4.12.1 Leaving Care Services (including all relevant legislation, policies, procedures and guidance for Young People leaving care) |
SCOPE OF THIS CHAPTER
This chapter sets out the provision of Leaving Care Services for Young People in Ealing including the relevant legislation, policies, procedures and guidance. 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 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.
This chapter is under review in relation to the new regulations which came into place in April 2011; The Care Planning, Placement and Case Review (England) Regulations 2010 (Care Planning Regulations) and Associated Guidance and the Care Leavers (England) Regulations 2010 and Associated Guidance.
AMENDMENT
This chapter was updated in June 2011 and should be re read.
Contents
- Scope Of the Policy And Procedures
- Legal Framework: Eligibility And Responsible Authority
- Planning, Preparation And Support
- The Role of the Personal Advisor
- The Horizon's Education and Achievement Centre
- Care Leavers Accommodation Panel
- Assessment of Financial Need and Eligibility For Financial Assistance
- Accommodation and Housing for Eligible, Relevant, Former Relevant and Qualifying Young People
- Semi- Independence Outreach Team
- Representations, Complaints and Advocacy
Appendix 3 - Relationship with the Assessment Framework and LAC Materials
Appendix 4 - Pathway Planning Checklists
Appendix 5 - Pathway Planning Review Form
Appendix 6 - Suggested List of Basic Equipment
Appendix 7a - Course Monitoring Form Part A (to be signed by young person)
Appendix 7b - Course Monitoring Form
1. Scope Of The Policy And Procedures
| 1. | Scope Of The Policy And Procedures |
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| 1.1 | This policy and procedure document is concerned with the legislative and regulatory requirements of the Children Act 1989 as amended by the Children (Leaving Care) Act 2000, in relation to:
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| 1.2 | The guidance outlines the responsibilities and commitment of Ealing Council to provide services for those young people aged 15 years and over who are or who have been looked after under a care order or accommodated under Section 20 of the Children Act 1989 by Ealing Council. | |
| 1.3 | The central theme of this policy is that young people who are being looked after have a need for adequate preparation to leave public care in order that they may make a successful transition to independence or return to their family home. They also have a need for adequate after care support. This preparation and after care support should help them to build on their social and practical skills, their self-esteem and ability to live successful independent adult lives. | |
| 1.4 | Plans and resources for young people leaving care must take account of differing needs in terms of religion, race, culture, linguistic background, class and sexuality, and be tailored appropriately to the age, gender, abilities and any special needs the young person may have. | |
| 1.5 | Ealing Council recognises the importance of fully involving all young people in the assessment, planning, review and decision making processes that are undertaken with and for them. The Council places significant importance on its role as 'Corporate Parent' and aims to ensure that young people are supported and prepared for their transition into independent living and adulthood. In particular the Council is committed to enabling young people to fulfil their potential in education, training and employment. | |
| 1.6 | The Ealing Leaving Care Team has responsibility for developing and providing the preparation for independence and aftercare services; monitoring the quality of practice; identifying needs and recommending service developments | |
| 1.7 | Ealing's Leaving Care Team will take the lead role in maintaining links between departments and other agencies in order to facilitate effective joint working practices and new initiatives. | |
| 1.8 | This responsibility is shared with the Children's Disability Team for those young people over the age of 16 who have profound disabilities | |
| 1.9 | The Youth Offending Service will provide specialist support in partnership with the Leaving Care and Children with Disabilities Teams to young people who are involved in or at risk of offending and who are preparing for independence. | |
| 1.10 | Throughout this document the term "young people" has been used to replace the term "children" when referring to 'eligible', 'relevant', 'former and relevant' children and 'persons qualifying for advice and assistance'. Unless stated otherwise, the term 'looked after' applies throughout these procedures to young people who are looked after under a care order or accommodated under S20 of the Children Act 1989. The term "Team Manager" refers to the manager of the Leaving Care or Children's Disabilities teams unless stated otherwise. | |
| 1.11 | Personal Advisors in Ealing may be appointed into that position or be social workers, social work assistants or youth workers. The term "Personal Advisor" used throughout this policy refers to each of these possibilities. | |
2. |
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| 2.1 | The main purpose of the Children (Leaving Care) Act 2000 which amends the Children Act 1989 is to improve the life chances of young people living in and leaving local authority care. Its main aims are:
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| 2.2 | The Legislation (Children (Leaving Care) Act 2000 is based upon the consultation document, Me, Survive, Out There? - New Arrangements for Young People Living In and Leaving Care (July 1999). It enacts commitments made within the White Paper, Modernising Social Services (1998), and The Government's Response to the Children's Safeguards Review (1998). | |
| 2.3 | The Every Child Matters Agenda (see DfE website) takes forward this commitment to ensuring care leavers needs are promoted | |
3. |
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| 3.1 | Wider policy and practice guidance which informs the promotion and safeguarding of children's and young people's welfare is contained within Working Together to Safeguard Children - A guide to inter-agency working to safeguard and promote the welfare of children (2010) and the Framework for the Assessment of Children in Need and Their Families (2000). | |
| 3.2 | Effective collaboration between local authority Social Services departments, together with Education, Health and Housing, in the assessment and provision of services, will be the key to the success of the Act. These documents provide further guidance alongside training materials and resources to assist in the fulfillment of key duties under the 1989 Children Act. These include the duty to co-operate, to help the local authority in enquiries, and to safeguard and promote the welfare of children in need and promote their upbringing. | |
| 3.3 | Under Section 27 of The Children Act 1989, there is a mutual obligation on authorities such as Health, Education and Housing to assist one another unless this is in conflict with their own statutory duties. | |
| 3.4 | A revised (July 2006) National Protocol for Inter Authority arrangements whereby a care leaver is resident outside their responsible authority is available. | |
4. |
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| 4.1 | This procedure applies to all young people including those with disabilities. There are however occasional references to specific situations concerning disabled young people. The Children Act 1989, schedule 2, para 6 imposes a duty on local authorities to provide services designed to minimise the effect of their disability on disabled young people who should have opportunities to live their lives as normally as possible. Disabled Care Leavers benefit from continuity of planning when they transfer from the Children's to Adults Services, while the Children (Leaving Care) Act 2000 stresses the importance of working in partnership. These procedures should be read in conjunction with Ealing's protocols for the transition of young people with disabilities from Children's to Adult's services as well as the Area Team Protocols. (Additional guidance is available in the document "Future Positive: A resource guide for people working with disabled care leavers 2006" | |
5. |
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| 5.1 | The broader Government agenda of tackling social exclusion and improving educational achievement incorporates a number of policy initiatives with implications for children and young people in and leaving care. | |
| 5.2 | These include a range of Social Exclusion Unit reports in relation to young homelessness, young people excluded from education, training and employment, teenage parenthood, and the development of the Connexions Service. | |
| 5.3 | The Connexions Service aims to establish a comprehensive service for all children and young people between the ages of 13 and 19. Connexions was implemented in a phased way from April 2001. Useful documents are available on the Connexions website. | |
| 5.4 | Other relevant documents include the Guidance on the Education of Children and Young People in Public Care (Department of Education and Employment/Department of Health and the DETR Revisions to the Code of Guidance on parts VI and VII of the Housing Act 1996. | |
| 5.5 | The Homelessness Act 2002 has extended the priority need categories of homeless people to include
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2.
Legal Framework: Eligibility And Responsible Authority
| 1. | Summary
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| 1.1 | The Children (Leaving Care) Act 2000, implemented in October 2001, expands greatly on the powers and duties conferred on local authorities by Section 24 of the Children Act 1989, which is itself amended by the new Act. The Children Act 1989 as amended by the Children (Leaving Care) Act 2000 deals with the duties and powers of the local authority to prepare young people for the time when they are no longer looked after and to provide after care services. Further details about specific powers and duties are contained throughout this document. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1.2 | It is very important that clarity about a young person's legal status is established and recorded especially concerning the legal basis on which 'accommodation' is provided. The Department has a 'duty' to provide accommodation for certain young people but not for all. (See Section 8, Accommodation and Housing for Eligible, Relevant, Former Relevant and Qualifying Young People for further details). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1.3 | The Children Act 1989 as amended by the Children (Leaving Care) Act 2000 creates four categories of looked after children and 'care leavers' who are eligible for support under the Act after their 16th birthday: 'Eligible Children'; 'Relevant Children': 'Former Relevant Children' and 'Persons Qualifying for Advice and Assistance'. See Section 3 below for definitions. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. |
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| 2.1 | Key principles of the 1989 Act (set out in the guidance to the Children (Leaving Care):
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3. |
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| 3.1 | Eligible children |
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| 3.1.1 | Eligible young people are those aged 16 or 17 years, who are currently looked after and have been looked after for at least 13 weeks, which started after their 14th birthday and ended after their 16th birthday. These 13 weeks can be continuous or made up of separate episodes of care, excluding short-term placements made by way of respite care. At least one of these periods must have been for at least four weeks. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.2 | Relevant Children |
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| 3.2.1 | A relevant young person is aged 16 or 17 years and is not looked after, but had previously been in the category of 'eligible child'. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.2.2 | The Regulations provide for an additional category of relevant children. These are young people who would have been relevant children but for the fact that on their 16th birthday are detained in the criminal justice system or in hospital and were looked after for the relevant period before detention or hospitalisation. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.3 | Former Relevant Children |
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| 3.3.1 | Former relevant young people are those young people who have reached 18 but not 21 and were eligible and/or relevant or both prior to becoming 18. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.3.2 | If at the age of 21 the young person is still being helped by the local authority with education or training, she or he remains a 'former relevant child' to the end of the agreed programme. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.4 | Person's Qualifying For Advice and Assistance |
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| 3.4.1 | It is important to recognise that there will be some young people who do not come within most of the provisions of the new Act but who will be covered by the duties and powers of the responsible authority provided for in the amended sections 24, 24A and 24B of the Children Act 1989. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3.4.2 | 'Qualifying' care leavers are those under the age of 21 years who have been looked after between the ages of 16 an 18 years by the local authority, accommodated other than by the LA or privately fostered e.g.
