3.10.1 Leaving Care and Transition
SCOPE OF THIS CHAPTER
These procedures apply to young people who are or have been in care and are entitled to support after their 16th birthday.
There are three categories of those leaving care all of whom are entitled to support after their 16th birthday. The categories are Eligible, Relevant, and Former Relevant.
These Procedures also refer to Qualifying Young People who may receive support, advice and assistance after their 16th birthday.
NOTE: with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000.
Note that when a young person leaves care or transitions to another placement, suitable luggage should be used. A child's belongings should never be transported in bin-bags or other inappropriate containers (see NYAS, My Things Matter Report). |
RELATED CHAPTERS
Unaccompanied Asylum Seeking Children Procedure
Aftercare under Section 117 of the Mental Health Act 1983 Procedure
Representation, Advocacy and Children's Rights
RELATED GUIDANCE
Interpretation and Translation Service
AMENDMENT
In August 2024 this chapter was revised to include additional guidance on our 21+ Leaving Care Offer, please refer to Section 2.9, Pathway Planning for those Aged 21 and up to their 25th Birthday.
1. Introduction
The Children and Social Work Act 2017 introduced 3 provisions:
- A duty on local authorities which requires them to offer Personal Adviser support to all care leavers towards whom the local authority had duties under section 23C of the Children Act 1989, up to age 25 - irrespective of whether they are engaged in education or training. This includes care leavers who return to the local authority at any point after the age of 21 up to age 25 and request such support. (Under previous legislation, local authorities were required to only provide care leavers with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 if a care leaver was engaged in education or training. However, this support was not available to care leavers aged over 21 who were not in education, training or employment);
- A duty on local authorities to consult on and then publish their 'local offer' for care leavers, which sets out both care leavers' legal entitlements and the additional discretionary support that the local authority provides;
- A duty on local authorities which requires them to have regard to seven 'corporate parenting principles', that will guide the way in which the local authority provides its services to children in care and care leavers.
These are specific requirements in addition to the existing provisions relating to support for care leavers. The Children and Social Work Act does not extend all care leaver support to age 25.
The duty that extends Personal Adviser support (where requested) to all care leavers means that the local authority continues to exercise functions in respect of care leavers to age 25 and should therefore apply the corporate parenting principles when exercising those functions.
The ultimate aim of leaving care services is to support care leavers so that they can experience a smooth transition and go on to live successful independent lives. Each care leaver will reach that point at a different age and there should be no assumption that the duty means that all care leavers will require statutory support until the age of 25. Children are supported to prepare for their future and develop their independence in line with their individual needs, while protecting themselves from being in unsafe situations or with unsafe people.
The duty therefore means that local authorities do not necessarily need to provide the same level of support to care leavers aged 21 to 25 as it does for those aged 18-20. The duty does however enable local authorities to respond positively to requests for support from care leavers aged 21-25 who may be continuing to struggle with the transition to independence and adult life. Care leavers will receive the practical, emotional and financial support they need until they are at least 21 and, when necessary, until they are 25.
Preparation for Independence
Care leavers should leave care and move towards independence at a time and pace that is right for them. Young people are encouraged to remain in care until their 18th birthday, when this is in their best interests. After their 18th birthday, they are supported to live with or close to the people who are important to them, such as previous carers or their immediate or extended family. Positive and loving relationships and social networks established while they were in care should be helped to endure into adulthood.
Care leavers will be helped to develop the skills and confidence they need to become independent and successful adults, for example being able to manage their finances and parenting skills.
They will be provided with all the key documents they need to give them control over their lives as young adults, such as national insurance numbers, birth certificates and passports; and the resources and financial support they need to engage with education, employment and training and to connect with people who are important to them. For example, devices to get online, reliable and affordable internet access and affordable transportation.
Making Good Decisions for Care Leavers
The wishes and feelings of care leavers should be set out clearly in timely and authoritative assessments. Planning for leaving care should start sufficiently early to meet young people’s needs and build on existing care and personal education plans. Young people should be actively involved in creating plans for their future and their views are central to decisions about their lives.
Decisions about care leavers should consider any needs related to their specific circumstances, including whether they are an unaccompanied asylum seeker, a young parent or have had contact with the criminal justice system.
2. Definitions
Normally the definitions relating to Keywords are found by accessing the Keywords Appendix, but a number of the terms used in this procedure are specific to it; therefore, they have also been summarised below:
2.1 Eligible Young People
They are aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and are still in care. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the parent.) There is a duty to support these young people up to the age of 18, wherever they are living.
The statutory definition and requirements to undertake a needs assessment, prepare a Pathway Plan, keep the Pathway Plan under review and appoint a Personal Adviser are now covered by Regulations 42, 43 and 44 of the Care Planning, Placement and Case Review Regulations 2010.
Unaccompanied Asylum Seekers are eligible young people, and these procedures apply to them if they are in in Local Authority Care.
2.2 Relevant Young People
They are aged 16 or 17 and are no longer a Child in Care (LAC), having previously been in the category of Eligible Young Person when in care. However, if after leaving care, a young person returns home for a period of 6 months or more to be cared for by a parent and the return home has been formally agreed as successful, they will no longer be a "Relevant Young Person".
A young person is also "Relevant" if, having been in care for three months or more, he or she is then detained after their 16th birthday either in a hospital, remand centre, young offenders' institution or secure training centre. There is a duty to support Relevant Young People up to the age of 18, wherever they are living.
The statutory definition and requirements to stay in touch with the young person, undertake a needs assessment (unless this was done when the young person was 'Eligible'), prepare and keep the Pathway Plan under review, appoint a Personal Adviser (unless this was done when the young person was 'Eligible') and provide accommodation and assistance to meet their needs in relation to education, training or employment are now covered by Regulations 4 to 9 of The Care Leavers (England) Regulations 2010.
2.3 Former Relevant Young People
They are aged 18 to 21 (or up to 24 if in full-time further or higher education) and have left care having been previously either "Eligible", "Relevant" or both. There is a duty to consider the need to support these young people wherever they are living.
