback or complain and understand what has happened as a result. Their complaints will be treated seriously and be responded to clearly, and urgent action taken and services improved when necessary. See Complaints and Representations Procedure.
The local authority consults widely with care leavers and involves them in designing services. See Children's Consultation and Participation Procedure.
Care leavers should be in good physical and mental health or be being helped to improve their health though access to services that meet their needs. Practitioners should understand young people’s emotional well-being and mental health needs, including the potential impact of trauma and adverse life experiences. The local authority should work effectively with partners in the health sector to ensure that care leavers can access good physical and mental health services, including adult mental health services, when these are needed.
Care leavers should have access to and understand their full health history.
Care leavers should be protected and helped to keep themselves safe from all forms of bullying, discrimination and harassment, such as homophobic behaviour, racism and stigma that they may encounter because they are care experienced.
Care leavers should feel safe. The local authority works effectively with its partners to respond to risks associated with young people offending, misusing drugs or alcohol, going missing or being sexually or criminally exploited. Young people should receive help to reduce the risk of harm or actual harm and be helped to understand how they can keep themselves safe.
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. This information should also include how relevant services that can be accessed by its partner agencies and include District Councils where relevant.
Care leavers should be aware of and understand the local offer, which should be ambitious, clear and accessible. It should take account of the corporate parenting principles as set out above, set out how the local authority is delivering on young people's statutory entitlements and be clear about what further discretionary support the local authority offers. The local offer should be clear about the help provided to young people with specific needs, such as unaccompanied asylum-seeking children, young parents and young people who have had contact with the criminal justice system.
The local authority should consult care leavers effectively on the local offer, and monitor how effective the local offer is at providing good experiences for young people and helping them to make progress. The local authority should review and update the offer regularly to ensure that it continues to meet young people’s needs.
Children’s services should work closely with other local authority departments and local partners to develop a multi-agency offer for care leavers that supports their overall well-being. The corporate parenting board should take ownership of the offer and monitor its effectiveness.
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.
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 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 will be based on and include the young person's Care Plan.
Where the young person continues to be Looked After, the Placement Plan/Placement Information Record 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 Procedure.
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. Most young people will continue with a personal advisor and pathway plan, whilst others will not take up the offer for continuing support.
All young people will have a Pathway Plan in place within 3 months of becoming Eligible.
The local authority is responsible for the assessment, the resulting Pathway Plan and for keeping this under review. Given that Eligible children remain Looked After, the allocated social worker may be the most appropriate professional to assess the young person’s needs in order to draw up the Pathway Plan. The authority will then need to determine which professional should be appointed as the young person’s Personal Adviser, mindful of the need to preserve continuity of services for that young person.
The Pathway Plan must be completed using the information gathered as part of the assessment and be drawn up as soon as possible after the assessment of needs is completed. The Pathway Plan will include the young person’s Care 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. It should be written in a way that meets the needs of the young person, capturing their aspirations and key messages. 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 to improve their chance of employability;
- 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; it should be borne in mind that it has a 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.
A Financial Summary should be attached to 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 (Leaving Care) should approve and sign the Pathway Plan.
On completion and approval of the Pathway Plan, all parties involved including the young person should sign it.
The young person will be provided with a copy of the most up to date Pathway Plan and the contents must be explained.
Where agencies are contributing to the delivery of an individual young person's Pathway Plan they should be provided with a copy of the relevant extract from the Plan relating to their contribution.
Information from the Pathway Plan should not be shared with other agencies or individuals without the young person's consent.
The local authority offers all care leavers a Personal Adviser up to the age 25 and apply the corporate parenting principles when continuing support is agreed..
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.
The Pathway Plan must be reviewed at least every 6 months for care leavers up to age 25.
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 six months of becoming a relevant young person.
For a Former Relevant Young Person, the date for the first review will take place within six 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 Practice Manager of the Leaving Care Service will retain a monitoring role, at six 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.
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.
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 ten working days. The role must not be fulfilled by a Youth Justice worker. The Local Authority must liaise with Youth Justice 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.
See also: Youth Justice Accommodation Pathway (St. Basils).
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, the guiding principle is that contact will be maintained at a 8 week frequency.
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 Practice Manager (Leaving 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.