N.B.: If the young person was not looked after by a Local Authority it is the Local Authority of the area in which he resides that is responsible |
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4 . |
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| 4.1 | The Children Act 1989 as amended by the Children (Leaving Care) Act 2000 introduces the concept of 'the responsible authority'. The 'responsible local authority' is the one which last looked after an 'eligible' 'relevant' or 'former relevant' child or 'qualifying' young person. Under the new legislation the local authority will retain this responsibility for a care leaver wherever the young person may be living in England or Wales | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4.2 | If a young person moves to a different local authority funding can be transferred by the responsible local authority to the local authority where the young person is living so that they can provide the services under the Act, if that is the most convenient way of proceeding. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| 5.1 | The local authority has a duty to inform another local authority when a young person moves or is planning to move into the other local authority's area. This duty applies to all relevant, former relevant and qualifying young people. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Click here to view the Decision Tree
3. Planning, Preparation And Support
| 1. | Guiding Principles |
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| 1.1 | For each eligible young person a systematic approach to planning for independence should begin when the young person is 15 years of age. This should be evidenced in their Care and Personal Education Plans. For young people between the ages of 16 and 17 who begin a period of accommodation, planning for independence will begin at the time of placement. | ||
| 1.2 | The case-accountable social worker is responsible for ensuring that the young person, his/her family and those providing daily care are aware of the need for active work on preparation for independence when the young person is 15 years old and above. The social worker and his/her Team Manager are responsible for ensuring that such planning is conducted in a manner, which is consistent with Children's Services policy. | ||
| 1.3 | All eligible young people are entitled to the provisions of the looked-after system and the provision of living arrangements that meet their needs. All living arrangements used by Ealing will promote opportunities for young people to learn and develop the skills required to establish and sustain their future independence and hence improve their life chances. | ||
| 1.4 | It should be noted that a living arrangement can include all of the following:
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| 1.5 | All eligible, relevant, and former relevant young people will have a Pathway/Care Plan, which includes contingency arrangements. This plan will be reviewed six monthly and be based on the completion of a Needs Assessment / Pathway Plan. This must be completed by the young person and their personal Advisor in consultation with significant others prior to the young person turning 16 years and three months. | ||
| 1.6 | All young people should be involved in all decisions relating to their future. In order to mature a young person must be encouraged and supported in taking decisions for themselves, allowed to make mistakes and take risks. Young people have a responsibility to co-operate with the planning processes and services set up to assist them. | ||
| 1.7 | All young people will be supported to achieve their full potential in education, training and employment. | ||
| 1.8 | Where possible, parents' views and those of significant others should be sought and taken into account in making plans for a young person's independence. | ||
| 1.9 | Plans should give consideration to the links that young people have with their families, friends and local communities and should increase opportunities for support from the wider community | ||
| 1.10 | Plans and resources for young people leaving care must take account of differing needs in terms of religion, race, culture, linguistic background, class and sexuality, and be tailored appropriately to the age, gender, abilities and any special needs the young person may have. | ||
| 1.11 | To prepare young people to leave care and in providing after care support, Children and Families Services will work in partnership with a range of agencies including the Horizons Education and Achievement Centre, Schools Service, Training and education providers, Health Service, Careers Service, Housing Department, and the Youth and Connexions Service. | ||
| 1.12 | All eligible, relevant and former relevant young people leaving care will have a named Personal Advisor. Where possible young people will be given a choice of who is to be their Personal Advisor. | ||
| 1.13 | Young people who have left the care of other authorities and are resident in Ealing will be able to obtain advice from the Leaving Care Team. They will not be eligible for the other services outlined in this policy, unless the responsible authority purchases such services. | ||
| 1.14 | By starting to plan for independence at the age of 15 years, it is expected that the majority of young people will be ready to leave their care placement by their 18th birthday. There may be exceptional circumstances where a young person's needs are such that the provision of a placement beyond his/her 18th birthday is required to promote or safeguard his/her welfare. Such placements must be agreed by the Care Leavers Accommodation Panel and will be based on professional assessments which identify the young person's individual needs and circumstances demonstrating the way in which a continued placement will promote and safeguard the young person's welfare. Such assessments must be incorporated into the young person's Pathway/Care Plan. No young person will be provided with a care placement beyond his/her 21st birthday unless this is part of an agreed placement with services for the care of adults | ||
| 1.15 | It is the responsibility of the Children's Services division to ensure that young people with substantial and permanent disabilities transfer smoothly from Children's Services to the Adult Care Management Service at the appropriate time. This will be achieved by joint planning processes between Children's and Adult Services for those young people who meet the criteria for adult assessment and care management services. | ||
| 1.16 | It is a priority to enable young people to plan for parenthood and to support young people who are parents, to meet the needs of their children. Children's Services will work with other relevant statutory and voluntary bodies to this end. | ||
| 1.17 | It is the responsibility of the Leaving Care and Children with Disabilities teams to provide information about services to all young people, and the professionals working with them, prior to young people leaving care. A Leaving Care Guide will be made available to each young person. This should be adapted to meet any needs arising from disability or ethnicity. | ||
| 1.18 | Young people will be informed of their right to complain if they are dissatisfied with the services, which they receive. Complaints are recognised as a positive way of obtaining feedback on service provision. | ||
| 1.19 | Young people will be informed of their right to have access to their Social Care Records in line with the department's "Access to Records Policy and Procedures" and the support services available to them in order to explore past and present issues in their lives. | ||
| 1.20 | Ealing Council are committed to evaluating services to young people and consulting with them on current service provision and service development. This includes those it provides directly and those provided by other agencies. | ||
2. |
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| 2.1 | The Leaving Care Team will be responsible for providing services and support to all young people who are sixteen years of age and over, who are eligible, relevant, former relevant and qualifying young people. Looked after children of this age group with severe disabilities will remain in the Children with Disabilities Team, however the Leaving Care team can offer advice regarding leaving care to the allocated worker in the Children with Disabilities Team. | ||
| 2.2 | All referrals to the Leaving Care Team will be made on the Leaving Care Team Referral Form when a young person reaches the age of fifteen and a half. The following documentation will be included:
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| 2.3 | Information from the referral process will help the Leaving Care Team Manager to allocate a Personal Advisor. | ||
| 2.4 | The Leaving Care Team will aim to send the young person's prospective Personal Advisor or a representative to the childcare review prior to the planned date of transfer. | ||
| 2.5 | All eligible and relevant young people should be transferred to the Leaving Care Team eight weeks before their 16th birthday. This transfer will take place at a Pathway Assessment and Planning Meeting. (See Area Team Protocols V1B01) | ||
| 2.6 | In exceptional cases where it is felt to be in the young person's interests the case may remain in the Looked after Children (LAC) teams with the agreement of both managers. In these circumstances the LAC teams will be responsible for completing the needs assessment and the pathway plan. The date of transfer to the Leaving Care Team will be agreed as part of the pathway plan and will either occur at the next childcare review or at a Pathway Assessment and Planning Meeting (see Section 4, Pathway Assessment and Planning Meeting for Eligible and Relevant Young People) | ||
| 2.7 | The Children with Disabilities team will notify Adult Services if a young person has a disability and may be eligible for adult care management services when they are 14 years old or in Year 10. A referral should be made to the relevant adult care management service, once the young person is 16 years old. The Children with Disabilities team will notify the Leaving Care Team of any young person aged 15 1/2 years whose placement costs will need to be funded by the Leaving Care budget post 16. A review of the leaving care strategy for disabled young people is currently underway. | ||
| 2.8 | If a young person has a level of disability, which will not entitle them to adult care management, adult care management staff can provide consultation on the services of other agencies, which may be of assistance to the young person. | ||
| 2.9 | If a young person has chronic problems with their mental health or has experienced acute episodes of mental illness, the adult care management service for mental health should be consulted. If appropriate, on-going or periodic consultation or joint planning should be undertaken with adult mental health workers. | ||
3. |
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| 3.1 | Young people who become looked after following their 16th birthday and stay looked after for the requisite 13 week period, will be 'eligible' then 'relevant' and 'former relevant' as defined by the Children Act as amended by the Children (Leaving Care) Act 2000. Only those who do not make the 13 week requirement or who fall within another exemption will be 'qualifying'. | ||
| 3.2 | Young people who be come looked after over 16 years of age will be transferred to the Leaving Care Team following the completion of a Core Assessment under the Framework for the Assessment of Children in Need and their Families. This transfer will take place at a statutory childcare review. | ||
4. |
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| 4.1 | The social worker in the Looked After Children (LAC) teams will, in consultation with the allocated young person's Personal Advisor in the Leaving Care Team and the young person convene a Pathway Assessment and Planning Meeting eight weeks before the young person's 16th birthday. | ||
| 4.2 | Prior to this the Leaving Care Team Manager will have received a referral form and all relevant documentation. | ||
| 4.3 | The purpose of this meeting will be to: |
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| 4.3.1 | Formally transfer case responsibility to the Leaving Care Team | ||
| 4.3.2 | Introduce the young person to their Personal Advisor (if this has not occurred at a child care review) | ||
| 4.3.3 | Provide an opportunity for the young person, allocated social worker and others to share information with the Personal Advisor | ||
| 4.3.4 | Plan the Pathway Assessment of needs which will inform the Pathway Plan including setting a completion date for the assessment, defining roles, who is to be consulted with and allocating tasks. When deciding the timetable with the young person for the assessment and planning process careful consideration needs to be given to any forthcoming examinations and all reasonable steps should be taken to avoid disrupting them | ||
| 4.3.5 | The young person will be given information on Ealing's Leaving Care Services, our access to files policy and the complaints procedure, if this has not already been provided. | ||
| 4.4 | In consultation with the young person the following people should be invited to the meeting | ||
| 4.4.1 | The young person | ||
| 4.4.2 | The young person's carers | ||
| 4.4.3 | If it accords with the Care Plan, the young person's parents | ||
| 4.4.4 | The Personal Advisor | ||
| 4.4.5 | Any other person the young person or social worker considers relevant, for example the young person's independent visitor. | ||
| 4.5 | Prior to this meeting the young person's social worker from the LAC teams should ascertain the views of: | ||
| 4.5.1 | Any school or college attended by the young person including their Connexions advisor if they have one. | ||
| 4.5.2 | Any person providing health care or treatment to the young person. | ||
| 4.6 | Pathway Assessment And Planning Meeting For Young People Remaining In The Children's Disability Team. |
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| 4.6.1 | This meeting should take place eight weeks before the young person reaches the age of 16. The purpose of this meeting will be as elsewhere in this document. This will normally take the form of a LAC review meeting. | ||
5. |
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| 5.1 | Following the first Pathway Assessment and Planning Meeting, the Personal Advisor must prepare a written statement about how the young person will be assessed. This is a statutory requirement under the Children (Leaving Care) Act Regulations, which states that the following must be included in the statement: | ||
| 5.1.1 | Who will be responsible for the conduct and co-ordination of the assessment | ||
| 5.1.2 | The timescale of the assessment | ||
| 5.1.3 | Who is to be consulted with for the purposes of the assessment | ||
| 5.1.4 | The arrangements for recording the outcome of the assessment | ||
| 5.1.5 | The procedure for making representations in the event of a disagreement | ||