The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training remain unchanged they are now covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010. These duties continue until the young person becomes 21 or, where the Pathway Plan sets out a programme of education or training beyond 21, they continue so long as the young person pursues the programme. The duty to pay a higher education bursary also continues, as before for those who started a course of higher education after 2008.
The duties of Local Authorities are extended in relation to Former Relevant Young People who inform the Local Authority of their wish to take up a programme of full time further or higher education after the age of 21 and under the age of 25. In relation to these young people, the Local authority has a duty to:
- Appoint a Personal Adviser;
- Carry out an assessment of the needs to determine what assistance (if any) it would be appropriate to provide;
- Prepare a Pathway Plan;
- Give assistance to the extent that the young person's educational or training needs require it. The kinds of assistance are: contributing to expenses incurred by the young person in living near the place where s/he is, or will be, receiving education or training; or making a grant to enable the young person to meet expenses connected with his education and training;
- For those in full-time education, aged 16-19 access to the bursary fund (see the GOV.UK website) which came into place in 2011 see Section 10.3, The 16-19 Bursary Fund and Higher Education Bursary.
The duties of the Local Authority subsist for as long as the young person pursues the programme of education or training in accordance with the Pathway Plan, and the Local Authority may disregard any interruption in the education/training if it is satisfied that the young person will resume it as soon as is reasonably practicable.
In each case where a care leaver requests this support, the Local Authority will need to assess the appropriateness of the course and how it will help the young person to achieve their ambitions. The extent of the practical and financial assistance provided will reflect the type of course, whether full- or part-time, and the young person's existing income.
2.4 Qualifying Young People
They are over the age of 16 and under the age of 21, (or up to 24 if in full-time further or higher education), and have been Looked After or, if disabled, have been Privately Fostered after reaching 16, but do not qualify as Eligible, Relevant or Former Relevant. They may receive support, advice and assistance wherever they are living. If in full-time further or higher education, this may include assistance in relation to securing vacation accommodation. They may also qualify if they are the subject of a Special Guardianship Order (SGO) and were Looked After immediately before the SGO was made.
2.5 Unaccompanied Asylum Seeking Children (UASC) and Victims of Trafficking
Under the Care Leavers (England) Regulations 2010, a care leaver's needs in relation to their status as a victim of trafficking or an unaccompanied asylum seeking child must be considered when the local authority is preparing an assessment of needs and to require that, where a child is a victim of trafficking or an unaccompanied asylum seeking child the local authority must consider whether their related needs are being met when reviewing the child's pathway plan.
2.6 16/17 Year Olds who Cease to be Looked After
Please refer to 'Appendix 1: DCS Decision S20 16-18 Year Olds Leaving Care Flowchart'.
Any decision to cease looking after a young person aged 16 or 17, who is Looked After other than by virtue of a Care Order, must be approved by the Director of Children's Services. The young person must have been looked after for at least 20 working days before this applies. The Director must be satisfied that:
- Ceasing to look after the young person will safeguard and promote their welfare;
- The support the Local Authority intend to provide will safeguard and promote the young person's welfare;
- The young person's readiness and preparation for leaving care;
- The young person's wishes and feelings have been ascertained and given due consideration;
- The young person's Independent Reviewing Officer has been consulted;
- The young person's relatives have been consulted, where appropriate;
The process for when 16 and 17 year olds leave the LAC Service whether the placement end is planned or unplanned is outlined in Section 6, Preparation and Assessment of Need.
2.7 Personal Adviser
A Personal Adviser is the person appointed to work in relation to the Relevant child or Former Relevant child following completion of the Pathway Plan, and will occupy a key role in providing support to the young person in preparation and transition to independence after he or she ceases to be a LAC.
The Personal Adviser could be the Local Authority Social Worker or the Leaving care Worker dependant on the level of need, and will hold a pivotal role (where applicable) in the assessment, planning and review of services as set out in the Pathway Plan, and will co-ordinate with other agencies as necessary.
Where accommodation is provided to a young person by the responsible authority under Section 23B or Section 24B, of the Children Act 1989, the Personal Adviser must visit the Relevant child or Former Relevant child at that accommodation:
- Within 7 days of the accommodation first being provided;
- Subsequently, before the Pathway Plan is reviewed; and
- At subsequent intervals of not more than two months.
The extent to which the Personal Adviser becomes the main source of advice and support to the young person will vary according to individual circumstances.
See Section 9, Personal Advisers.
2.8 Pathway Plan
The Pathway Plan replaces the Care Plan. The Pathway Plan is finalised between the young person reaching his or her 16th Birthday and within no later than 3 months of this age, or becoming eligible and must be formally agreed at the LAC review nearest to the 16th Birthday.
The Pathway Plan sets out the ambitions and route to the future for young people leaving care and will state how their needs will be met in their path to independence. The plan will continue to be implemented and reviewed after they leave care at least until they are 21; and up to 24 if in education.
2.9 Pathway Planning for those Aged 21 and up to their 25th Birthday
The local authority is required to offer all care leavers a Personal Adviser Service up to their 25th birthday and apply the corporate parenting principles when continuing support is agreed or requested. In Lincolnshire, this is identified as the 21+ Service. The young person can return to leaving care at any time and access the support that is available to them.
However, the duty at this stage of a young adult's life is seen as different from the age 18 - 20 in that it enables the local authority to offer support to some individuals who may need continuing support in the transition process. The level of support and intervention will vary considerably; many at this stage of their lives will not require, or want, ongoing help and will not have a Pathway Plan. However, for others:
There may be multiple issues which will require a Pathway Plan being fully completed and regular contacts, planning/co-ordinating meetings with partner agencies, etc.
Care leavers may have single or specific issues where they require support and guidance, e.g.
