4.11.1 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 Young People, Relevant Young People, and Former Relevant Young People.

These Procedures also refer to Qualifying Young People who may receive support, advice and assistance after their 16th birthday.

AMENDMENTS

This chapter was amended in October 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations 2010, Care Leavers (England) Regulations 2010 and Planning Transition to Adulthood for Care Leavers Guidance (all of which became effective from 1 April 2011). In particular, the duties towards Former Relevant Young People have been extended, there are more details about what should be included in the Pathway Plan, there are new requirements where the Relevant Young Person moves to unregulated accommodation (in Section 7, Where the Relevant Young Person Moves to Unregulated Accommodation) and Section 13, Staying Put is new.

Definitions
Appointment of Personal Advisers
Role of Personal Adviser
Preparation and Assessment
Pathway Plan
Review of Pathway Plan
Where the Relevant Young Person Moves to Unregulated Accommodation
Procedures in Relation to Qualifying Young People
Keeping in Touch
Ending the Service
Parenthood and Looked After Young People
Expectations of Foster Carers in Continued Contact with Care Leavers
Staying Put

1. Definitions

Normally the definitions relating to 'Keywords' are found in Appendix 2, Keywords, 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 Appendix 2, Keywords.

Eligible Young People

They are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and 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.) 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

They are aged 16 or 17 and are no longer Looked After, having previously been in the category of Eligible Young Person when Looked After. However, if after leaving the Looked After service, a young person returns home for a period of 6 months or more to be cared for by a parent and the return home has been formally agreed as successful, he or she will no longer be a "Relevant Young Person". A young person is also "Relevant" if, having been looked after for three months or more, he or she is then detained after their 16th birthday either in hospital, remand centre, young offenders' institution or secure training centre. There is a duty to support relevant young people up to the age of 18, 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

They are aged 18 to 21 (or up to 24 if in full-time further or higher education), and have left the Looked After service having been previously either "eligible", "relevant" or both. There is a duty to consider the need to support these young people wherever they are living.

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. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme. The duty to pay a higher education bursary also continues, as before.

The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:

Appoint a Personal Adviser;
Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide;
Prepare a Pathway Plan;
Give assistance to the extent that the young person's educational or training needs require it. The kinds of assistance are: contributing to expenses incurred by the young person in living near the place where s/he is, or will be, receiving education or training; or making a grant to enable the young person to meet expenses connected with his education and training

The duties of the Local Authority subsist for as long as the young person pursues the programme of education or training in accordance with the Pathway Plan, and the Local Authority may disregard any interruption in the education/training if it is satisfied that the young person will resume it as soon as is reasonably practicable.

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 his or her 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

They are over the age of 16 and under the age of 21, (or up to 24 if in full-time further or higher education), and have been Looked After or, if disabled, Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant. They may receive support, advice and assistance wherever they are living.

Personal Adviser

A Personal Adviser is the person appointed to work with every Looked After young person, usually at the Looked After Review immediately before the young person's 16th birthday, and will occupy a key role in providing support to the young person after he or she ceases to be Looked After. The Personal Adviser will hold a pivotal role in the planning and review of services as set out in the Pathway Plan.

Pathway Plan

The Pathway Plan, which is part of the Care Plan, sets out the route to the future for young people leaving the Looked After service and will state how their needs will be met in their path to independence. The plan will continue to be implemented and reviewed after they leave the Looked After service at least until they are 21; and up to 24 if in education. Please also see the extended duties towards Former Relevant Young People in education beyond that age set out above.

2. Appointment of Personal Advisers

Where a young person meets or is likely to meet the criteria to become an Eligible Young Person, a referral must be made by the social worker to the 16+ (Looked After & After Care) Team.

A Young Persons Advisor will be allocated and will attend the Looked After Review prior to the young person's 16th birthday

If the young person is proposing to move to another authority when s/he leaves the looked after service, the 16+ Team Manager will negotiate the provision of 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 the young person chooses to reside that s/he is moving to the area.

The 16+ Team will continue to monitor the service provided through attendance at the young person's Placement Planning Meetings, Pathway Plan Reviews or Looked After Reviews.