| 5.2 | This statement will have been discussed with the young person at their Pathway Assessment and Planning Meeting. It will be distributed to the young person and others who are involved with the young person following consultation with them. A copy will be kept on the young person's file | ||
6 . |
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| 6.1 | Introduction |
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| 6.1.1 | All eligible, relevant and former relevant young people will have a Pathway Plan. While a young person is looked after this plan will run alongside their Care Plan. The young person's Personal Education Plan will be incorporated into their Pathway Plan. The Pathway Plan will be reviewed every six months at the statutory childcare review whilst the young person continues to be looked after. Once the young person has left care the Pathway Plan will be reviewed at a Pathway Plan Review meeting. | ||
| 6.1.2 | The Pathway Plan will be based on a Needs Assessment as defined in the regulations. As eligible young people are currently looked after they should already have an up to date needs assessment, which will have informed their care plan. This will be detailed in their Assessment and Action Record. The Pathway Plan Needs Assessment will build on this assessment | ||
| 6.1.3 | It is a statutory requirement that a Needs Assessment is completed within three months of a young person becoming an 'eligible' or 'relevant child' whether he or she does so on turning 16 years of age or later. | ||
| 6.1.4 | Where a relevant young person does not have a Pathway Plan then a Needs Assessment must be completed no later than three months after he or she becomes relevant | ||
| 6.1.5 | The assessment will normally begin six weeks before a young person is 16 and becomes eligible, following a Pathway Assessment and Planning Meeting and must be completed within three months of the young person's 16th birthday or in the case of a relevant child who does not already have a pathway plan within three months of the date he becomes a relevant child. | ||
| 6.1.6 | Where it is known that a young person is going to leave care at 16 years of age, the above process can be brought forward but the assessment cannot be finalised until the young person reaches the age of 16. This will occur only in exceptional circumstances. | ||
| 6.1.7 | It is Ealing's policy that the Pathway Plan will also be completed within three months of the young person reaching the age of 16. If a young person becomes eligible or relevant after their 16th birthday then a pathway plan will be completed within 3 months of the date they became eligible or relevant | ||
| 6.1.8 | Young people should be fully involved in the assessment, planning, decision-making and review processes. | ||
| 6.1.9 | Young people should be informed of all their options in relation to each aspect of the Pathway Plan to enable them to make informed choices. | ||
| 6.1.10 | All Needs Assessments will be recorded on the Pathway Plan and Assessment form. Young people should be given a choice as to whether they wish to complete their part of the assessment/plan on their own or in consultation with their Personal Advisor. | ||
7. |
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| 7.1 | The Assessment and Action Record for children 15 plus will be completed and will form the basis alongside the child care review plan/Personal Education Plan for planning with the young person for their independence while they remain looked after. | ||
8. |
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| 8.1 | Preparation for independence should cover all areas that the young person needs to develop in order to achieve the necessary social, emotional and practical skills relevant to independent living. | ||
| 8.2 | The needs assessment as outlined below, is based on the core assessment under the Framework for the Assessment of Children in Need and their Families although a greater emphasis is placed on assessing independent living skills (see Appendix 3). Further guidance on assessments can be obtained from the department's policy and practice guidance on the Assessment Framework. | ||
| 8.3 | It is recognised that some young people may have recently participated in assessments. These are likely to be their Looked After Children Assessment and Action Record (for young People aged 15 Years) and exceptionally a core assessment in the case of young people recently received into care over the age of 16 (this will only apply if they are 'eligible' young people) or if the young person is a parent. The Needs Assessment should not duplicate work already completed but should build on this in order to inform the Pathway Plan. | ||
| 8.4 | Methods of assessment should take full account of the young person's communication skills and mobility requirements. Where a young person requires additional assistance to fully involve them in the assessment process then this must be offered. The process of assessment should be streamlined as far as practicable with any special assessments required, e.g. due to a disability or issues of identity, self esteem, mental health or parenting skills. | ||
8.5 |
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| 8.5.1 | The young person's needs in terms of their identity which includes their race, culture, religion, sexuality, gender and any special needs arising from disabilities and emotional or psychological factors | ||
| 8.5.2 | The young person's health and development | ||
| 8.5.3 | Their needs for education, training or employment | ||
| 8.5.4 | The support available to the young person from his or her family, social, family and other relationships | ||
| 8.5.5 | The young person's financial needs | ||
| 8.5.6 | The areas on which the young person needs to work in order to develop the practical and other skills necessary for independent living and by whom the young person will be supported in each area of skills development | ||
| 8.5.7 | The young person's care, support and accommodation needs. | ||
| 8.5.8 | The steps by which the young person is to achieve full independence, with timescales, | ||
| 8.6 | Whom To Involve |
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| 8.6.1 | A flexible and creative approach, which actively engages with young people themselves, will help ensure that the eventual plan is realistic and likely to be met. Practical assistance, including travel or subsistence costs, should be provided to help young people attend meetings and ensure the process is young person friendly. Information to young people should be presented in a way that is suitable and meets any special needs they have. | ||
| 8.6.2 | The views of the young person should be central to the decision of who to involve. Others to involve should include carer's, a representative from school or college, an independent visitor, GP and anyone else the young person or the Personal Advisor/Social Worker considers relevant. | ||
| 8.6.3 | The views of the young person in respect of the involvement of their parents or anyone with parental responsibility should be listened to carefully | ||
9. |
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| 9.1 | Essentially the legal position in relation to unaccompanied young people from abroad remains the same as for all children in the context of leaving care. In other words if asylum seeking children are looked after by the local authority either under care orders or under section 20, then they will be entitled to leaving care services. The extent of these services will depend on whether they can be classed as eligible, relevant, former relevant children or persons qualifying for advice and assistance. Certainly their immigration status needs to be followed up and steps taken before the children reach 18 to regularise this if need be by assisting them in obtaining independent legal advice. Planning and preparation must consider the possibility of a negative or positive Home Office decision with regards to their right to stay and to access public resources such as housing or state benefits. | ||
| 9.2 | These two possibilities must be explored in the assessment and Pathway Plans. One possibility based on the assumption that the young person will continue to be able to access state benefits, grants, public sector housing, etc. The other based on the assumption that access to these benefits will be denied. These two possibilities should be recorded on the same plan. | ||
| 9.3 | In this latter case the young person's pathway/care plan must be based around the assumption that while an appeal is awaited they will be dependent for basic living support on NASS (National Asylum Support Service). Following the Hillingdon judgement and Local Authority circular ( 2003)13it is now clear that on reaching 18 the young people do not automatically become the responsibility of UKBA and that LA's remain responsible for the provision of after care services if young people are eligible. | ||
| 9.4 | It is crucial that when unaccompanied minors seek assistance with accommodation from the local authority that any assessments that are undertaken and services provided distinguish between accommodation provided under Section 20 and that provided under Section 17. The Adoption and Children Act 2002 has amended Section 17 of the Children Act to make it clear that Section 17 can be used to provide accommodation in circumstances where it is not necessary to provide other assistance. If unaccompanied young people are provided with assistance by way of accommodation under Section 17 this must be made clear to them in writing. Twelve weeks before the young person's 18th birthday the personal advisor and the young person should complete an application to UKBA for this support. | ||
| 9.5 | It is essential that young people seek legal advice and that appropriate Home Office documentation is obtained | ||
| 9.6 | In care planning consideration must be taken of the impact on the young person of being in a new country, of separation and loss, and psychological and physical traumas they may have experienced. | ||
| 9.7 | Consideration must be given to assisting the young person in maintaining contact with their community and exploring the possibility of family reunion. Pathway/Care Plans must address the possibility of the young person remaining in the UK or leaving the UK. | ||
| 9.8 | If a young person is required to leave the country at the request of the Home Office, a copy of the Home Office Report should be sought by the young person's Personal Advisor to aid with the young person's return to their country of origin or another country if they so wish. | ||
| 9.9 | It is unlawful to provide support for an asylum seeker over 18 who made their application for asylum after 8 January 2003, has received a negative decision, exhausted any possible appeal and failed to comply with 'removal directions' from the Home Office, unless they have a dependant child or failure to do so would breach the person's Human Rights. Advice should be sought from the Legal Department. | ||
10. |
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| 10.1 | The Pathway Plan is pivotal to the process whereby young people map out their future, articulating their aspirations and identifying interim goals along the way to realising their ambitions. | ||
| 10.2 | The completion of this plan is a statutory requirement for eligible, relevant and former relevant young people. | ||
| 10.3 | For young people who are looked after the Pathway Plan will complement and be part of the Care Plan. Once the young person ceases to be looked after the Pathway Plan will extend until the young person is at least 21 years old or until an agreed plan of education or training has been completed. | ||
| 10.4 | For young people with disabilities who are transferring to Adults Services at 18, the Pathway Plan will be used to inform the assessment of need under Community Care legislation that will be undertaken by Adults Services. Pathway Plans should be prepared for all eligible, relevant and former relevant children. For a 'qualifying' young person, there is no such requirement to prepare a Pathway Plan. For any young person provided with assistance as a child in need e.g. privately fostered, there is no need to prepare a Pathway Plan. | ||
| 10.5 | Each young person will be central to drawing up their own plan, setting out their own goals and identifying with their Personal Advisor how Ealing Council will help them. The young person's Personal Advisor should work to ensure that the plan is owned by the young person and is able to respond to their changing needs and ambitions. It should look ahead at least as far as the young person's 21st birthday and will be in place beyond that where the young person is in a Programme of education or training which take them past that age. | ||
| 10.6 | Young people should be given the choice to complete part of their own assessment and plan on their own should they so wish or to do so with their Personal Advisor or other important person. | ||
| 10.7 | A Pathway Plan will be required by the Care Leavers Accommodation Panel in order to make a decision regarding ongoing funding of placements. | ||
| 10.8 | The Pathway Plan should be agreed with the young person and their Personal Advisor and any other relevant person at a planned meeting. The plan will clearly state: | ||
| 10.8.1 | How the identified needs of the young person are to be met and by whom. | ||
| 10.8.2 | The date by which any action required to implement the plan will be achieved. | ||
11. |
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| 11.1 | Further guidance on completing this plan is available in Appendix 4 of this document. | ||
| 11.2 | The young person should be given a copy of their plan in a form, which is accessible to them. For example, if English is not the young person's first language the assessment and plan should be translated. If another person or agency is identified as playing a role in delivering part of the plan, they should, in consultation with the young person have a copy at least of the part which reflects their contribution. | ||
| 11.3 | The Pathway Plan should be agreed and signed by the relevant deputy or Team Manager and given final approval by the Operations Manager for Looked After Children and Leaving Care. As detailed in the financial assistance section of this document authority for any financial assistance can only be given by the Care Leavers Accommodation Panel or the relevant Team Manager depending on the financial assistance required. Personal Advisors should be explicit with young people as to what they are and are not necessarily entitled to. | ||
12. |
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| 12.1 | General |
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| 12.1.1 | Pathway Plans will be reviewed every six months or more frequently at the request of the young person or Personal Advisor. Up until a young person leaves care or until a young person reaches the age of 18 if on a care order this will be done at statutory child care reviews and thereafter at a designated Pathway Plan Review Meeting (see below). | ||