- Pregnancy or becoming a parent;
- Release from custody;
- Mental health issues;
- Risk of homelessness;
- Debt, including rent arrears;
- For advice or guidance on commencing education or training;
- For advice or support following experience of domestic or sexual violence/abuse.
Where care leavers require support with single or specific complex issues, the Pathway Plan should be completed only in the relevant part that reflects the issues being dealt with.
3. Corporate Parenting and Expectations
3.1 Expectations
The aim of the Leaving Care Services is to support care leavers so that they can live successful independent lives. Each care leaver will reach that point at a different age and there should be no assumption that all care leavers will require statutory support until up to age 25.
Although each young person will be different, it would be expected that support for care leavers will taper away over time, in recognition of their growing maturity and independence:
- For care leavers aged 16 and 17, the local authority is under an absolute duty to accommodate them, which does not apply once the young person reaches age 18;
- For care leavers aged 18 and up to 21, there is a proactive duty on the local authority to keep in touch with care leavers (section 23C(2) of the Children Act 1989 Act), which does not apply to care leavers aged 21 or over, irrespective of whether those young people are already entitled to support because they are in education or training, or those who are covered by the new duty. Although there is no requirement to proactively keep in touch with all young people aged over 21 up to age 25 throughout the year, the duty (under the Children and Social Work Act 2017) requires local authorities to make care leavers aware that they can continue to request Personal Adviser support as soon as possible after they turn 21; and on at least an annual basis thereafter. This applies regardless of whether a care leaver may have earlier declined the offer of Personal Adviser support. This requirement recognises that care leavers' circumstances may change and confirms that all care leavers are entitled to Personal Adviser support at any time up to age 25. Sending a birthday card to care leavers, for example, presents an ideal opportunity to remind the young person of their entitlement to Personal Adviser support if they need it, through to age 25;
- For care leavers aged 21 or over, the duties introduced through the Children and Social Work Act 2017 - to assess care leavers' needs, and develop and keep under review a Pathway Plan - apply only where the young person requests support.
3.2 Corporate Parenting
The corporate parenting principles apply only to local authorities Directors of Children's Services and Lead Members for Children should nevertheless ensure that relevant partners understand how they can assist local authorities and apply the principles in relation to the services those partners may provide. 'Relevant partners' include local policing bodies and Chief Officers of Police, local probation trusts and the National Probation Service, youth offending service, Integrated Care Boards, NHS England, schools and educational institutions.
3.2.1 Corporate Parenting Principles
The Children and Social Work Act 2017 set out seven principles for Corporate Parenting:
- To act in the best interests, and promote the physical and mental health and well-being, of those children and young people;
- To encourage those children and young people to express their views, wishes and feelings;
- To take into account the views, wishes and feelings of those children and young people;
- To help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;
- To promote high aspirations, and seek to secure the best outcomes, for those children and young people;
- For those children and young people to be safe, and for stability in their home lives, relationships and education or work; and
- To prepare those children and young people for adulthood and independent living.
3.3 Relationships and Participation
Care leavers should have positive, trusting and stable relationships with Personal Advisers, carers and other professionals. Professionals should be committed to protecting them, promoting their emotional health and well-being, acting in their best interests and helping them to understand what is happening in their lives; and be ambitious for young people’s futures and celebrate their achievements.
Care leavers should be supported to maintain relationships with people who are important to them (for example, family, friends, carers, former carers and professionals). They should have strong social networks that they can rely on when they need support, and that keep them from experiencing loneliness and isolation. These relationships and social networks should endure into adulthood.
Care leavers should have access to a range of social and recreational opportunities that help them to create and maintain supportive and positive relationships with people that are important to them and to feel a part of their community.
Professionals should create a culture where young people want to keep in touch. Social workers and/or Personal Advisers should be proactive in creating opportunities to engage with care leavers, including those who are not currently in regular contact with the local authority. The level of engagement with individual young people should reflect their known needs and preferences.
Care leavers should be helped to understand their rights, entitlements and responsibilities, including their right to independent advocacy that meets their needs. See Advocacy and Independent Visitors Procedure.
They should know how to give feedback or complain and understand what has happened as a result. Their complaints will be treated seriously and be responded to clearly, and urgent action taken and services improved when necessary. See Children's Services Complaints Procedure.
The local authority consults widely with care leavers and involves them in designing services. See Children's Consultation and Participation Procedure.
3.4 Health and Emotional Well-being
Care leavers should be in good physical and mental health or be being helped to improve their health though access to services that meet their needs. Practitioners should understand young people’s emotional well-being and mental health needs, including the potential impact of trauma and adverse life experiences. The local authority should work effectively with partners in the health sector to ensure that care leavers can access good physical and mental health services, including adult mental health services, when these are needed.
Care leavers should have access to and understand their full health history.
3.5 Safeguarding
Care leavers should be protected and helped to keep themselves safe from all forms of bullying, discrimination and harassment, such as homophobic behaviour, racism and stigma that they may encounter because they are care experienced.
Care leavers should feel safe. The local authority works effectively with its partners to respond to risks associated with young people offending, misusing drugs or alcohol, going missing or being sexually or criminally exploited. Young people should receive help to reduce the risk of harm or actual harm and be helped to understand how they can keep themselves safe.
4. Local Offer
All local authorities must publish up-to-date information about the services it offers for care leavers and other services which may assist care leavers in, or preparing for, adulthood and independent living. The local offer should cover health and well-being; relationships; education and training; employment; accommodation; participation in society. This information should also include how relevant services that can be accessed by its partner agencies and include District Councils where relevant.
Care leavers should be aware of and understand the local offer, which should be ambitious, clear and accessible. It should take account of the corporate parenting principles as set out above; set out how the local authority is delivering on young people’s statutory entitlements and be clear about what further discretionary support the local authority offers. The local offer should be clear about the help provided to young people with specific needs, such as unaccompanied asylum-seeking children, young parents and young people who have had contact with the criminal justice system.