3. Role of Personal Adviser

The key roles of the Personal Adviser are:

To provide advice
To participate in the young person's assessment and preparation of the Pathway Plan
To participate in reviews of the Pathway Plan
To liaise with the local authority in the implementation of the Pathway Plan
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

Personal Advisers will maintain contact with the young person on a regular basis up to the age of 21 (and up to the age of 24 if in education). The level and nature of the contact will be specified in the young person's Pathway Plan.

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.

Where a Personal Adviser loses touch with a young person, the local authority must be notified and immediate 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 Readiness for Independence 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 Children's Disability Team should be consulted as part of the assessment.

This assessment needs to be well under way by the young person's 16th birthday in preparation for transfer to the 16+ Team. The assessment should be started as early as is appropriate to the young person, Year 10 onwards.

The young person's social worker will be responsible for initiating and coordinating the Readiness for Independence Assessment prior to transfer to the 16+ Team.

The tool to implement the assessment can be obtained from the 16+ Team.

In addition a 'Care Leavers Guide' will be available to young people when the case is transferred to the 16+ Team.

Case Transfer will take place no earlier than the young person's 16th birthday and no later than 3 months after this date. Consideration will be given to the timing however, to ensure that it will not coincide with examinations or other important events. In circumstances where young people become Looked After, after their 16th birthday, the assessment will begin 13 weeks after the date they became Looked After.

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 Readiness for Independence Assessment will aid the development of a Pathway Plan which should complement and then supersede the young person's Care Plan.

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 the Pathway Plan in consultation with the Social worker.

The Pathway Plan, which can be obtained from the 16+ (Looked After & After Care) Team, must be prepared within six weeks of the Independent Living Assessment being completed so that it is in place by the young person's sixteenth birthday.

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 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 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 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. The meeting will agree the lead responsibilities of the social worker and Personal Adviser respectively. In the case of an Eligible Young Person, the social worker will retain lead responsibility for progressing the Plan. In the case of a Relevant or Former Relevant Young Person, the Personal Adviser will have lead responsibility.

In circumstances where the Personal Adviser is not an Independence Support Teams 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 meeting will also fix a date for the first review which, in the case of an Eligible Young Person, will be the date of the next Looked After Review.

The Pathway Plan should be recorded on the Pro forma and cross-referenced as appropriate to other plans in operation including the Care Plan, Personal Education 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 must contact all relevant individuals or agencies so that they are aware of their role within the Plan and to ensure it will be implemented effectively. These may include:

Family members or friends
Foster carers or residential staff
The education service, for example the named significant adult for education
The school
Connexions
The Youth Offending Service
Housing providers
Health organisations
Voluntary organisations including activity or interest groups with whom the young person is involved

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 liasing with them to ensure a smooth transition. In relation to Disabled Children, the Disabled Children's Team must be consulted.

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. Review of Pathway Plans

A review of the Pathway Plan should take place at six monthly intervals for as long as it stays in force.

After the Young Person ceases to be Looked After, the Personal Adviser will chair reviews.

Should the need arise, either because the Plan needs amending 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) and any other significant person. If the Personal Adviser is not part of the Independence Support Team, the Independence Support Team Manager should be invited to attend.

Until the young person ceases to be Looked After, his/her social worker is responsible for the production of the Pathway Plan Review Report and the update of the Pathway Plan following the Review. After the young person has left the Looked After Service, the Personal Adviser will be responsible.

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 Reviewing Officer 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 record 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 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.

7. Where the Relevant Young Person Moves to Unregulated Accommodation

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:
1. The facilities and services provided;
2. The state of repair;
3. The safety;
4. The location;
5. The support;
6. The tenancy status; and
7. The financial commitments involved for the relevant young person and their affordability.
In respect of the Relevant Young Person:
1. His or her views about the accommodation;
2. His or her understanding of their rights and responsibilities in relation to the accommodation; and
3. His or her understanding of funding arrangements.

8. Procedures in Relation to Qualifying Young People

The young person's social worker will provide support, advice and assistance to Qualifying Young People and make efforts to engage and to keep in touch with them.