| 12.1.2 | However Pathway Plans should be kept under continually review as appropriate according to the young person's needs. | ||
| 12.1.3 | The Personal Advisor is responsible for arranging the reviews and meetings. | ||
| 12.2 | The Review Process For Looked After Young People |
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| 12.2.1 | The Personal Advisor will meet with the young person four weeks prior to the statutory childcare review to review and consult on the current plan. The young person and their personal Advisor will complete the Pathway Plan Review Form prior to the review. (See Appendix 5) | ||
| 12.2.2 | The young person will be consulted about whom they want present at their childcare reviews and agreement reached with their Personal Advisor. | ||
| 12.2.3 | The review will check that the goals and milestones are still right and that they are being met. Analysis of all levels of support will be reviewed to ensure they are adequate and delivered according to plan. | ||
| 12.2.4 | Contingency plans will be in place, which recognises the potential difficulties young people may face and arrange for appropriate support mechanisms. Planning will be flexible and sensitive to any problems and acknowledge the right of the young person to return for support. | ||
| 12.3 | Pathway Planning Review Meetings For Relevant Or Former Relevant Young People |
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| 12.3.1 | Once a young person ceases to be looked after the process of reviewing the Pathway Plan continues as a statutory requirement independent of the childcare review process. | ||
| 12.3.2 | Reviews of the Pathway Plan will continue at six monthly intervals unless the young person or their Personal Advisor considers that a review should take place sooner. | ||
| 12.3.3 | Prior to the review meeting the young person should be encouraged to reassess their Pathway Plan, identifying what has changed and what needs to be changed, by completing a Pathway Plan Review Form. | ||
| 12.3.4 | The Personal Advisor must draw to the attention of their Team Manager any financial implications of the review of the plan and establish whether or not there is in principle agreement to any new financial commitments. | ||
| 12.3.5 | The Review form will form the basis of the discussion at the meeting. The meeting should be chaired by the deputy manager/ manager. The meeting should be attended by:
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| 12.3.6 | The Personal Advisor will ensure that a record of the decisions and copies of the agreed/amended Pathway Plan Review Form are distributed to all participants and placed on the young person's file. | ||
13. |
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| 13.1 | Former Relevant Young People |
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| 13.1.1 | All former relevant young people will have a Personal Advisor, up to the age of 21 or until the conclusion of an agreed programme of education or training | ||
| 13.1.2 | All former relevant young people will have a Pathway Plan, up until the age of 21 or until the conclusion of an agreed programme of education or training which is reviewed every six months or earlier at the request of the young person or their Personal Advisor (see). This process should be sensitive to the young person's increasing need to take control, i.e. who should be consulted, what the Pathway Plan should cover and when it should be reviewed. N.B.: former relevant young people should receive support from their Personal Advisor as identified and agreed in their Pathway Plan. They may also be entitled to financial assistance for education, work based training, accommodation and other expenses as detailed in Section 8, Accommodation and Housing for Eligible, Relevant, Former Relevant and Qualifying Young People. |
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| 13.2 | Other Qualifying Young People |
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| 13.2.1 | Ealing has a duty to keep in contact with all qualifying young people who were looked after by Ealing up to the age of 21 or 24 years old if they are still in education. The amount of contact necessary should be assessed by the Leaving Care Service in full consultation with the young person, though as a minimum they should be contacted every three months. Contact will be carried out by a Personal Advisor in either the Leaving Care, Children with Disabilities or Adults Teams. | ||
| 13.2.2 | They may also be entitled to financial assistance for education, work based training, accommodation and other expenses. | ||
| 13.2.3 | Those young people who left care prior to October 1st 2001 will be provided with advice and assistance as is assessed appropriate to their needs. | ||
| 13.3 | Maintaining contact with relevant and former relevant young People |
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| 13.3.1 | The duty to maintain contact continues to apply even if contact has been lost with the young person. Steps taken to regain contact will be recorded. | ||
| 13.3.2 | Contact will be made at least every six months (linked to a review of the Pathway Plan). The frequency of contact will depend on the young person's needs and be outlined in their Pathway Plan. | ||
| 13.3.3 | Where the young person does not want face-to-face contact, their wishes will be respected. If the young person prefers, contact may be maintained by telephone or, in extreme cases, letter. Where a review of the Pathway Plan involves the young person travelling, reasonable travel and expenses will be met. | ||
4. The Role of the Personal Advisor
| 1. | Introduction |
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| 1.1 | Under the Children (Leaving Care) Act 2000, responsible authorities have a duty to provide eligible, relevant and former relevant children with a Personal Advisor. In Ealing this role may be undertaken by person appointed to this role, a social worker, a social work assistant or a youth worker. The contact duty for qualifying children will also be carried out by a Personal Advisor. | ||
| 1.2 | The new duties under this legislation are not retrospective and only apply to those young people in or leaving care after the Act took effect on 1st October 2001. Young people who are not entitled to a Personal Advisor may still be eligible for support under existing provisions of the Children Act 1989, as amended and will still receive a service from the Leaving Care Team. | ||
| 1.3 | The Personal Advisor will be responsible for completing the needs assessment and Pathway Plan with the young person, unless the young person's transfer to the Leaving Care Team has been delayed or a young person has been received into care following their 16th birthday (see Section 3, Planning Preparation and Support, point 3.2) | ||
2. |
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| 2.1 | To Provide Advice And Support |
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| 2.1.1 | The level of support will depend on the young person's individual circumstances and how much wider support may be available from other people, e.g. foster carer's, befrienders, mentors, specialist care workers and family networks. Some young people will require a great deal of support from their Advisor; others will need less contact as they are well supported and able to move on to independence. | ||
| 2.1.2 | The Advisor will build and develop a network of support for the young person, whose needs will change as time goes on. The Advisor must also be the first point of contact in any matter relating to the Pathway Plan. | ||
| 2.2 | To Be Involved In Understanding The Young Person's Needs And Preparing A Pathway Plan To Meet Them. |
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| 2.2.1 | The Personal Advisor will have a key role in this process and ensure that support identified builds on the young person's existing care plan. | ||
| 2.3 | To Be Involved In Reviewing The Pathway Plan |
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| 2.3.1 | Pathway Plans will be reviewed at least every six months until the young person is 21 (or longer if the young person is on an agreed education or training course). The Personal Advisor will have responsibility for agreeing any changes to the Pathway Plan with the young person and, in most cases, will be required to convene review meetings, linking with other organisations where needed. | ||
| 2.4 | To Ensure The Pathway Plan Is Met |
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| 2.4.1 | The Personal Advisor will monitor progress in close discussion with the young person and those other organisations who have been identified in the plan as required to deliver a service to the young person. | ||
| 2.5 | Personal Advisors And The Role Of Connexions Advisors |
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| 2.5.1 | The Connexions Service aims to provide young people aged 13 - 19 (24 for disabled young people) with the advice, guidance, support and personal development they need to prepare them for the transition to school to work and adult life. | ||
| 2.5.2 | It is a universal service with targeted support for looked after children and care leavers. When the young person reaches 16 it is expected that the Personal Advisor, as set out in the Children Act 1989 as amended by the Children (Leaving Care) Act 2000, will also be the Connexions Service Personal Advisor. However, specialist advice from Connexions in relation to further education, work based training and employment will be required. | ||
| 2.5.3 | A service level agreement with Connexions will be drawn up to ensure that the appropriate linkages between Children's Services and Connexions are in place and maintained. | ||
| 2.6 | To Co-ordinate The Provision Of Services And To Take Reasonable Steps To Ensure The Young Person Makes Use Of Such Services: |
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| 2.6.1 | Ensure the range of services required are identified in the Pathway Plan | ||
| 2.6.2 | Work closely with the other agencies and professionals to ensure that services are provided at the right time and that agencies understand their respective contribution. | ||
| 2.6.3 | Fully involve the young person. | ||
| 2.6.4 | Keep informed about the young person's progress and well being. Monitor progress through regular contact with agencies/individuals who are supporting. | ||
| 2.7 | To Keep Written Records In Respect Of Young Person: |
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| 2.7.1 | The Personal Advisor will maintain a written record of all contacts with and in relation to a young person. | ||
| 2.7.2 | Advisors will maintain Part 3 of the Personal Education Plan until the age of 16 years when the Pathway Plan takes over these commitments. | ||
| 2.7.3 | Advisors will complete and maintain all statutory child care records | ||
| 2.8 | To Keep In Touch |
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| 2.8.1 | The Personal Advisor will keep in touch with eligible, relevant and former relevant young people up to the age of 21 (or beyond that if the young person is on an approved Programme of education or training). | ||
| 2.8.2 | Where Advisors lose touch with young people they will take reasonable steps to re-establish contact until they succeed in regaining contact with the young person. | ||
| 2.8.3 | Advisors will be pro-active in expressing interest and concern. | ||
| 2.8.4 | Advisors will need to judge the appropriate degree of contact with young people. | ||
| 2.8.5 | Advisors will respect the wishes of young people whilst adopting the spirit of the 'good parent' and continuing to convey an interest in the young person's well being. | ||
5. The Horizon's Education and Achievement Centre
| 1. | Introduction |
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| 1.1 | The Horizon's Centre is part of Ealing Council's Leaving Care Programme and is run in partnership with Ealing Youth and Connexions Service. People wanting further information on how to access this resource should contact the Leaving Care Team who can provide appropriate contact details. | |
| 1.2 | The centre offers young people in care and those who have recently left care a `safe space' where they can get support whilst engaging in the process of leaving care. In an informal and relaxed environment young people can share experiences, seek information, help and advice in order to plan and prepare for independent living. | |
| 1.3 | The centre aims to enhance the support for all care leavers up to age 21 years (and above if continuing in education) by promoting social inclusion through programmes of social education, personal development and recreational activities in an atmosphere where young people feel valued and secure. | |
2. |
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| 2.1 | The Horizon's Centre service works in partnership with young people in developing the social and practical skills necessary to reach their full potential and as such seeks to:
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3. |
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| 3.1 | Staff at the centre will:
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4. |
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| 4.1 | The Life Skills programme is aimed at young people who are living in independent or semi-independent accommodation. The sessions consist of workshops on cooking and nutrition, budgeting exercises, health and fitness and CV writing and job search skills. The sessions are focused on equipping young people with the skills to make the transition to independent living. | |
5. |
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| 5.1 | The study support sessions are aimed at providing young people with the opportunity to use the computers, books and resources whilst receiving tutorial support from the teaching and youth work staff in after school sessions. | |
6. |
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| 6.1 | The centre becomes a female only space one night a week and the sessions are aimed at building peer support networks amongst our young women in care. The group addresses issues through group work and workshops such as self-awareness, sexual health and self defence and user led subjects which are pertinent to today's young women. | |
7. |
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| 7.1 | The Horizon's Centre offers a children and young person's rights service in partnership with Ealing Youth and Connexions Service. Young people in care can access information, advice and support on issues such as housing, benefits, budgeting, debt counselling and money management. | |
8. |
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| 8.1 | Through partnership with the Connexions Careers Service (CfBT) young people can benefit from the support of a Personal Advisor on issues such as training opportunities, finding a job or college course. | |
9. |
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| 9.1 | The education team at the Horizon's Centre provide a comprehensive educational support service for young people in care. The programme includes individual tutorial support, lessons at the centre each weekday morning and an outreach service linked to schools and colleges in and out of the borough. | |