The local authority should consult care leavers effectively on the local offer, and monitor how effective the local offer is at providing good experiences for young people and helping them to make progress. The local authority should review and update the offer regularly to ensure that it continues to meet young people’s needs.
Children’s services should work closely with other local authority departments and local partners to develop a multi-agency offer for care leavers that supports their overall well-being. The corporate parenting board should take ownership of the offer and monitor its effectiveness.
Please see Lincolnshire's Local Offer for Leaving Care.
5. Life Links Service
At age 15.9 years any young person looked after will be offered the Life Links Service to help them build a lifelong supportive network and progress to adulthood and independence. This offer will be made at each LAC Review and routinely by their Social Worker when revising the Pathway Plan. Consent will be sought from the young person for the referral to be made, however the young person at any point can have an informal discussion with a member of the Life links Team with any queries they may have.
5.1 Life Links Process
If the young person would like to access or find out more about the Life Links service, the Case Worker will make the request via MOSAIC and a Practitioner will be allocated within 48 Hours. The Practitioner will contact the young person to arrange a face to face meeting and explain the service and obtain consent to progress.
Direct work will be completed with the young person utilising family finder tools and skills, the Practitioner/young person will speak to the identified network and agrees the first meeting. The case worker attends the initial meeting to share information with the network.
The network might consist of friends, family, colleagues, professionals and any other supportive connection identified by the young person. Everyone will identify any unmet needs of the young person and agree who in the network is going to provide support going forward and progress to a meeting to develop the support plan. The young person and the network will continue to meet monthly (or as agreed) to review the plan and over coming months, the network will identify one of the group to facilitate review meetings going forward.
The Practitioner supports until the young person and network are confident that the plan is being implemented and sustainable. At this point the Practitioner will close involvement and leave the network to support the person into adulthood.
6. Preparation and Assessment of Need
Please refer to Appendix 1: DCS Decision S20 16-18 Year Olds Leaving Care Flowchart.
(See The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review).
All Young People - Eligible, Relevant or Former Relevant - must receive a multi-agency assessment of their needs as to the advice, assistance and support they will need when leaving the LAC service.
The young person's social worker will be responsible for coordinating the Pathway Plan Assessment.
6.1 Planned 16/17 year olds Leaving the LAC Service
Before deciding to cease to look after a young person (who has been in care for more than 20 working days) under S20 the Local Authority must:
- Carry out an assessment of the suitability of the proposed arrangements for the young person's accommodation and maintenance when the young person ceases to be looked after by them;
- Carry out an assessment of the services and support that the young person and where applicable the parent, might need when the responsible Authority ceases to look after the young person;
- Ensure that the young person's wishes and feelings have been ascertained and given due consideration; and
- Consider whether in all circumstances and taking into account any services and support the Authority intend to provide, that ceasing to look after the young person will safeguard and promote their welfare.
The Local Authority must include in the young person's care plan details of the advice, assistance and support that they intend to provide once the young person ceases to be looked after by them.
For young people where there is a plan for the young person to leave care; a Pathway Assessment is completed by age 16 years and replaces the care plan.
A Looked After Child Review will be held 28 days prior to the planned date of leaving the care of the Local Authority. Consideration should be given to inviting the Transition Social Worker to this review. The Director will need to have the Chair's report from the LAC review, an updated Pathway Plan with a copy of the DCS Decision Form (part completed) and these should be forwarded to the Safeguarding and Review Team in order for them to facilitate and co-ordinate the plan being approved initially by the Assistant Director and then the Director. This documentation must be forwarded to the Safeguarding and Team within 10 working days who will co-ordinate the process with the Assistant Director and Director.
The decision to cease 'looking after the child' will be approved by the Director by signing the 'DCS Decision – Young Person 16 to 18 Leaving Care Form' (located within the Forms/Resources section of the Children's Manual under 'Services to Children in Care – Leaving Care'). This will be returned to the Safeguarding and Review Team who will add a case note as to the decision and scan the DCS Decision form onto the child's electronic record. They will also inform the Social Worker and the IRO of the outcome.
The young person will remain in care under S20 until the Director approves the plan to leave care.
The young person's Social Worker will be responsible for updating the Pathway Plan. The young person will be provided with copies of the relevant documents including the updated Plan and Chair's report.
6.2 Unplanned 16/17 year olds Leaving the LAC Service
For young people where the placement end is unplanned; the young person will remain a looked after child under S20 until the Director has approved any plans for the young person to leave care. If the young person chooses to leave a regulated placement and/or requests that they are discharged from S20 care, the Social Worker will update the Pathway Plan and seek to arrange a LAC Review within 28 days. Consideration should be given to inviting the Transition Social Worker to this review.
The Director will need to have the Chair's report from the LAC review, an updated Pathway Plan with a copy of the DCS Decision Form (part completed) and these should be forwarded to the Safeguarding and Review Team in order for them to facilitate and co-ordinate the plan being approved initially by the Assistant Director and then the Director. This documentation must be forwarded to the Safeguarding and Team within 10 working days who will co-ordinate the process with the Assistant Director and Director.
The decision to cease 'looking after the child' will be approved by the Director by signing the 'DCS Decision – Young Person 16 to 18 Leaving Care Form' available from GEORGE Core Forms Ch - D. This will be returned to the Safeguarding and Review Team who will add a case note as to the decision and scan the DCS Decision Form onto the child's electronic record. They will also inform the Social Worker and the IRO of the outcome.
The young person will remain in care under S20 until the Director approves the plan to leave care.
The young person's Social Worker will be responsible for updating the Pathway Plan. The young person will be provided with copies of the relevant documents including the updated Assessment, Plan and Chair's report.
6.3 Conducting the Pathway Assessment
The timetable for completion of the Pathway Assessment must take account of any forthcoming exams and avoid disrupting the young person's preparation for them. The Pathway Assessment will commence when the young person is 15 years 9 months or as near as possible to this age and will be completed by their 16th Birthday.