Care leavers should have somewhere secure and stable to live that best meets their needs, where they feel safe and where they can develop their independence skills.
Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) 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 [1]; 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)).
The joint housing protocol covers the support available from a local authority area to care leavers up to the age of 25.
Risks of tenancy breakdown or homelessness should be identified and addressed early; alternative plans and support should be put in place promptly when necessary and reasonable efforts made to avoid young people being deemed intentionally homeless. 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' [2], (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.
[1] 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)).
[2] The Homelessness Reduction Act 2017.
Note: Bed and Breakfast Accommodation (B&B) is not considered as suitable accommodation.
Houses in multiple occupation should only be used when it is a young person's choice and it is in their best interests.
Care leavers should have enough time to develop a trusting relationship with their Personal Adviser before they leave care. Personal Advisers should know young people well and be well-informed about young people's plans for the future, their progress and their well-being.
Personal advisers should help young people to access services that meet their needs. 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 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.
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:
- Within 7 days of the accommodation being provided;
- Subsequently before the Pathway Plan is reviewed (see Section 7, Reviews of Pathway Plans);
- At subsequent intervals of not more than 2 months.
Effective organisational support is provided for the training and professional development of Personal Advisers.
When a care leaver moves to new accommodation, the Personal Adviser must see them at that accommodation within 7 days of the move.
On each visit, the Personal Adviser must consider whether the accommodation continues to be suitable for the young person.
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.
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 focussed 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.
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, email or letter, if agreed in advance by the personal adviser. In these circumstances the personal adviser will attempt to negotiate a revised plan that is acceptable to all parties.
The Pathway Plan must set out expectations for the Personal Adviser to see the young person, and if relevant, arrangements for staying in touch in other ways. This could include other forms of contact with the young person: text, telephone calls, email.
When a care leaver moves to new accommodation, the Personal Adviser must see them within 7 days of that move.
Subsequently, they must see the care leaver at the point at which the care leaver will be first reviewed – namely after 28 days – and then visit at no less than 2 monthly intervals.
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. The local authority should persevere with attempts on a 2 monthly basis to establish contact even if the young person remains unresponsive, while respecting the young person’s rights to be unresponsive.
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 relevant manager.
Once the changes are approved, the personal adviser will send a copy of the amended plan to the young person, the designated manager and others identified within the review.
The local authority should support care leavers to be ambitious and aspirational about their education and employment choices. Young people should know what assistance is available to help them find education and employment, and they should receive good careers advice that helps them to make decisions about their future. Young people should be encouraged and supported to continue their education and training, or to return to education and training at a time that is right for them.
Care leavers should make progress in employment, education or training that they enjoy, which meets their needs and interests and helps them achieve their potential.
The local authority should work closely with partners, education providers, the virtual school and local businesses to secure a range of employment, education and training opportunities for care leavers, including work experience, apprenticeships and further and higher education.
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 Supporting the Education and Promoting the Achievement of Children with a Social Worker, Cared For and Care Experienced Children 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.
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.
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.
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 Personal Adviser should meet with the care leaver and, based on the assessment of their needs and the suitability of the course, update the 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.
Services for Qualifying Young People will be determined by an assessment of need carried out by the Leaving Care Team.
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 social 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 social 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.
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. Care leavers who live away from their 'home' local authority should have access to education and health services that meet their needs as soon as they move outside of their 'home' 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.
Arrangements for young people to stay connected to their 'home' local authority should address any relevant safeguarding risks.
A Staying Put arrangement is where a young person who has been living in foster care remains in the former foster home after the age of 18.
For a young person living in foster care, the first Looked After Review following their 16th birthday should consider whether a Staying Put arrangement should be an option.
For further information, see the Staying Put Procedure.
Care leavers should be aware that they are entitled to see their records, be able to access their case records quickly and easily and be supported to do this. Their records should be clear and provide a comprehensive record of important life events. The local authority should help young people to understand their histories and experiences, including why they were in care, and to have a clear sense of who they are. For information on access to records by care leavers, see Access to Records / Subject Access Requests Procedure, Applications by Care Leavers.
Legislation, Statutory Guidance and Government Non-Statutory Guidance
Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG)
Last Updated: November 7, 2024
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