10. |
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| 10.1 | The staff and young people at the Horizon's collectively organise the Outerlimits Day, which is an annual event every August. It takes place at the Questors Theatre in Ealing and encourages the participation of all Ealing's looked after children and care leavers. The event boasts an eclectic mix of consultations about services for young people in care, education, drama, dance and film. The Outerlimits is a day of fun and provides young people with the opportunity to demonstrate their talents and mix with their peers and staff in an informal setting. | |
6. Care Leavers Accommodation Panel
| 1. | The Aims And Objectives Of The Panel Are: |
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2. |
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N.B.: The panel meets on a monthly basis. |
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3. |
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| 3.1 | Agreeing funding for any semi-independent resource for eligible, relevant and other 16 or 17 year olds that are looked after. | ||
| 3.2 | Agreeing funding for the continuation of placements for former relevant and qualifying young people in foster care, semi-independent units or residential care. | ||
| 3.3 | Approval of quota nominations. | ||
| 3.4 | Approval of Allowances | ||
| 3.5 | Agreeing financial assistance for full time higher and further education courses. | ||
| 3.6 | Approval of Vacation Accommodation. | ||
4. |
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| 4.1 | Approval for a semi independent placement for a Relevant or Qualifying young person |
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| 4.1.1 | All requests to the panel should be part of the young person's Pathway Plan and be based on an assessment of need. The plan must include the costs of the requested placement and the expected timescales for it continuing. | ||
| 4.2 | Approval for a placement for a young person over 18 years including Supportive Lodgings with former foster carers (See Supported Lodgings Procedure) | ||
| 4.2.1 | A full assessment report and Care/Pathway Plan, which includes costings and timescales, must be presented to the Accommodation for Care Leavers Panel no later than the date when the young person is 17 years six months. | ||
| 4.3 | Approval for permanent 'quota' housing/Choice Based Lettings Scheme: |
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| 4.3.1 | When the Personal Advisor and Young Person assess that the Young Person is ready for permanent housing and, he or she is at least seventeen and a half years old, a Housing Register Form plus a Quota House request form must be completed and presented to the Care Leavers Accommodation Panel | ||
| 4.3.2 | Once approved by the Panel this application is passed to the Housing Division. The young person will then be offered a housing interview. Following this the young person will then be given the opportunity to participate in the Choice based Letting Scheme (Locata) which covers properties in Ealing and surrounding boroughs. Properties will be advertised in the 'Locata' magazine on a fortnightly basis. If a young person is interested in a property they can make a bid for it. They may make three bids per magazine and must do this within three days of it being published. The Housing Division will inform them if they have been successful. N.B.: If the young person fails to bid or is not successful with their bids over a 3 month period they may be offered a flat that is deemed suitable by Housing. This will be the final option. |
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| 4.4 | Approval for funding for full time Higher and Further Education courses |
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| 4.4.1 | Completed for the payment of ongoing allowances, grants, rent and fares. This must be completed by the young person and their Personal Advisor by 15th July each year and sent to the Team Manager. All applications must be accompanied with appropriate evidence of course acceptance, grant and benefit applications, academic achievements and rent. | ||
| 4.4.2 | All applications for those wanting financial support for further and higher education courses will then be considered by the Care Leavers Accommodation Panel by 15th August each year. | ||
| 4.4.3 | The young person and their advisor will be informed of the Panel's decision no later than 31st August each year. Late applications will only be considered in exceptional circumstances. | ||
5. |
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| 5.1 | All appeals regarding the Care Leavers Accommodation Panel's decisions must be made by the young person in conjunction with their Personal Advisor within 14 days of being notified of the decision. Appeals must be in writing and sent to the Operations Manager for Looked After Children and Leaving Care who will respond within 14 days. Young people still not satisfied can also take out a formal complaint through the Complaints process. For further details see Children's Services Procedure on Advocacy and Complaints V1B06. | ||
6. |
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| 6.1 | Course-monitoring forms (Appendices 7a and & 7b) must be sent to the Leaving Care Team Manager on a four monthly basis by the case-accountable Personal Advisor. These will inform the Panel of any change in circumstances for young people receiving funding, and provide information on educational outcomes for young people. | ||
7. |
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| 7.1 | This power has been exercised in Regulation 11 (2), which defines suitable accommodation as accommodation: | ||
| 7.1.1 | Which so far as reasonably practicable is suitable for the young person in the light of his needs, including his health needs. | ||
| 7.1.2 | In respect of which the responsible authority has satisfied itself as to the character and suitability of the landlord or other provider. | ||
| 7.1.3 | In respect of which the responsible authority has so far as reasonably practicable taken into account the young person's -
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| 7.2 | The accommodation needs of an eligible or relevant young person will be included in the assessment of needs (Regulation 7 (4) (f)). | ||
| 7.3 | The Care Leavers Accommodation Panel will ensure that approved providers that are used by our departments to ensure that we are providing our young people with suitable accommodation. N.B.: The Guidance adds to this that although the Regulation does not prohibit certain types of accommodation, it would not be sensible for 16 and 17 year olds to live completely independently and that bed and breakfast accommodation should not be considered suitable for anything but occasional, short term use. The Leaving Care Service will develop and provide a range of accommodation and partnerships with appropriate housing providers to avoid the use of unsuitable accommodation. The Guidance identifies the crucial role that voluntary organizations and social landlords have in meeting young people's needs for supported and permanent accommodation. |
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7. Assessment of Financial Need and Eligibility For Financial Assistance
| 1. | Financial Assistance For Eligible And Relevant Young People |
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| 1.1 | Financial arrangements for eligible young people are not changed by the legislation. | ||
| 1.2 | Ealing Council will have the primary income maintenance role for both eligible and relevant young people it is responsible for. | ||
| 1.3 | As a result of the Children (Leaving Care) Act 2000, eligible and relevant young people will not be entitled to Income Support, Job Seekers Allowance, or Housing Benefit. | ||
| 1.4 | Lone parents and disabled young people will continue to be eligible for benefits including Job Seekers Allowance, Income Support and any other benefits due to them because of their disability or parental status. They will not, however, be eligible for Housing Benefit. | ||
| 1.5 | Those defined as disabled and therefore able to claim benefits include someone who:
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| 1.6 | In relation to relevant young people the Guidance states that accommodation and maintenance are essentials which must always be provided 'unless the young person's welfare does not require it' together with assistance to meet needs in relation to education, training and employment as set out in the Pathway Plan (Regulation 11 (1)). | ||
2. |
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| 2.1 | The Guidance states that items to be considered as priority for funding include, but should not be restricted to:
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| 2.2 | Regulation 7 places the assessment of financial needs within a wide range of considerations including the young person's:
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3. |
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| 3.1 | Financial assistance will only be given following a Needs Assessment and on the completion of a Pathway Plan. Receipts of any benefits will be taken into account when assessing the needs and drawing up the pathway plan with the young person. | ||
| 3.2 | Relevant young people can also claim non-means tested benefits such as Disability Living Allowance (DLA). Personal Advisors are expected to check eligibility for these benefits and actively help with claiming them. Receipt of DLA will not be taken into account when assessing a young person's entitlement. | ||
4. |
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| 4.1 | All eligible young people between the ages of 16 and 18 (who meet the criteria) are looked after and the Local Authority must comply with all the provisions of the LAC system including providing accommodation and maintenance. | ||
5. |
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| 5.1 | All relevant young people who are not entitled to benefits and are not in education and/or working will be provided with a weekly allowance which will be set at the current Income Support/Job Seekers Allowance level. | ||
| 5.2 | Relevant young people are entitled to this level of maintenance even where they do not co-operate with workers or adhere to agreements made under their Pathway Plans. It is a legal requirement that it is paid and a young person's income should not fall below the level stated above. | ||
| 5.3 | All relevant young people who are in education or training will be provided with a weekly allowance, which will be set at the job seekers allowance/income support level. | ||
| 5.4 | Where relevant 16 or 17 year olds gain a place on a training scheme, any training allowance paid by the training provider should be topped up to the above mentioned level. | ||
6. |
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| 6.1 | Some young people may have funds of their own such as legacies. Ealing will treat such capital and income according to the Department of Work and Pensions (DWP) regulations governing Income Support (the Income Support (IS) (General) Regulations 1987). Advice should be sought from the DWP and the details recorded in the Pathway Plan. | ||
| 6.2 | Where a young person has been awarded a sum in compensation for a criminal injury, Ealing Council will disregard that amount entirely in the case of a relevant child. The Personal Advisor should ensure that the young person has access to sound financial advice about the best use for such funds, bearing in mind that normal rules - in respect of benefit entitlement, student loans etc - will apply when the young person reaches the age of 18. | ||
7. |
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| 7.1 | All eligible 16 and 17 year olds and relevant young people will have their accommodation costs paid for by the department. | ||
8. |
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| 8.1 | Where possible young people's income maintenance should be paid direct into a bank account. If a young person does not have their own account, they should be assisted in opening one. | ||
| 8.2 | In exceptional circumstances where a young person is assessed as not being able to maintain a bank account, direct payments can be made on an agreed basis. Such arrangements may be most appropriate where a young person has poor self-management skills, a chaotic lifestyle, or problems with drugs and alcohol, and may include part- payment direct to suppliers and the use of vouchers. The method of payment should be specified in the Pathway Plan. | ||
9. |
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| 9.1 | 16 & 17 year old care leavers who do not meet the qualifying period for 'relevant' young people will remain entitled to benefits. | ||
| 9.2 | In addition the local authority may provide them with financial assistance, in kind or, in exceptional circumstances, in cash (Section 17) to meet their particular needs. Over 18's will only be entitled to assistance under Section 24 if they qualify for help. | ||
| 9.3 | Assistance in relation to work, education or training up to the age of 24 may also be provided. | ||
10. |
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| 10.1 | Ealing Council does not have the primary income support role for former relevant and qualifying young people. It is expected that the young person's income should be derived from the same source as the young person's peers - i.e. employment, income support, job seekers allowance, housing benefit and other benefit entitlements. It is expected that the Personal Advisor will assist the young person in maximising their benefit entitlements. | ||
| 10.2 | The Department has cash-limited funds available for relevant, former relevant and qualifying young people. These funds are designed to provide assistance to them if in education, training or low paid employment, under Sections 23 and 24 of the Children Act 1989 and the Children (Leaving Care) Act 2000. Such financial support must be identified in the young person's care/pathway plan. Support for former relevant children with education and training continues until the end of an agreed programme which may be beyond the age of 24. Assistance for qualifying young people can go up to 24 if it is for education or training, 21 if it is for assistance living near employment | ||
| 10.3 | Financial assistance will only be given following a Needs Assessment and on the completion of a Pathway Plan. Receipts of any benefits will be taken into account when assessing the needs and drawing up the pathway plan with the young person. | ||
| 10.4 | Young people eligible for Section 24 support and advice prior to October 1st 2001 who are under 21 years old and not in education, training or employment will be encouraged to maximise benefits. They may also be entitled to emergency payments, setting up grants and accommodation. All payments are discretionary. | ||
| 10.5 | The S23/24 Allowances Scheme Has Four elements. As Follows:
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11. |