N.B: If a young person comes into care after the age of 16, or has had a Child and Family Assessment competed within the last 6 months, (and therefore has an up to date Child and Family Assessment), there is no need to undertake the Pathway Assessment. If the young person comes into care after 16 then staff should recognise the most recent Child and Family Assessment and move straight to completing a Pathway Plan.
The young person's Care Plan together with information from the most recent Assessment will form the basis of the Pathway Assessment.
The young person's social worker will be responsible for completing the Pathway Assessment, recording the assessment information and conclusions as well as the outcome of any meetings held. The young person must be invited to any meetings held in connection with the assessment.
The Pathway Assessment should take account of the views of the following:- The young person;
- The parents;
- The current carer;
- The school/college and the education service;
- Any Independent Visitor;
- Any person providing health care or treatment for the young person;
- The Personal Adviser;
- Any other relevant person including, in the case of a young person with special needs, a representative from Adult Services;
- A care leaver's needs in relation to their status as a victim of trafficking or an unaccompanied asylum seeking child must be considered when the local authority is preparing an assessment of needs. Also, to require that, where a child is a victim of trafficking or an unaccompanied asylum seeking child, the local authority must consider whether their related needs are being met when reviewing the child's pathway plan. (See amended Care Leavers (England) Regulations 2010).
A decision not to include significant people must be recorded in the young person's file.
Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.
Where the young person refuses to engage in the assessment process, this should be recorded, together with any actions taken to ascertain the young person's views.
All parties should sign the Pathway Assessment. The young person should be provided with a copy in a format that is accessible to him or her at the earliest opportunity. The social worker is responsible for ensuring that the outcome of the assessment is explained to the young person.
Where the young person continues to be Looked After, the Pathway Plan should also include what arrangements have been made within the placement to support this plan.
When carrying out a Pathway Assessment, the local authority must determine whether it would be appropriate to provide advice, assistance and support to facilitate a Staying Put arrangement. Where they determine that it would be appropriate, and where the child and the local authority foster parent wish to make a Staying Put arrangement, then the local authority must provide such advice, assistance and support to facilitate a Staying Put arrangement. For further information see the Staying Put Procedure.
For further information see Appendix 2: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children.
7. Pathway Plan
The young person's Social Worker will work on the Pathway Plan with the young person, and others involved with the young person. The first Pathway Plan must be formally agreed at the Children in Care Review nearest the 16th Birthday.
Each young person will be central to drawing up their own Pathway Plan setting the goals and identifying how the local authority will help meet them, including any services being provided in respect of the young person's disability or needs arising from being in custody or as a result of entering the country as an unaccompanied asylum seeker. It should be written in a way that meets the needs of the young person, capturing their aspirations and key messages. Young people with particular language or communication needs should be provided throughout the process with appropriate interpretation, translation or advocacy support.
UASC and young people should be asked (as they may not be able to read in their own language) if they would prefer a copy of their Pathway Plan in their first language or in English.
The Pathway Plan must clearly identify the roles of each person who has a part to play in supporting the care leaver.
The Plan should also include:
- The plan for the young person's continuing education or training when he/she ceases to be looked after - where the young person is no longer of statutory school age, the Pathway Plan may need to incorporate the goals and actions that were previously included in the EPEP;
- How the Responsible Local Authority will assist the young person in obtaining employment or other purposeful activity or occupation, taking into account his/her aspirations, skills and educational potential to improve their chance of employability;
- The financial support to be provided to enable the young person to meet accommodation and maintenance costs; taking into account his/her financial capabilities and money-management capacity, along with strategies to develop skills in this area;
- The nature and level of contact and personal support to be provided, and by whom, to the young person;
- Details of the accommodation the young person is to occupy (including an assessment of its suitability in the light of the young person's needs, and details of the considerations taken into account in assessing that suitability);
- Details of the arrangements made by the Responsible Local Authority to meet the young person's needs in relation to their identity, with particular regard to their religious persuasion, racial origin and cultural and linguistic background.
The Pathway Plan must address in particular:
- The young person's health and development building on the information included in the young person's Education, Health and Care Plan;
- Education, training and employment. The Personal Education Plan (PEP) should continue to be maintained while the young person continues to receive full or part-time education. Information within the PEP will feed directly into the Pathway Plan. Pathway Plans must have an explicit focus on career planning, taking into account the young person's aspirations, skills, and educational potential;
- Contact with the young person's parents, wider family including siblings and friends and the capacity of this network to encourage the young person and enable them to make a positive transition to adulthood;
- The young person's financial capabilities and money management capacity, along with strategies to develop the young person's skills in this area;
- Where relevant, immigration status should be included as a separate section on Pathway Plans. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate time. Each young person's personal deadline for converting Pre Settled into Settled Status is unique to them and contained in a digital format – it is important therefore that this is recorded and monitored by the local authority. Plans should contain clear information about what action needs to be taken by whom and when.
The meeting where the Pathway Plan is formally agreed will identify the responsibilities for implementing the Plan. In the case of an Eligible Young Person, the social worker will retain lead responsibility for progressing the Plan. In the case of a Relevant or Former Relevant Young Person, the Personal Adviser will have lead responsibility, the Transitional Social Worker will continue to oversee the Plan and the plan will continue to be reviewed.
The Pathway Plan should be recorded on the Pathway Plan pro forma and cross-referenced as appropriate to other plans in operation including the, Personal Education Plan, Health Care Plan. There is no need to duplicate the complementary plans but copies of relevant parts should be kept with the Pathway Plan.
The Pathway Plan must identify contingency arrangements that will come into effect to support the young person if, for whatever reason, the planned arrangements are not realised.
The Social Worker must contact all relevant individuals or agencies so that they are aware of their role within the Plan and to ensure it will be implemented effectively.
These may include:
- Family members or friends;
- Foster carers or residential staff;
- The education service, for example the named significant adult for education;
- The school;
- The Youth Offending Service;
- Housing providers;
- Health organisations;
- Voluntary organisations including activity or interest groups with whom the young person is involved.