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' practical help should be offered in addition to support. 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 he or she has to have contact with other agencies. Advice and support should also be offered in relation to employment, training and educational opportunities.

Where a Qualifying Young Person accesses education, or training, financial assistance will be possible to the age of 24. This will ensure that he or she is able to take advantage of the opportunities being offered. 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.

9. Keeping in Touch

Social Worker Visits Procedure sets out the frequency of visits by social workers while the young person remains Looked After..

Additionally, the Personal Adviser must visit Looked After young people at least every two months from the formulation of the first Pathway Plan. After young people cease to be Looked After, the frequency of visits from the Personal Adviser will vary, but will not be less than 4 visits per year; unless the young person agrees that less frequent visits are appropriate.

10. 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 an educational programme that will extend beyond the young person's 21st birthday, the service will continue - see Section 1, Definitions for clarification of the local authority's responsibilities in these circumstances.

Where a young person will no longer be eligible for a service, the Personal Adviser should consider any identify the need for ongoing support at the last review of the Pathway Plan 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 Independent Living 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.

Where the young person is amenable, the Personal Adviser will complete an Exit Questionnaire with the young person and forward to the 16+ Team Manager.

11. Parenthood and Looked After Young People

This process applies to young people Looked After, Relevant and Former Relevant young people.

As soon as information is received that a young person who is Looked After or has been looked after, is to become a parent, a discussion should be held immediately by the team holding the case, involving the young person's Independent Reviewing Officer (IRO) as to the need to call a multi-agency planning meeting or Strategy Meeting;
If a planning meeting is called, and where case responsibility lies with the 16+ team, the team manager from the relevant district(s) where the young person(s) is living should be invited as well as the IRO. The core members of the meeting should include the Teenage Pregnancy / Community midwife and representative from Education Support Service. Where necessary, in complex cases the meeting should be chaired independently;
The purpose of such a meeting will be to share all information, to identify any strengths and risk factors relating to parenting, and make appropriate plans ensuring that they link into any existing plans and the Looked After Reviewing process;
The meeting must consider what support is needed for both parent(s), and each child, and ensure it is put in place. The Assessment Framework must be followed throughout this process.
Should there be any risk of Significant Harm to the unborn child, the DSCB Inter Agency Child Protection Procedures will be followed.

12. Expectations of Foster Carers in Continued Contact with Care Leavers

Where there is an existing placement with foster carers for a young person aged 16+ the Pathway Plan should clearly state the role and responsibilities of the carers in respect of any plans. This will include whether there is a plan for the young person to remain in the foster placement after he or she reached 18 - see Section 13, Staying Put.

In all other circumstances the following should apply:

At the end of the Placement

Once the young person has moved on, the Pathway Plan should be clear about any ongoing involvement/contact between the young person and the carers.
Young Person visiting their Ex-carers (who are still registered)

The foster carer must inform their supervising social worker if a Care Leaver is visiting their home and also inform them of any issues that may arise from their visits.

If a Child Protection concern comes to light there is an expectation that the foster carer will report the matter to Children's Social Care immediately.
Young Person Visiting their Ex-carers (who are no longer registered)

At the point of de-registration it should be emphasised that young people may continue to visit well into the future. If a child protection concern comes to light, there is an expectation, as with any member of the public, to report these to Children's Social Care immediately.

In order to support carers with the above, the following will be implemented by the Team Manager of the 16+ Team and the Service Manager, Fostering.
1. Leaving Care issues will be incorporated in Foster Care training at all levels and opportunities.
2. Representative of 16+ team to be involved in that training.
3. A representative of 16+ team to attend fostering team meetings as appropriate.
4. A representative from fostering team to be on the Leaving Care Forum.
5. A list of monthly support meetings will be circulated to the 16+ team and social workers will attend as appropriate.
6. Leaving Care issues will be raised at DFCA committee meetings.
7. The 16+ team will take every opportunity to be involved in matters that will assist with the role of foster carers and young people moving on.

13. 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 payment;
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 '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

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.

End