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| 11.1 | Applications for financial assistance may be considered from relevant, former relevant and qualifying young people. | ||
| 11.2 | Priority for education/training funding will be given to the following groups of young people:
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12. |
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| 12.1 | All young people in receipt of financial assistance from Ealing must fulfil the course requirements in terms of attendance and study. It is the responsibility of the young person's Personal Advisor to inform them of the expectations noted below and to ensure that those requirements are met. | ||
| 12.2 | These expectations are stated on the application form (Appendix 7a Course monitoring form) and will be included in a letter informing the young person of the decision regarding payment of allowances, grants and/or incentives. | ||
| 12.3 | Young People must:
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| 12.4 | Failure to adhere to these expectations will result in allowances and/or other payments being stopped. Payments/allowances in these circumstances, if reinstated, will not be backdated. Copies of Forms 7a and 7b should be kept on the child's file. | ||
13. |
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| 13.1 | Young people must apply for all grants, loans and benefits for which they are entitled. Education grants and benefits will be deducted when calculating any financial support given by the department (except student loans). | ||
| 13.2 | It is the policy of Ealing Children's Services that the financial arrangements in every Pathway Plan should be checked by obtaining Welfare Rights Advice to ensure that they are benefit-efficient and individual's incomes are maximised before any payments are made. Personal advisors are expected to carry out a benefits check in all assessments. | ||
| 13.3 | The Personal Advisor will assist young people in applying for their benefit and/or grant entitlements. | ||
| 13.4 | All 16 and 17 year olds are entitled to apply for an Educational Maintenance Allowance through Ealing Council if they are attending a full time education course. This entitles them to up £30 per week depending on attendance. Applications can also be made to the Princes Trust, which can give up to £500 to a young person to further their career or assist them in developing further. This can be done through our local Princes Trust. | ||
| 13.5 | 18 year olds who are in non advanced education may be able to claim income support and housing benefit. The law says that they may do this if they are 'estranged' from and unable to live with their parents or person acting as parent. If a young person remains in the home of a former foster parent that person should not be seen as acting in place of a parent if they charge the young person for living in their home. | ||
| 13.6 | Once a young person reaches the age of 19 they will not be able to continue to receive income support if they are in full time education. However young people may be able to access grants through their local colleges. | ||
| 13.7 | Financial assistance under Section 24 of the Children Act is to be disregarded in income assessment for benefits, housing benefit and education grants for young people 18 and over. | ||
14. |
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| 14.1 | Young people attending full time higher or further education may receive a grant to cover costs such as accommodation, including vacation accommodation, living allowances, fares and books and equipment. This amount will be set at the beginning of each financial year. | ||
15. |
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| 15.1 | The weekly level of allowance is set by the Department at the 18 to 24 year olds' Job Seeker's Allowance/Income Support level Young people will be expected to cover all their weekly living expenses from their allowance, except rent. | ||
16. |
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| 16.1 | Rent payments may be considered for young people attending higher and further full-time education courses and full time training courses where they are not eligible for housing benefit. Rent payments will be made from the course start date, until the end of the academic year. The need for continuation of the payment of rent until the next academic year must be assessed (see Vacation Accommodation point 20 below). | ||
17. |
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| 17.1 | Fares applied for young people to enable them to attend their course may be paid for those in full time higher and further education and full time training courses. Young people must apply for courses in close proximity to where they live, where available. Fares will only be paid during work time or term time and at the discounted student rate where a young person is entitled to such a discount through obtaining a student identification card. Fares will be calculated on the basis of the number of days a young person is in collage and will not include study days | ||
18. |
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| 18.1 | The allowance will be paid from the course start-date until the end of the academic year/end of course unless terminated in accordance with point 13.4 above. The young person's circumstances should be reassessed by their Personal Advisor two weeks prior to this date. This assessment must take into account the young person's ability to find employment and to benefits, and whether they intend to continue their education. A request can then be made to the Team Manager to consider whether allowances should continue. | ||
19. |
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| 19.1 | Ealing Council also has a duty to provide vacation accommodation or the means to secure it for all former relevant children in full time further or higher education if his/her welfare requires it and term time accommodation is not available. This duty continues until the end of the agreed programme of study as agreed in the young person's Pathway Plan for former relevant young people and until 24 for qualifying young people. | ||
| 19.2 | This provision applies to every vacation and is intended to ensure that the young person is not homeless during that time. The local authority must be satisfied that the young person needs accommodation because their term time accommodation is not available. The assistance may take the form of either providing the young person with suitable accommodation or paying them enough to secure suitable accommodation. | ||
| 19.3 | In so far as 'persons qualifying for advice and assistance' are concerned, there is a duty to assist with vacation accommodation only if the person concerned was looked after by the local authority between the ages of 16 and 18 and the LA is already assisting him/her in meeting the cost of expenses incurred in connection with his education. if the LA is not assisting with educational expenses in the first place then there is no duty to provide vacation accommodation. | ||
20. |
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| 20.1 | Ealing Council will consider applications for financial assistance for part time educational and training courses (less than sixteen hours a week), including short courses from relevant, former relevant and qualifying young people. Short courses are defined in the policy as ones that continue for less than a year. This financial assistance may include contributions towards a young person's living allowance, accommodation, transport costs and other expenses detailed below. | ||
| 20.2 | Young people's benefit entitlements and any income they are receiving from employment will be taken fully into consideration when calculating any financial assistance a young person may be receive. | ||
| 20.3 | The department will also consider providing financial assistance to young people in low paid work for fares to enable them to travel to their work place. | ||
| 20.4 | The department will also consider funding up to a maximum of £250 per person to pay for course books, field trips, special equipment or materials, clothing for work, experience placements and job interviews. These payments can only be made if the young person demonstrates attendance and provides proof of success on the course, placement or job. | ||
21. |
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| 21.1 | Threshold Criteria: |
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| 21.1.1 | Applications to this fund can be made by relevant, former relevant and qualifying young people Either |
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| 21.1.2 | In respect of weekly allowances, training incentives or quarterly education grants as noted above Or who are |
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| 21.1.3 | Living independently and in part-time education and/or training or in low paid work. Low income is defined as being one where a weekly allowance would be payable if the young person was resident in a care placement. | ||
| 21.2 | Details of the fund: |
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| 21.2.1 | The fund is cash-limited and managed by the Leaving Care Team Manager. | ||
| 21.2.2 | The fund will be spent on a discretionary basis, taking into account each individual's circumstances. | ||
| 21.2.3 | The Fund will generally be used for the following purposes:
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| 21.3 | Applications To The Discretionary Fund: | ||
| 21.3.1 | Applications to this fund should be made by the young person's Personal Advisor (On the Form "X "). The Team Manager is responsible for deciding on all applications to this fund. | ||
| 21.4 | Emergency Assistance |
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| 21.4.1 | The Guidance recommends that Section 17 of the Children Act 1989 could be used to meet any short-term needs for assistance for young people under the age of 18. For young people who have moved from another authority contact will be made by the Leaving Care Service with the originating authority and agreement reached, together with the young person, on how support should be best provided. | ||
| 21.5 | Young People Denied Leave To Remain |
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| 21.5.1 | Section 23/24 payments should not be used to replace benefits or grants withdrawn from a young person because they have become ineligible for them, having been denied leave to remain in the UK. Section 23/24 financial support is intended to supplement grants and benefits not supplant them. Care/Pathway Plans for such young people must anticipate the possible withdrawal of entitlement. Section 23/24 payments should not be used to continue to finance attendance on courses when benefits and/or grants are withdrawn and while the young person is awaiting their appeal to be heard. In such circumstances cases should be referred to the Placements Board for detailed discussion. | ||
| 21.6 | Leaving Care Grants |
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| 21.6.1 | Ealing's care leavers aged between 17 and 23 (inclusive) can apply for a Leaving Care Grant. The maximum levels for Leaving Care Grants are set annually. The grant must be spent on household items relevant to living independently. It is possible to access part of this grant prior to the young person obtaining their permanent tenancy (e.g. to move into semi-independent accommodation). The Personal Advisor, young person and manager will decide whether or not the young person can be given the money directly to purchase the items themselves. In most situations the young person will be accompanied by their Personal Advisor or carer while spending the grant, and VAT receipts obtained where possible. | ||
| 21.6.2 | Contents insurance and a TV license should be purchased from the leaving care grant. Renewal of these annually becomes the young person's responsibility. | ||
| 21.6.3 | All care leavers aged 16 up to and including their 18th birthday will receive a Birthday and Christmas present to the value of £15 for each. | ||
| 21.6.4 | Where they are eligible, young people must apply for a Community Care Grant from the Benefits Agency Social Fund. If they are successful in obtaining a grant (not a loan), this amount will be deducted from the Leaving Care Grant. Before applying for this grant please consult with a Welfare Benefits Worker. | ||
| 21.6.5 | All requests for grants are to be made on the appropriate application forms (Form "X") and sent to the Team Manager for approval. Once approved the application will be returned to the young person's Personal Advisor. Details of all financial expenditure should be recorded in the finance section of the file. | ||
8. Accommodation and Housing for Eligible, Relevant, Former Relevant and Qualifying Young People
| 1. | Introduction And Guiding Principles |
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| 1.1 | The Homelessness Act 2002 requires Local Housing authorities to carry out a homelessness review and formulate a homelessness strategy. | ||
| 1.2 | Former relevant young people and other young people under 21 who have been looked after beyond the age of 16 by a local authority, an other agency or privately fostered now have 'priority need' for accommodation as defined by the Housing Act 1996 (except where they are eligible for vacation accommodation). | ||
| 1.3 | Ealing Council are currently developing a joint protocol to ensure that all relevant divisions play a full role in developing support to these young people. | ||
| 1.4 | Personal Advisors will work closely with their colleagues in the housing division to ensure the best possible outcomes for our care leavers in line with our responsibilities and within our resources. | ||
2. |
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| 2.1 | These are the following legal options to provide 'accommodation' or assistance with 'accommodation' under the Children Act 1989 as amended by the Children (Leaving Care) Act 2000 | ||
| 2.1.1 | Discretion under S17. | ||
| 2.1.2 | Discretion under S20(4) to provide accommodation if to do so would safeguard or promote the welfare of a person under 18. (This would mean the person was 'looked after') | ||
| 2.1.3 | Discretion under S20(5) to provide accommodation in a community home to a young person who is 16 to 21 if that would safeguard the child's welfare. ( This would mean the person was 'looked after'- up to age 18 years) | ||
| 2.1.4 | Duty to provide 'suitable accommodation' to 16 and 17 year old 'relevant ' young people unless satisfied that their welfare does not require it | ||
| 2.1.5 | Duty towards 'former relevant' young people
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| 2.1.6 | Duty towards 'qualifying' young people
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3. |
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| 3.1 | Ealing's Council are responsible for assessing the accommodation needs of relevant young people (aged 16 and 17 years) and are responsible for meeting its costs. This is Children's Services primary responsibility if child is a relevant one or a duty is owed under S20 CA 1989. | ||