Where a transfer from Children's to Adult Services will be required, the Plan should specify who has responsibility for giving notice to Adult Services and liaising with them to ensure a smooth transition.
The Social Work Qualified Team (Leaving Care) should approve and sign the Pathway Plan.
All requests for finance for young people must be recorded and notified to the Team Manager. Arrangements for payment to the young person will not be set up unless the correct internal procedures are followed.
On completion and approval of the Pathway Plan, all parties involved including the young person should sign it.
The Social Worker will provide the young person with a copy of the most up to date Pathway Plan and ensure that the contents are explained. A copy of the Plan will be kept on the young person's records.
Where agencies are contributing to the delivery of an individual young person's Pathway Plan they should be provided with a copy of the relevant extract from the Plan relating to their contribution.
Information from the Pathway Plan should not be shared with other agencies or individuals without the young person's consent.
8. Reviews of Pathway Plans
A review of the Pathway Plan should take place at six monthly intervals for as long as it stays in force.
Should the need arise, either because the Plan needs amending or at the young person's request, a review of the Plan can take place without waiting for a scheduled review.
The review will check whether the goals and milestones remain appropriate and that they are being met, and whether levels of support are adequate and being delivered.
For an Eligible Young Person, the date for the first review of the Pathway Plan will be set to coincide with the young person's next Looked After Review after the Pathway Plan has been drawn up.
For a Relevant Young Person, the date for the first review will, if possible, be set at the last Looked After Review before the young person ceases to be looked after and in any case within six months of becoming a relevant young person.
For a Former Relevant Young Person, the date for the first review will take place within six months of the young person's 18th birthday.
Whilst the young person is Eligible his or her Independent Reviewing Officer will chair reviews or support the young person to chair.
The review immediately prior to the young person's 18th birthday will agree how future reviews will be conducted, including whether they will involve face to face meetings, and this will be recorded by the Chairperson. In all cases, even when no formal review meetings are held, the Team Manager of the Leaving Care Service will retain a monitoring role, at six monthly intervals, to check the progress of the Pathway Plan.
Other participants at reviews should include the young person, Personal Adviser, the social worker (if the case is still allocated) and any other significant person.
The young person's expenses (travelling and subsistence) in attending the review will be met by the local authority.
For young people who are accommodated in an Intensive Needs Supported Accommodation (INSA) Placement, following the review closest to their 17 1/2 year a 'Young Person in an INSA Placement Prior to Transferring to Leaving Care' decision form must be completed and signed by the Assistant Director – Children's Services within 10 working days of the Review meeting. The form can be located on within the Forms/Resources section of the Children's Manual under 'Services to Children in Care – Leaving Care'.
If the Relevant Young Person or Former Relevant Young Person moves to supported accommodation, the Local Authority must:
- Arrange a review 28 days (or as soon as practicable thereafter) from the time the accommodation is provided; and
- Determine at what intervals (not exceeding six months) subsequent reviews will be carried out;
- Reviews should be brought forward where there is an assessed risk that a crisis may develop in a young person's life, for example:
- Where a young person has been charged with an offence and there is a possibility of their being sentenced to custody, which will risk losing their accommodation;
- Where a young person is at risk of being evicted from his or her accommodation or otherwise threatened with homelessness;
- Where professionals are concerned about the parenting capacity of a 'Relevant' or 'Former Relevant' young person with there being a possibility that their own child may need to be the subject of a multi-agency safeguarding plan;
- Where a young person requests a review.
Matters to which the Local Authority is to have regard in determining suitability of accommodation (under Schedule 2 to The Care Leavers Regulations 2010) and Schedule 6 of The Care Planning, Placement and Case Review Regulations 2010).
- In respect of the accommodation:
- The facilities and services provided;
- The state of repair;
- The safety;
- The location;
- The support;
- The tenancy status; and
- The financial commitments involved for the relevant young person and their affordability.
- In respect of the Relevant young person:
- Their views about the accommodation;
- Their understanding of their rights and responsibilities in relation to the accommodation; and
- Their understanding of funding arrangements.
It is good practice for a review to be held within 28 days of any change in the care leaver's accommodation.
Where a Relevant or Former Relevant Young Person enters custody, pathway planning must continue. The young person must be visited on a regular basis and it is good practice for the first visit to take place within ten working days. The role must not be fulfilled by a YOT worker. The Local Authority must liaise with the YOT or National Probation Service to support the young person emotionally, practically and financially while in custody. A review of the Pathway Plan should be carried out at least a month before the young person's release to give sufficient time to plan for their resettlement, including identifying suitable accommodation where the young person's placement had to be given up or has been lost and identifying who will collect the young person and the sources of support after his or her release.
The Personal Adviser is responsible for the production of the Review Report and the update of the Pathway Plan following the Review. For young people in Local Authority care the Pathway Plan will be updated by the Local Authority Social Worker.
The Review immediately prior to the young person's 18th birthday will agree how future reviews will be conducted, including whether they will involve face to face meetings, and this will be recorded by the Personal Adviser. In all cases, even when no formal review meetings are held, the Personal Adviser will retain a monitoring role, at six monthly intervals, to check the progress of the Pathway Plan.
In the event of a Relevant or Former Relevant Young Person breaking off contact and/or not engaging with the agreed support and advice being offered, a review of the Pathway Plan may take place by telephone, e-mail or letter, if agreed in advance by the Chairperson and the Personal Adviser. In these circumstances the Personal Adviser will attempt to negotiate a revised plan that is acceptable to all parties.
Where contact is lost, the emphasis of the Pathway Plan Review will switch to record how attempts will be made to re-establish contact and these efforts will be reviewed within the established system.
A route back for the young person to seek support in the future should be kept open and communicated, for example by sending birthday cards and appropriate festive greetings, and ensuring that the young person receives any circulated information about services or events in which they may have an interest.
