3.12.1 Leaving the Looked After Service |
SCOPE OF THIS CHAPTER
These Procedures apply to young people who are or have been Looked After and are entitled to support after their 16th birthday.
There are three categories of those leaving the Looked After service who 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.
RELATED CHAPTER
AMENDMENTS
This chapter was significantly amended in August 2011 and should be read in its entirety.
Contents
- Definitions
- Appointment of Personal Advisers
- Role of Personal Adviser
- Preparation and Assessment
- Pathway Plan
- Review of Pathway Plans
- Procedures in Relation to Qualifying Young People
- Keeping in Touch
- Ending the Service
- Staying Put
1. Definitions
Normally the definitions relating to ‘Keywords’ are found in the Keywords Appendix, but a number of terms are used in this procedure, which are specific to it; therefore they have also been summarised below.
Other Keywords, which are not specific to this procedure, are defined in the Keywords Appendix
1. |
Eligible Young PeopleThey are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and are still Looked After. (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 or for a disabled child where care was for respite purposes only). 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. |
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2. Appointment of Personal Advisers
Where a young person meets or is likely to meet the criteria to become an Eligible Young Person, LACMON/ICS system will alert the Independence Support Team.
The Independence Support Team Manager or IST Senior Social Worker will appoint a Personal Adviser. The Personal Adviser will contact the young person’s Social Worker within two weeks and provide them with information, including relevant leaflets, about the Children (Leaving Care) Act 2000 and The Independence Support Team, to give to the young person and their carers.
If the young person is a Disabled Child, allocation of a Personal Adviser will follow discussion at the quarterly Transitions Meeting.
If the young person is proposing to move to another authority the Independence Support Team Manager will negotiate the provision of any appropriate leaving care support from the local authority in whose area the young person is choosing to reside.
It is the responsibility of the young person’s Social Worker to inform the authority in which an eligible or relevant young person chooses to reside that s/he is moving to the area.
It is the responsibility of the young person’s Personal Adviser to inform the relevant leaving care service when an eligible, relevant or former relevant young person moves into their area.
The Personal Adviser will continue to monitor the service provided through attendance at the young person’s Pathway Plan Reviews or Looked After Reviews.
3. Role of Personal Adviser
The key roles of the Personal Adviser are:
- To provide advice;
- To advise on and monitor progress of the young person’s Pathway Plan Assessment;
- To take a lead role in the preparation of the Pathway Plan;
- To participate in reviews of the Pathway Plan;
- To liaise with other agencies, including other local authorities in the implementation of the Pathway Plan and to advocate for the young person;
- To coordinate the provision of services under the Pathway Plan and take steps to ensure the young person makes use of such services;
- To keep informed about the young person’s progress and well-being;
- To keep written records of contact 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.
Personal Advisers will maintain contact with the young person on a regular basis up to the age of 21 (or up to the age of 24 for those completing an agreed course of education or training). The level and nature of the contact will be specified in the young person’s Pathway Plan.
Where a Personal Adviser loses touch with a young person, relevant agencies must be notified which may include another local authority, and all immediate practicable steps must be taken to re-establish contact.
The Personal Adviser will act as the principal source of contact in any matter relating to the Pathway Plan.
Once a Pathway Plan has been made, the Personal Adviser will monitor its progress through direct contact with the young person and with the agencies and individuals identified in the Plan as providing a service or being significant.
4. Preparation and Assessment
All Eligible, Relevant or Former Relevant Young People must have received a Pathway Plan Assessment to establish the advice, assistance and support they will need when leaving the Looked After service.
If the young person is a Disabled Child, the Personal Adviser will work with the Children with Disabilities Team and the Transitions Worker to advise and record how the Pathway Plan Assessment will be linked to existing needs assessments.
Where a young person has significant mental health problems CAMHS will work with the social worker and Personal Adviser to inform the Pathway Plan Assessment and co-ordinate links or transfer to adult services.
The Pathway Plan Assessment will follow the ICS format. The young person’s social worker will be responsible for co-ordinating and recording this.
In preparation for the assessment, the social worker will arrange for the young person to be provided with information about services available for care leavers.