| 3.2 | A needs assessment will take place of the young person's accommodation needs, which will be undertaken by the Personal Advisor. This must take into account the young person's present situation, available supports, level of vulnerability, independence skills, and make recommendations as to appropriate accommodation options. | ||
| 3.3 | The Team Manager in consultation with the Operations Manager for Looked After Children and Leaving Care can approve short-term accommodation in emergency situations. Longer-term accommodation must be agreed by the Care Leavers Accommodation Panel and be incorporated in the young person's care and / or pathway plan. | ||
4. |
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| 4.1 | Assessment Process |
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| 4.1.1 | The Personal Advisor, in conjunction with the young person, other relevant professionals, and in consultation with his/her Team Manager, should assess the individual needs and circumstances of the young person in order to consider if a case should be put to the Care Leavers Accommodation Panel for the continuation of a living arrangement beyond the age of 18. Such a need should be identified prior to the young person's 18th birthday, except in exceptional circumstances, and be included in their Care/Pathway Plan. | ||
| 4.1.2 | Living arrangements include former foster care, semi independent units and residential children's homes. | ||
| 4.1.3 | The following sets out the four situations in which requests for continued accommodation are most likely to be made:
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| 4.1.4 | It is not anticipated that young people aged 20 years will be provided with continuing care placements under Section 24. | ||
| 4.2 | Early Planning And Review Process |
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| 4.2.1 | Consideration of after care and independence planning should be made at the earliest reasonable point. In circumstances where there is discussion of a young person requiring a placement beyond 18 years, the Operations Manager for Children's Placements must be consulted. The need should be identified at the young person's review meetings and in their Care/Pathway Plan, with placement options and comparative costs being noted. The leaving care and/or disability Team Manager (as appropriate) must be consulted in all such cases. | ||
| 4.2.2 | The issues that will inhibit a young person achieving successful independence by 18 years must be clearly identified when he/she is 16 years old. A plan of work should be negotiated with the young person and his/her carers who will assist the young person to achieve independence at 18 years. Consideration should be given to the type of placement, which would best facilitate a move from Care to Independence and should form part of the Care/Pathway Plan. | ||
| 4.2.3 | In all circumstances, the appropriate Area Operations Manager and the Children's Placements Operations Manager should see the review papers and Care/Pathway Plan for a young person aged 16 or 17 where a continued placement may be required, within a month of each review meeting. The quality of the plan in developing independence skills should be considered by the above Operations Managers, to see if everything is being done to assist the young person to achieve independence by 18 years. | ||
| 4.2.4 | For unaccompanied young people from abroad consideration must be taken of their likely future immigration status. | ||
| 4.2.5 | In the case of a young person with a disability, a referral should be made to the relevant Adult Care Management Service when the young person is 16 years, so that an assessment can be undertaken of whether or not the young person meets the criteria for adult service provision. | ||
| 4.3 | Review Of A Placement |
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| 4.3.1 | Reviews must be held at six monthly intervals as long as the young person over 18 resides in a care placement. The one exception is where the Adults Division has assumed care responsibility for a young person with disabilities, in which case the Adult Services process of review and planning will apply. | ||
| 4.3.2 | Requests for continued funding of a placement for an over 18 year old must be re-presented to the Care Leavers Accommodation Panel at intervals requested by the Chair in the light of the circumstances of the case. | ||
| 4.4 | Responsibilities Of Young People Who Are Provided With A Placement Beyond 18 Years |
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| 4.4.1 | It will be the responsibility of every young person provided with a placement to use the resource to best effect. The young person will be involved fully in decision-making meetings and in the setting of goals and plans for independence. | ||
| 4.4.2 | Where young people are not in full time education and in receipt of benefits they will be expected to make a contribution from to their living and accommodation costs. This will be detailed in their Pathway Plan. | ||
| 4.4.3 | Young people who are in Year 13 and who are 18 prior to the end of the academic year will continue to be treated as those who are under 18. Therefore boarded out and maintenance will be paid to the carers until the end of the academic year or if the young person is going to university until September. However, the young person will be expected to claim all benefit entitlements, assisted by their Personal Advisor. Boarded out and Maintenance payments will be adjusted accordingly. | ||
| 4.5 | Supportive Lodgings With Foster Carers |
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| 4.5.1 | Young people 18 - 19 years who wish to remain with former foster carers, and this has been agreed by the Care Leavers Accommodation Panel will claim their full benefit entitlement, income support or jobseekers allowance, housing benefit. This arrangement will be seen as supported lodgings | ||
| 4.5.2 | An additional amount of housing benefit may be payable for 'counselling' and support under the transitional housing benefit scheme in appropriate cases. The young person will be expected to pay for the cost of the lodgings from their benefits and to maintain themselves. This will be seen as a private arrangement between the young person and former foster carers, young people's Personal Advisor will assist in helping make claims for benefit. | ||
| 4.5.3 | The Department will consider paying an amount towards the former foster carer for their extra support. Any such payment will be agreed by the Children's Placements Operations manager. Former foster carers of the young person can discuss needs for additional funding for extra support with the young person's Personal Advisor who will present the case to CAM. Likely situations are:
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| 4.5.4 | In the situation where a young person over 18 years old is failing to make effective use of a placement financed by the Children's Services Division, a meeting will be held within two weeks to discuss the continuation of the placement and will include the young person. If the outcome of such a meeting is to continue the placement, this should be reported to the next Care Leavers Accommodation Panel which will consider ratifying the decision.
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| 4.6 | Effect On Foster Carers |
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| 4.6.1 | As a young person moves from being a foster child to a lodger, foster carers who claim benefit for themselves may find their own benefits affected. | ||
| 4.6.2 | If they get income support, housing benefit, council tax benefit, income based jobseekers allowance, or either of the tax credits, the usual rule is that the first £20 of income from a lodger is ignored, half the remainder is taken into account and will reduce the amount of benefit paid. | ||
| 4.6.3 | If they are providing respite or temporary care to a disabled young person, all of the money they get from both Social Services and the young person can be ignored however. | ||
| 4.6.4 | Income from lodgers is taxable but there is a special tax allowance, which applies to income from renting a room in your home. In most cases no tax will be payable. Leaflet IR87 from the Inland Revenue gives more details on this. | ||
| 4.6.5 | If they receiving income support or jobseekers allowance they should claim a community care grant, which is a one off lump sum payment to help them set up home. | ||
| 4.6.6 | However, community care grants are discretionary and some young people may not receive one if their local benefits advice decides they are not a priority group. They may be advised to claim a loan instead which they will have to repay each week from their benefit. If this happens, get advice. | ||
| 4.6.7 | To claim a grant - get form SF300 from the local Benefits Agency office. N.B.: For further advice on benefit entitlements, contact the welfare benefits advisor at the Horizon's Centre. |
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| 4.7 | Responsibility Of Carers To Young People Who Are Over 18 Years Old |
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| 4.8 | Permanent Housing For Former Relevant And Qualifying Young People |
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| 4.8.1 | All former relevant and qualifying young people who have no other access to housing or a family home can apply for a Priority Housing Nomination/quota housing. | ||
| 4.8.2 | These young people can apply between the ages of 17 years 6 months and 20 years (inclusive). Exceptions will be made for young people up to the age of 24 years if in training or education which requires them to live outside Ealing and at the discretion of the Team Manager with the agreement of the Care Leavers Accommodation Panel. | ||
| 4.8.3 | The young person should be nominated by their Personal Advisor to the Team Manager, when the young person is 17 years six months, unless the young person is considered not to be ready for taking on a tenancy after consultation with the Team Manager or senior practitioner. Young people will not be offered housing until they turn 18. The Team Manager must be assured that:
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| 4.8.4 | If the Team Manager is satisfied with the nomination, it will then be considered at the Care Leavers Accommodation Panel. | ||
| 4.8.5 | The Panel, which meets monthly will consider what level of housing support is relevant for the young person, based on the information and assessment provided by their social worker. There are four levels of support available:
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| 4.8.6 | For young people wanting accommodation outside Ealing, due to strong connections in other areas (e.g. foster carers, family members), attempts will be made to access accommodation in that area. Accommodation cannot be guaranteed, as it is at the discretion of the other local authority concerned. | ||
| 4.8.7 | The responsible authority has an obligation to inform the local authority in which the young person resides and may need to purchase ongoing support services from that authority. | ||
| 4.8.8 | Ealing Council runs a choice based lettings scheme. Information available in a magazine (Locata) which twice a month advertises properties available. Young people accepted as eligible for quota housing may select three properties that they are interested in and apply for these by completing the "bidding " form in the magazine. Housing will make a decision to accept the "bid" based on how many other people apply for the same property. Once the "bid " is accepted a young person is offered the opportunity to view the property along with two other people. If the young person wants the property they must inform housing after viewing. The property will then be offered to the young person if they are the only one interested or the one who is highest priority out of those bidding. The property is usually a studio and, on occasions, a one bedroom flat. Where young people have dependant children or siblings, or have particular needs for housing accommodation with others, Children's Services will negotiate with the housing division as to how best to meet their housing needs. Young people must be advised of this policy and encouraged to accept reasonable offers of accommodation. | ||
| 4.9 | Qualifying 18 To 21 Year Olds Who Are Not Entitled To Permanent Housing Through The Quota/Choice Letting Scheme |
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| 4.9.1 | Young people who are need of accommodation due to homelessness can ask for assistance to help find accommodation from the leaving care service and Homeless Persons Unit. | ||
| 4.9.2 | The Leaving Care Service will work with permanent housing providers in assisting care leavers to obtain permanent housing. | ||
| 4.9.3 | A young person's accommodation costs, if they are considered vulnerable. | ||
| 4.9.4 | Financial assistance may be given to young people to finance the cost of a deposit for accommodation in the private sector. | ||
5. |
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| 5.1 | Young people with low support needs may access a range of semi-independent agencies, currently provided by Housing Associations within the borough. These are accessed by consultation with the Accommodation Officer, who will advise on vacancies available and of the suitability of the young person for individual schemes. | ||
| 5.2 | Once the Care Leavers Accommodation Panel has agreed the proposed plan, an application form is then completed and the young person interviewed by the association. This process should be completed by either the Accommodation Officer or the young person's Personal Advisor in consultation with the young person. | ||
| 5.3 | These schemes generally come at no cost to the local authority, however if additional support costs are requested, the Care Leavers Accommodation Panel must agree to the funding of this. | ||
| 5.4 | Young people with high support needs may be considered for a highly supported intensive placement. The placement team needs to be consulted on the suitability/availability of their service for individual young people. If this is not an available option, the Accommodation Officer has an approved list of private agencies offering this service. | ||
9. Semi- Independence Outreach Team
| 1. | Outline of Service |
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| 1.1 | This service provides outreach support to Care Leavers with varying levels of support, guidance and input as identified by the social worker. | |
| 1.2 | The Semi Independence Outreach Team (SOT) will aim to ensure that Care Leavers are provided with key areas of support so that they can acquire independent living skills. | |
| 1.3 | The service will plan and provide services in partnership with the Care Leaver, friends, advocates, relevant staff and other independent and statutory agencies in order to ensure that the individual needs of the Care Leaver are addressed and in particular that the five outcomes of the Every Child Matters agenda are promoted. | |
2. |
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| 2.1 | Care Leavers eligible for the outreach service will have previously been a Looked After Child and at the age of eighteen be classified as a Care Leaver and entitled to apply for Quota Housing. | |
| 2.2 | Care Leavers who are eligible for the Outreach Service but have no legal status (Unaccompanied Minors) will also be supported in private rented accommodation. | |
| 2.3 | Care Leavers will be assessed as to their needs and their suitability for the service and their ability to benefit from this type of support. | |
3. |
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| 3.1 | The Care Leaver will be assessed as to their need for an Outreach Service by their allocated social worker in the Leaving Care Team. | |
| 3.2 | The social worker will refer the Care Leaver to the Semi- Independence Outreach Team via the Access to Resources Team (ART) using the SOT referral form. A copy of the Pathway Plan should be attached to the referral form as well as any additional useful information. | |
| 3.4 | SOT will respond to the social worker and ART team within seven working days of a referral being made (following the weekly Allocation meeting to notify of outcome of referral. | |
| 3.5 | SOT will then undertake an assessment and an Independent Life skills Programme will be started at a level of the Care Leavers ability. Specified goals and outcomes will be set for the Care Leaver to achieve within a realistic timescale. | |
4. |
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| 4.1 | Housing and Accommodation Support will be provided to Care Leavers from the SOT as identified and as part of their individual Life Skills Programme. | |
| 4.2 | The Life Skills Programme will include;
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| 4.3 | SOT will where required provide sufficient support and guidance to enable Care Leavers as tenants in private and council accommodation to maintain and benefit from their tenancy and ensure maximum level of independence is achieved as appropriate to their assessed ability. Support will include;
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| 4.4 | Support Plans will be provided to the Care Leaver and allocated social Worker on a monthly basis and will be updated and revised as necessary. | |
10. Representations, Complaints and Advocacy
| 1. | Right Of Care Leavers To Complain About The Local Authority |
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| 1.1 | Under the new arrangements, local authorities will continue to have a duty to provide most care leavers with the full representations and complaints process required by Section 26 of the Children Act 1989 and the Representations Procedure (Children) Regulations 1991. The definition of 'complainant' in Reg. 2 will include the following care leavers:
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| 1.2 | The procedures, which apply to complaints made to local authorities about their services under Part III of the Act, 'Local Authority Support for Children and Families', will include complaints about such services provided to these care leavers. | |
2. |
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| 2.1 | From 1st October 2001, local authorities will have a new duty to provide an initial 14 day informal resolution stage in the complaint process to most care leavers:
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| 2.2 | The time period begins when the local authority receives the complaint. Upon receipt the authority will provide a written summary of the complaint to their designated complaint officer and will try 'by informal means' to reach a settlement to the 'satisfaction' of the young person (Stage 1). | |
| 2.3 | If the young person is not satisfied with the resolution of his complaint at the end of the 14 day period, the local authority will notify the complaint officer of the failure and the young person of this right to begin the formal complaint process. Notices must be in writing. (Stage 2) | |
| 2.4 | The new duty is set out in Reg 3A of the Representations Procedure (Children) Regulations 1991 (added by Reg. 13(3) of the Children (Leaving Care) Regulations, as authorised by new Sec 24D of the Act). The right to pursue a complaint formally if the informal resolution is unsuccessful is found in Reg 4(1)(a) of the Children (Leaving Care) Regulations). The requirement that notices be in writing is in Reg. 2(2) of the Representations Procedures. | |
| 2.5 | At all stages the young person will be advised and assisted in making contact with the NCH Independent Children's Rights Officer. | |
3. |
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| 3.1 | The Leaving Care Service will be reviewed at a minimum of three yearly, to ensure effectiveness and best value. The review will contain an independent element. | |
| 3.2 | The Leaving Care Service will be required to provide annual reports reflecting outcomes specifically related to the services provided in response to the Children Act 1989 and Children (Leaving Care) Act 2000. The service will evaluate its outcomes and seek to improve its service provision. | |
4. |
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| 4.1 | The Department is committed to developing services in partnership with service users. | |
| 4.2 | The Leaving Care Service will develop and maintain systems that actively seek to involve, consult and encourage active participation of service users in the development, maintenance, review and evaluation of services. | |
Appendix 3 - Relationship with the Assessment Framework and LAC Materials
| Assessment Framework Children (Leaving Care) Act Planning | ||
| NEEDS ASSESSMENT | PATHWAY PLANNING | |
| Health | Health and development | Health needs, including mental health needs, how they are to be met |
| Education | Education, training, employment | A detailed plan for education or training, or assistance in employment |
| Emotional and behavioural development including identity | Health and development | Health needs, mental health needs, how they are to be met |
| Family and social relationships | Family and other relationships | Support to develop and sustain family and social relationships Nature and level of personal support |
| Social presentation and self-care skills | Practical and other skills necessary for independent living | Programme to develop practical and other skills to live independently |
| Parenting capacity | ||
| Basic care, ensuring safety, stimulation, guidance and boundaries, stability | Support available from family Support to sustain other relationships |
Family and social relationships Nature and level of personal support Contingency plans |
| Family and environmental factors | ||
| Family history and wider family | Support available from family and other social relationships | Support to maintain family and social relationships |
| Housing | Care, support, accommodation | Details of accommodation |
| Employment | Education, training and employment | Assistance in employment |
| Income | Financial needs | Financial support |
| Family's social integration | Support available from family and other social relationships | Support to develop and sustain family and other social relationships |
| Community resources | Areas identified above | |
From 'Figure 1: The Assessment Framework, Looking After Children and the Assessment of Needs and Pathway Plans.' C(LC)A Guidance, chapter 5.
Appendix 4 - Pathway Planning Checklists
| 1. | Practical and Other Skills |
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| 1.1 | Pathway Planning will demonstrate a holistic approach, attaching equal importance to practical, emotional, and interpersonal skills. | ||
| 1.2 | Assessment and an agreed plan in respect of the following will be included in the Pathway Plan. The aims and goals a young person wishes to achieve will be set out clearly with timescales as to when it is hoped they will be achieved by. | ||
| 1.3 | Self care skills
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| 1.4 | Practical skills
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| 1.5 | Financial assistance | ||
| 1.5.1 | The Pathway Plan will set out clearly the financial support arrangements for the young person, including how it is to be delivered. The plan will detail the financial costs and timescales for any requests for funding either to the Housing and Education Care Leavers Panel or for requests to the Section 24 discretionary fund. It will include any contributions the young person is required to make from either benefits or from employment (see). | ||
| 1.6 | Interpersonal skills
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| 1.7 | Identity
N.B.: It is important to recognise that particular attention may be necessary to meet the special needs of young people with learning or physical disabilities. |
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2. |
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| 2.1 | This will include:
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| 2.2 | Level of support:
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| 2.3 | Specific role of the Personal Advisor:
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3. |
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| 3.1 | Pathway Planning will deal with health needs, including any mental health needs, and how they are to be met. Planning will:
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4. |
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| 4.1 | The Leaving Care Service will enable and support young people to maintain and create links with families and friends. This will always include extended family members. | ||
| 4.2 | Pathway Plans will explore sources of informal support and a young person's ability to make and sustain such relationships. | ||
| 4.3 | Pathway Plans will include an assessment of the potential for young people to live with, or close to, such support. | ||
| 4.4 | Pathway Plans will include an assessment of the potential for substitute carers to support young people once they have moved on - foster carers, residential staff - on agreement with the young person and previous carers. | ||
| 4.5 | Every effort will be made to combat social isolation and to enable young people to strengthen their resistance to exploitation by others. | ||
5. |
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| 5.1 | Pathway Planning for eligible and relevant young people will build upon the educational progress made whilst the young person was looked after. | ||
| 5.2 | The Pathway Plan will include: |
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| 5.2.1 | A continuing assessment of the young person's progress using the appropriate recording mechanisms within the Integrated Children's System while the young person remains looked after including the young person's Personal Education Plan. | ||
| 5.2.2 | It will take account of the young person's identity in the choice of education or training program and types of support. | ||
| 5.2.3 | It will reflect the needs and potential of the young person. | ||
| 5.2.4 | It will aim to enable young people to make the most of educational and training opportunities provided for a young person. | ||
| 5.2.5 | The Personal advisor will encourage the young person to continue in Education for as long as is needed to embark on a fulfilling career and maintain appropriately high expectations for each young person to succeed. | ||
| 5.2.6 | It will demonstrate evidence of contact with school/college, and include attendance at parent's events. | ||
| 5.2.7 | Help and encouragement with education will be recorded within the Pathway Plan. | ||
| 5.2.8 | It will identify what work remains outstanding, who is responsible and timescales for the completion of the identified objectives. | ||
| 5.2.9 | Cover any remedial education required. | ||
| 5.2.10 | The Personal Advisor will liaise with the Education Department, Connexions and Career Services and other relevant authorities in order to ensure the best possible educational outcomes for young people. | ||
6. |
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| 6.1 | The Pathway Plan will set out how the responsible authority will assist the young person in employment or seeking employment, Schedule 1, para 4. | ||
| 6.2 | Specific attention will be given to:
N.B.: Further information can be obtained in the Procedures for Training, Education and Employment. |
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7. |
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| 7.1 | Consideration should be given to the young person's:
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| 7.2 | The needs assessment will have identified what specific assistance a young person will need in relation to accommodation and what types of accommodation are suitable to meet a young person's needs. | ||
| 7.3 | In addition, the Leaving Care service will consider the range of needs they may need to meet when they consider their duty to provide accommodation for eligible and relevant young people. | ||
| 7.4 | The Leaving Care service will:
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| 7.5 | In particular, they will bear in mind that young people who have been fostered may wish to remain in their foster home. Where young people have left care, this may mean converting the arrangement to supported lodgings. | ||
8 |
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| 8.1 | The Plan will clearly state what action will be taken if the plan ceases to be effective for any reason. | ||
| 8.2 | Many young people experience difficulties and the occasional crisis during their journey to adulthood. It is therefore essential that potential crisis are foreseen as far as possible and contingency arrangements are built into the Pathway Planning process. For example, young people may need more than one attempt at finding an educational course that suits them. | ||
| 8.3 | Contingency arrangements need to be holistic, capable of responding to difficulties in any of the core areas of young people's lives - social relationships, accommodation, finance and employment, for example, loss of a job or the breakdown of an important relationship may stimulate crisis in other areas of a young people's lives. | ||
| 8.4 | Contingency plans need to be flexible and sensitive. Young people may find it difficult to admit to failure or to acknowledge the need for extra help. Contingency planning should therefore acknowledge the right of young people to live independently where there is feasible but also have arrangements in place that make it easy to return for subsequent support. | ||
Appendix 5 - Pathway Planning Review Form
Click here to view Appendix 5 - Pathway Planning Review Form
Appendix 6 - Suggested List of Basic Equipment
Click here to view Appendix 6 - Suggested List of Basic Equipment
Appendix 7a
- Course Monitoring Form Part A (to be signed by young person)
Click here to view Appendix 7a - Course Monitoring Form Part A ( to be signed by young person )
Appendix
7b - Course Monitoring Form
Click here to view Appendix 7b - Course Monitoring Form
End