Where a Pathway Plan is amended as a result of a review, the Personal Adviser will amend the Plan. Any necessary approval to the amended financial arrangements will be sought from the Designated Manager (Leaving Care).
Once the changes are approved, the Personal Adviser will send a copy of the amended Plan to the young person, the Chairperson and the Designated Manager.
9. Personal Advisers
Care leavers should have enough time to develop a trusting relationship with their Personal Adviser before they leave care. Personal Advisers should know young people well and be well-informed about young people’s plans for the future, their progress and their well-being.
Personal advisers should help young people to access services that meet their needs. The Personal Adviser for relevant and former relevant acts as the young person's principal source of contact in any matter relating to the Pathway Plan and is accountable for the effective implementation of the Plan.
The Personal Adviser will ensure the co-ordination of other agencies and individuals identified in the Pathway Plan.
It is the role of the Personal Adviser to keep in touch with the young person and to remain informed as to the young person's progress. The Personal Adviser must maintain a written record of their contacts with the young person, monitoring the effectiveness of services in preparing the young person for a time when they will move to greater independence or when they cease to be looked after.
When a care leaver moves to new accommodation, and the accommodation is unregulated / comes under Section 23B and 24B of the Children Act 1989, the Personal Adviser must see them at that accommodation:
- Within 7 days of the accommodation being provided;
- Subsequently before the Pathway Plan is reviewed (see Section 7, Reviews of Pathway Plans);
- At subsequent intervals of not more than 2 months.
Effective organisational support is provided for the training and professional development of Personal Advisers.
On each visit, the Personal Adviser must consider whether the accommodation continues to be suitable for the young person.
The Personal Adviser will take responsibility for initiating the review of the Pathway Plan and for recording its outcomes.
When allocating a Personal Adviser to an individual young person, consideration must be given to the wishes of the young person and to issues of gender, race, religion, linguistics, disabilities and equal opportunities. The assessment of need and a judgment as to who is most appropriate to fulfil the role of Personal Adviser will influence the choice and allocation of worker.
Care leavers under the age of 25 who wish to take up a programme of education or training will have an entitlement to resume support from a Personal Adviser previously responsible for their leaving care support.
10. Education, Training and Employment and Health
10.1 Planning for Education, Training and Careers
The local authority should support care leavers to be ambitious and aspirational about their education and employment choices. Young people should know what assistance is available to help them find education and employment, and they should receive good careers advice that helps them to make decisions about their future. Young people should be encouraged and supported to continue their education and training, or to return to education and training at a time that is right for them.
Care leavers should make progress in employment, education or training that they enjoy, which meets their needs and interests and helps them achieve their potential.
The local authority should work closely with partners, education providers, the virtual school and local businesses to secure a range of employment, education and training opportunities for care leavers, including work experience, apprenticeships and further and higher education.
Care leavers must be provided with access to high quality information, advice and guidance to inform their plans in order to progress into continuing education, training or employment. How this will be met should be included in the Pathway Plan. They should be offered work experience and other opportunities to allow them to test their career aspirations and needs. Career planning tools should be used to inform Pathway Plans.
Placement arrangements for young people considering attending university, from their 18th birthday to the point they commence higher education courses, must be addressed and agreed well in advance of their 18th birthday. Plans need to be made for the vacation breaks. The local authority should not move a young person participating in a course of education during the academic year after their 18th birthday.
10.2 Care Leavers Continuing in Education
Where young people are continuing with an education or training course beyond their 21st birthday, the practical and financial support being provided must continue to be set out in their Pathway Plan.
Pathway Plans must set out accommodation arrangements, including financial arrangements during term time, short vacations and the long summer vacation.
10.3 The 16-19 Bursary Fund and Higher Education Bursary
The 16-19 Bursary Fund helps 16-19 year olds continue in further education, where they might face financial barriers to participation such as the cost of transport, food or equipment. Young people in the defined group include those in care and care leavers. See the Education and Skills Funding Agency: 16 to 19 education: financial support for students.
The Higher Education Bursary is for care leavers in higher education.
10.4 Young People Resuming Education or Training After 21
Young people previously eligible for leaving care services resuming programmes of education or training after the age of 21 are entitled to continuing support from a Personal Adviser.
The definition of a programme of education or training must be interpreted broadly. For example, this might include options such as: completion of a basic skills course, so that the young person has the numeracy and literacy skills needed to compete in the jobs market; take up of a course of further education; take up of a university place; support to enable the young person to complete a recognised postgraduate qualification; or participation in vocational training and apprenticeships.
Where a care leaver requests this support, an assessment should be made to assess the appropriateness of the education or training course and how it will help them to achieve their ambitions. The leaving care team should meet with the young person and, based on the assessment of their needs and the suitability of the course, assign a Personal Adviser to participate in the preparation of a Pathway Plan. The plan should reflect the agreed educational outcomes for the young person and the type of support the young person will require. This assessment should draw on the information about the young person's skills and capabilities which will have been set out in Pathway Plan up to age 21. The extent of practical and financial assistance provided will depend on the assessment of the young person's needs and will reflect the type of course, whether it is full or part time and the young person's existing income.
All care leavers (including those who live out of authority) should be made aware of their entitlement to a Personal Adviser up to the age of 24 if they wish to return to education and training, including by the provision of information (e.g. a letter or leaflet) on how to get in touch in the future. It should be explained to them that they will be supported to overcome difficulties so that they can return to education or training up to the age of 24 if this is their wish. In particular, all young people who are not in education, employment, or training (NEET) should be encouraged to take up this offer of support.
This entitlement to resume the pathway planning process and a support relationship with a Personal Adviser starts from the time the young person informs the local authority of their intention to resume their education or training and ends with the completion of the course. This may include the need for continuing assistance where young people seek support to complete a series of education/training opportunities. Young people do not need to have decided what education or training they would like to pursue. In such cases, the Personal Adviser should help the young person identify the options best suited to them.