Assessments will take place between 15 ¾ and 16 ¼ yrs, with the completion date no earlier than the young person’s 16th birthday and no later than 3 months after this date. Where young people become Looked After over the age of 16, the assessment will begin when they become Eligible and be completed within 3 months.
The Pathway Plan Assessment will be based upon existing assessments.
The young person will be invited to any meetings held in connection with the assessment.
However where there are complex needs the Independence Support Team manager will usually request a professionals’ meeting be held to co-ordinate roles and tasks. The young person will be advised of the meeting and a record of the meeting and any recommendations will be shared with the young person.
The Pathway Plan Assessment should take account of the views of the following:
- The young person;
- The parents or other relevant family members e.g. a sibling or spouse;
- The current carer, and Supervising social worker;
- The school/college and the education service;
- Any Connexions worker, mentor, youth service worker who supports the young person;
- Any independent visitor;
- The Independent Chair of the Looked After Review;
- Any person providing health (including mental health) care or treatment for the young person;
- The Personal Adviser;
- In the case of a young person with special needs, the relevant Transitions Worker;
- Where the young person is a parent, representative of any service supporting their child;
- Any other relevant person including, in the case of a young person with special needs, a representative from Adult Services.
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.
The Pathway Plan Assessment will inform the development of a Pathway Plan. The Pathway Plan should complement the Care Plan and any other existing support plan for the young person.
Where the young person continues to be Looked After, there should additionally be a Placement Plan, which should describe what arrangements have been made within the home to support the Pathway Plan.
5. Pathway Plan
The young person’s Personal Adviser will be responsible for drafting and distributing the Pathway Plan.
The Pathway Plan must be prepared within six weeks of the Pathway Plan Assessment being completed, and this should be no later than 3 months after the young person becomes eligible.
Each young person will be central to drawing up their own Plan setting the goals and identifying with the Personal Adviser how the local authority will help meet them, including any services being provided in respect of the young person's disability or needs arising from being in custody or as a result of entering the country as an unaccompanied asylum seeker.
Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.
The Pathway Plan will be finalised at a planning meeting set up and recorded by the Personal Adviser and attended also by the young person and the social worker and any other agreed appropriate person.
The meeting will agree the lead responsibilities of the social worker and Personal Adviser.
In the case of an Eligible or Relevant Young Person, the social worker will normally retain lead responsibility for progressing all areas of the Pathway Plan, apart from planning for future accommodation when the young person becomes Former Relevant, here the Personal Adviser will have lead.
In the case of Former Relevant Young Person, the Personal Adviser will have lead responsibility.
Where a Former Relevant young person has an Adult Services social worker the Personal Adviser will ensure the Pathway Plan links with and complements the existing plan.
In circumstances where the Personal Adviser is not a Independence Support Team Worker, an invitation will also be made to the Independence Support Team to attend planning meetings and/or advise on the drafting of Pathway Plans.
The Pathway Plan will include a date for the next Looked After Review.
The Pathway Plan should also include:
- The plan for the young person's continuing education or training when he/she ceases 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 his/her aspirations, skills and educational potential;
- The financial support to be provided to enable the young person to meet accommodation and maintenance costs; taking into account his/her 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, and details of 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 his or her identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.
The Pathway Plan should be recorded on ICS and cross-referenced as appropriate to other plans in operation including the Care Plan, Placement Plan Agreement, Personal Education Plan, Health Care Plan and SEN Transition Plan. There is no need to duplicate the complementary plans but copies of relevant parts should be kept with the Pathway Plan.
The Personal Adviser will ensure that the young person has details of the plan in a format suited to individual needs and understanding.
The social worker or Personal Adviser with lead responsibility must contact all relevant individuals or agencies so that they are aware of their role within the Plan and responsibility for implementing the plan effectively. These may include:
- Family members, significant friends or mentors;
- Foster carers, Supervising Social Worker or residential workers;
- The education service, for example the named significant adult for education;
- The school, college or training establishment;
- Connexions;
- The Youth Offending Service or National Offenders Management Service (formerly Probation Service);
- Housing providers
- Health organisations;
- Any service supporting a young person as a parent or providing a service to their child;
- Voluntary organisations including activity or interest groups with whom the young person is involved.
Where the young person’s primary need is for a specialist service e.g. mental health or disability, the Plan should specify who has responsibility for giving notice to Adult Services and liaising with them to ensure a smooth transition. In most cases the Transition worker will take a lead role.
On completion and approval of the Pathway Plan as above, all parties involved including the young person should sign it.
Those who have a role in implementing the plan should have a copy, at least, of the part which relates to their contribution.
6. Reviews of Pathway Plans
Reviews of the Pathway Plan should take place at no less than six monthly intervals for as long as it stays in force.
For an Eligible Young Person, the date for the first review 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 be set at the last Looked After Review before the young person ceases to be looked after and will normally coincide with the next Section 17 review.
For a Former Relevant Young Person, the date for the first review will be agreed at the last review before the young person’s 18th birthday.
Whilst the young person is Eligible the Independent Reviewing Officer will chair reviews or support the young person to chair. For Relevant young people the Independent Reviewing Officer will decide who will chair reviews, or support the young person to chair, after the young person ceases to be looked after; this will usually be the Social Worker’s supervisor. For Former Relevant young people Personal Adviser’s supervisor will decide who will chair reviews.
If a change of circumstance requires the Pathway Plan to be significantly amended or at the young person’s request, a review of the Pathway Plan can take place without waiting for a scheduled review.
The review will check whether the goals remain appropriate and are being met, and whether levels of support are adequate and being delivered.
Review participants should include the young person, Personal Adviser, the social worker (where the young person remains Eligible or Relevant) and any other significant person. If the Personal Adviser is not part of the Independence Support Team, the Independence Support Team should be advised of the review and consulted for advice.
The record of the Looked After Review will include the review of the Pathway Plan.
The Personal Adviser will check the Pathway Plan is updated after the looked after or Section 17 review as necessary. For former relevant young people the Personal Adviser will be responsible for recording the review.
If the Relevant Young Person or Former Relevant Young Person moves to 'unregulated' accommodation (i.e. accommodation that is not regulated/inspected by OFSTED), the Local Authority must:
- Arrange a review 28 days (or as soon as practicable thereafter) from the time the accommodation is provided; and
- Determine at what intervals (not exceeding six months) subsequent reviews will be carried out;
- Reviews should be brought forward where there is an assessed risk that a crisis may develop in a young person's life, for example:
- Where a young person has been charged with an offence and there is a possibility of their being sentenced to custody, which will risk losing their accommodation;
- Where a young person is at risk of being evicted from his or her accommodation or otherwise threatened with homelessness;
- Where professionals are concerned about the parenting capacity of a 'Relevant' or 'Former Relevant' young person with there being a possibility that their own child may need to be the subject of a multi-agency safeguarding plan;
- Where a young person requests a review.
Matters to which the Local Authority is to have regard in determining suitability of accommodation (under Schedule 2 to the Care Leavers Regulations 2010 and Schedule 6 of the Care Planning, Placement and Case Review Regulations 2010):
- In respect of the accommodation:
- The facilities and services provided;
- The state of repair;
- The safety;
- The location;
- The support;
- The tenancy status; and
- The financial commitments involved for the relevant young person and their affordability.
- In respect of the Relevant young person:
- His or her views about the accommodation;
- His or her understanding of their rights and responsibilities in relation to the accommodation; and
- His or her understanding of funding arrangements.
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 YOT worker. The Local Authority must liaise with the YOT or 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 his or her resettlement, including identifying suitable accommodation where the young person's placement had to be given up or has been lost and identifying who will collect the young person and the sources of support after his or her release.
In the event of a Relevant or Former Relevant Young Person breaking off contact and/or not engaging with the agreed support and advice being offered, a review of the Pathway Plan may take place by telephone, e-mail or letter, if agreed in advance by the Chair of the Review, social worker and the Personal Adviser. In these circumstances the Personal Adviser will attempt to negotiate a revised plan that is acceptable to all parties.
Where contact is lost, the emphasis of the Pathway Plan Review will switch to recording how attempts will be made to re-establish contact and these efforts will be reviewed within the established system. A route back for the young person to seek support in the future should be kept open where possible, 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.
7. Procedures in Relation to Qualifying Young People
The young person’s social worker will provide support, advice and assistance to Qualifying Young People under the age of 18, and make efforts to engage and to keep in touch with them unless otherwise agreed by all parties. The social worker will keep the Independence Support Team advised and IST duty worker will be available for consultation.
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 the young person can access suitable accommodation and maintain social and family links.
Where necessary practical help can be offered in addition to support. This could include helping to acquire basic living skills and consideration of health needs and choices. Links should be made with other services and assistance can be provided to see the young person has contact with other relevant agencies. Advice and support should also be offered in relation to employment, training and educational opportunities.
Where a Qualifying Young Person over 18, who did not have an allocated IST Personal Adviser, presents for a service, the relevant locality Social Work team should assess their needs in consultation with IST Duty Worker.
Where a Qualifying Young Person accesses education, or training, financial assistance may be considered to the age of 24 to ensure that he or she is able to take advantage of the opportunities being offered. This may include funding vacation accommodation where a young person is in full-time higher or further education.
8. Keeping in Touch
Social Worker Visits Procedure sets out the frequency of visits by social workers.
The level of direct contact between the Personal Adviser and an Eligible or Relevant young person will be agreed as part of the Pathway Plan.
Where young people are over 18 the direct contact with the Personal Adviser should include no less than three home visits a year unless otherwise agreed as part of the Pathway Plan.
9. Ending the Service
The service will normally cease when young people become 21 years of age.
However, in circumstances where the Pathway Plan sets out agreed support for an educational or training programme that will extend beyond the young person’s 21st birthday, the service will continue to the completion of the agreed programme.
At the last Review of the Pathway Plan before the service ends the Personal Adviser should consider and identify any need for ongoing support and seek to make any necessary arrangements to enable this, for example by arranging for services from an Adult Social Services Team or a voluntary organisation.
The Personal Adviser will review the plans and achievements made since the Pathway Plan Assessment with the young person and seek to action any outstanding plans that are achievable.
Where there are urgent outstanding tasks or pending financial matters, the Personal Adviser will consult with the Independent Support Team Manager.
The Personal Adviser will seek the young person’s views on their experience of the service they have received and pass these to the Independence Support Team Manager.
10. Staying Put
Under the Care Leavers (England) Regulations 2010 and Planning Transition into Adulthood for Care Leavers Guidance, the Local Authority must provide information about extending placements post-18, covering:
- The criteria for such extensions;
- How extending placements will impact on the allowances provided by the Local Authority and whether other funding, e.g. funding for housing related support, will contribute to meeting placement costs;
- Any financial contributions from the young person from their wages, salary, benefits or educational allowances;
- How the income tax, national insurance and welfare benefits situation of carers may be affected by post-18 payments;
- Insurance issues including liability and household;
- The impact on foster carers' fostering registration limits and status;
- Safeguarding arrangements including CRB checks on over 18 year olds and issues relating to fostered children in households.
Young People in Residential Care
Young people may also 'stay put' in children's homes or other residential settings, although they are unlikely to be able to remain beyond the age of 18, unless there is a designated move-on accommodation linked to the residential care setting.
Young People in Foster Care
For a young person living in foster care, the first Looked After Review following his or her 16th birthday should consider whether a Staying Put placement should be an option. This will entail assessing the implications for both the young person and the foster carer.
Following the young person's 18th birthday, the legal basis on which they occupy the property (former foster home) changes (the legal term is that the young person becomes an 'excluded licensee' lodging in the home) - this should not denote that the young person will be treated differently than they were as a fostered child.
Procedures should be agreed at the outset about how any wish by the carer to bring the arrangements to an end should be managed.
While Fostering Regulations will no longer legally apply to these arrangements, key standards should continue to govern the expectations of the placement when the young person reaches 18. These may be:
- Yearly reviews of the carer(s);
- Reassessment and re-registration every 3 years;
- New CRB checks every 3 years on all adult members of the household, regular visitors and children of the carers aged 16 and over;
- Health and safety checks;
- Regular supervision from the social worker;
- Attending required training.
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