Care leavers will need support and guidance to help them think about and plan their return to education or training, consider all aspects such as financial support and impact on housing or benefits. The re-instated Pathway Plan must have a specific focus on the support that the care leaver will need to be able to meet the education or training goals agreed.
10.5 Care Leavers Prepaid Prescription Scheme
Please refer to:
- Care Leavers Prepaid Prescription Scheme - Information Sheet for Staff;
- Prepayment Prescription for Care Leavers Application Form.
Prescription Charges for Care Leavers
Care Leavers in Lincolnshire will be eligible for free prescriptions up to the age of 25. Many of these young people do not have access to funds from extended family, supporting them with daily living costs; the additional cost of a prescription may cause further financial hardship and may result in the prescription not being collected and health needs not being met.
The current list of those exempt from prescription charges does not include care leavers.
Those who are exempt are listed below:
- Aged 16 – 18 in full time education;
- Who have a medical condition for which all prescriptions are free;
- On a low income;
- Who are (or are the partner of someone) in receipt of certain benefits including Income Support, Jobseeker’s Allowance, Employment and Support Allowance, Universal Credit or Tax Credit;
- Who meet the NHS Low Income Scheme Requirements;
- Young people not in employment, education, or training.
Implementation:
Leaving Care Workers/ Leaving Care Service in Lincolnshire will play a key role is assisting care leavers to identify whether they are already entitled to free prescriptions and supporting in the completion of the relevant application form.
If the care leaver is exempt from prescription charges, because of a reason listed above, the free prescription should be obtained by applying for the appropriate exemption e.g., HC2 certificate (Check if you're eligible for help | NHSBSA). If the young person is eligible for free prescriptions under one of the national criteria, they may be exempt from other charges, such as dental treatment charges.
For those not entitled under the current list of exemptions, Leaving Care Workers can support care leavers to obtain a prepayment prescription certificate via NHS Lincolnshire ICB using the following process:
Care Leaver Prescription Process for Lincolnshire
Click here to view the Care Leaver Prescription Process for Lincolnshire.
11. Qualifying Young People
The young person's Personal Adviser will provide support, advice and assistance to Qualifying Young People and make efforts to engage and to keep in touch with them,
The support offered, which could be financial, will focus upon helping the young person to manage and cope in the community and to manage the transition to adulthood. Attempts will be made to ensure that they are able to access suitable accommodation and maintain social and family links.
Where necessary, in addition to support, practical help should be offered to the young person. This could include helping to acquire basic living skills and consideration of health needs and choices. Where necessary, links will be made with other services and assistance can be provided when he or she has to have contact with other agencies. Advice and support should also be offered in relation to employment, training and educational opportunities.
Where a Qualifying Young Person accesses education, or training, financial assistance, this will be possible to the age of 24. This will ensure that he or she is able to take advantage of the opportunities being offered.
The young person's Personal Adviser should also help to identify, secure and pay for vacation accommodation, for those qualifying young people who have accessed higher education, or residential further education courses.
Approval for the provision of such financial support must be sought by the young person's social worker by making a written request to the relevant manager.
The request should specify the type of financial support sought, the reason for the request and the total cost involved.
12. Where Care Leavers Live or Move to a Different Local Authority Area
Where a care leaver resides in a different local authority area, the local authority must seek to ensure that a service is provided that is commensurate with the service which he or she would receive if he or she had remained resident in the area. Care leavers who live away from their ‘home’ local authority should have access to education and health services that meet their needs as soon as they move outside of their ‘home’ area.
Whenever possible, plans for movement of care leavers to a different local authority area must be discussed and the level of service provision agreed with the host authority concerned prior to the move taking place.
All care leavers should be advised on how to access care leavers' services if they move to a different local authority area and need assistance. The advice provided should be in written form.
With young people moving to other authorities, a discussion and joint meeting between the respective Leaving Care Teams must be arranged.
Arrangements for young people to stay connected to their ‘home’ local authority should address any relevant safeguarding risks.
13. Staying Put
A Staying Put arrangement is where a young person who has been living in foster care remains in the former foster home after the age of 18.
For a young person living in foster care, the first Looked After Review following his or her 16th birthday should consider whether a Staying Put arrangement should be an option.
For further information see the Staying Put Procedure.
14. Referral to Leaving Care Service
Transitions Standards
Good quality preparation for transition is key to supporting young people to independence.
The following allocation standards and flowchart are designed to support staff and managers in navigating the process of transition to leaving care, and to put into place a set of standards around the minimum we should expect to support good transition:
- Transitions to Leaving Care - Allocation Standards;
- Transitions to Leaving Care Standards - Flowchart.
Referral to the leaving care service with Barnardo's is at 17yrs old via MOSAIC attaching the 3 consent forms. These can be located within the Forms/Resources section of the Children's Manual under 'Services to Children in Care – Leaving Care'.
- Referral to Leaving Care – Informed Consent Form;
- Referral to Leaving Care – Letter of Authority;
- Referral to Leaving Care – Privacy Notice Consent Form.
When setting up a Care Leavers early claim for Universal Credit (28 days prior to 18th Birthday) social workers must notify the DWP via the following emails: matthew.hall1@dwp.gov.uk or graham.metcalfe@dwp.gov.uk at 17.9 years that they will be making a claim. By informing the DWP of the young person's name, DOB and intention to set up a claim will ensure a smooth process for the young person when making the early claim.
15. Access to Records
Care leavers should be aware that they are entitled to see their records, be able to access their case records quickly and easily and be supported to do this. Their records should be clear and provide a comprehensive record of important life events. The local authority should help young people to understand their histories and experiences, including why they were in care, and to have a clear sense of who they are.
For information on access to records by care leavers, see Access to Records Procedure, Applications by Care Leavers.
Appendices
Appendix 1: DCS Decision S20 16-18 Year Olds Leaving Care Flowchart
Appendix 2: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children
Further Information
Legislation, Statutory Guidance and Government Non-Statutory Guidance
Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG)