Developing Services for Young People Leaving Care in

Hertfordshire

Hertfordshire County Council

Children, Schools and Families

STAYING PUT POLICY

2011-2012

DRAFT ONE

NOT FOR DISTRIBUTION

JOHN SHORT

5th April 2011

Introduction

The Care Matters initiative, the Children and Young Persons Act 2008 and the Planning Transition for Care Leavers 2010 require each local authority to have a “Staying Put” Policy that sets out arrangements where-by the authority will promote the extension of foster care placements beyond a young person’s eighteenth birthday. The Government’s Department for Education is currently running a number of pilot schemes in England to assess the feasibility of assisting young people to remain in former foster care arrangements. The pilot schemes will be evaluated during 2011. Hertfordshire County Council is committed to preventing social exclusion amongst care leavers and has developed the following policy in order to ensure that ‘disabled’ young people,‘vulnerable’ care leavers and those in education receive continued support. The following policy builds on initiatives being explored by the Government’s Department for Education feasibility schemes.

The policy sets out the conditions required to extend a former fostering arrangement beyond a young person’s eighteenth birthday, the associated financial implications, the social care requirements associated with extending former fostering arrangements and the consequential Income Tax, National Insurance and Welfare Benefit issues.

From the age of eighteen young people are no longer legally in ‘Care’ and therefore fostering arrangements no longer apply. Following a young person’s eighteenth birthday, the legal basis on which they occupy the property (former foster care home) changes and they become an ‘excluded licensee’ who is affectively lodging in the “Staying Put” carer/s home. Whilst the term ‘excluded licensee’ is a legal one, it should not denote that the young person will be treated differently than they were as a fostered child.

The associated change from foster child to adult member of the household, and for the carer from foster carer to landlord (“Staying Put” carer), should be carefully and sensitively planned in order to ensure that both young people and the carer/s understand the nature of the arrangement and that the positive aspects of being in foster care are not diminished by the new legal and financial arrangements and terminology.

The Staying Put policy has also been developed to address the requirements of the Fostering Service (England) Regulations 2011 and related Guidance and the National Minimum Standards (NMS) for Fostering Services (2011). Chapter 3, Para 3.125, Page 34 of the Fostering Service (England) Regulations 2011 sets out a requirement that each local authority has a Staying Put policy and Standard 12.4, Page 26 of the National Minimum Standards sets out the service standard relating to the local authorities’ Staying Put policy.

Extending Placements - Procedure

The Leaving Care Assessment of Need undertaken at the age of fifteen and three quarters should identify the timescale required for young people to move to independence and should be used as the framework for beginning to explore the following issues:

  1. Is it likely that the young person will fit the criteria for “Staying Put” when they reach their 18th birthday;
  2. Does the young person and the foster carer/s understand the criteria for, and associated procedures for extending a foster placement into a “Staying Put” arrangement;
  3. Does the young person understand their financial and benefit responsibilities associated with remaining in a “Staying Put” arrangement;
  4. Does the foster carer/s understand the changes in their funding arrangements associated with a “Staying Put” arrangement;
  5. Does the foster carer/s understand the impact of a “Staying Put” arrangement on their welfare benefit income and on their Income Tax And National Insurance responsibilities and liabilities;
  6. What is the parallel plan for the young person should the “Staying Put” arrangement not be viable.

To ensure sufficient time is available to make the necessary planning arrangements for extending a placement beyond a young person’s eighteenth birthday,a professionals meeting should take place as part of the Leaving Care Assessment of Need, this meeting should take place immediately prior to the young person’s sixteenth birthday. The “Staying Put” meeting should includethe foster carer/s, supervising social worker and leaving care social worker/personal adviser and should establish the viability and likelihood of a “Staying Put” arrangement occurring. The meeting should identify all key tasks and roles and responsibilities related to extending the former fostering arrangement. The meeting should explore the impact on the foster carers’ financial circumstances should the placement continue after the young person’s eighteenth birthday.

The “Staying Put” professionals meeting should be repeated when the young person reaches the age of seventeen and a half and should ensure any final arrangements and requirements are in place by the young person’s -eighteenth birthday. The outcome of this meeting should form the basis of the report presented to the Hertfordshire Access to Resources Panel (H.A.R.P.) who are responsible for any decision regarding extending a former fostering arrangement.

All meetings should make reference to the criteria and financial framework for extending the “Staying Put” arrangement and the National Insurance, Income Tax and Welfare Benefits issues for the foster carer/s and Welfare Benefit issues for the young person. The outcome of these meetings should be discussed at the subsequent looked after statutory review.

All requests for extending a placement post eighteen must be presented to the Hertfordshire Access to Resources Panel (H.A.R.P.).

“Staying Put”

Section One – Education, Vulnerability and Planned Move-On

The primary aim of “Staying Put” is to promote a gradual transition from care to adulthood and independent living that recognises that many young people in care experience delayed maturity, and that their 18th birthday may be an arbitrary and inappropriate point to leave foster care. Therefore, the following policy is designed to ensure young people do not experience a sudden disruption to their living arrangements, that educational achievement and continuity is promoted and that ‘vulnerable’ young people can make a gradual transition from care to independence.

Group One – “Staying Put” - Education

Young people can continue to remain with their former foster carer/s to complete an education or training course for up to two years.

Criteria:

  1. The education or training course must be full time;
  2. The extension applies to the course or level of the course that the young person is undertaking on their 18th birthday, for example,
  • if a young person is 18 in March, and is undertaking the second year of a two year course the extension would apply until the course is completed in July of the same year (the year of their 18th birthday);
  • if the young person is 18 in March and is undertaking the first year of a two year course, the extension would apply until the July following their 19th birthday;
  • The extension applies to the level of the GNVQ and NVQ course that the young person is undertaking on their 18th birthday, i.e. until the young person completes the level being undertaken on their 18th birthday or for two years, whichever comes first;
  • The extension ceases at the point a young person leaves a course or chooses to transfer to another course;
  1. Where a young person completes an A level or equivalent courses in July and is commencing a university course in the following September/October the education extension will apply until the start of the university course.
  2. Where a young person completes an A level or equivalent courses in July and is not undertaking a university courses the education extension will apply for one month following the end of the course.
  3. Information about the young person’s education or training course, including the course start and finish dates should be presented to the Hertfordshire Access to Resources Panel (HARP) when the young person reaches the age of seventeen and six months.

Group Two – “Staying Put” - Vulnerability

Young people can remain with their former foster carer due to issues of ‘vulnerability’ for up to one year.

Criteria:

  1. The young person is displaying significantly delayed maturity and extreme difficulties regarding preparing for independence and making the transition to independent living. It is recognised that the concept of ‘vulnerability’ is vague and subjective and assessing the level of a young person’s ‘vulnerability’ is extremely difficult. The following guidance and information should be used to inform the Hertfordshire Access to Resources Panel Report which needs to be presented to the Panel when the young person reaches the age of seventeen and a half;
  1. The report for the Hertfordshire Access to Resources Panel should focus on the level of the young persons ‘vulnerability’ and explain why this has occurred, what has been undertaken to assist the young person with the development of: practical, relationship, emotional and resilience skills and how these will be enhanced by the young person remaining in their former fostering arrangement. The report should also include information about what support will be provided to increase the young person’s ability to develop independent living skills and their ability to establish and maintain either, a benefit claim, or an education, training or employment activity. The report should identify all forms of support and their role;
  1. In addition, and where a young person is being referred to a Health and Community Service, or Community Mental Health Team Service the report should also address any of the following issues:
  • Learning difficulties;
  • Physical disabilities;
  • Communication difficulties;
  • Special Education Needs;
  • Risk taking behaviour, exploitation and self harm;
  • Mental health issues;
  • Emotional and physical development;
  • Substance misuse.

Group Three – “Staying Put” - Planned Move-on

Young people who are actively bidding for local authority (housing) tenancies can remain for up to 3 months beyond their 18th birthday, or until their tenancy is allocated.

  1. The Actively Bidding Tenancy extension is available in circumstances where young people are registered on a housing authority waiting list by the age of 17.5 and are bidding on a ‘reasonable’ range of areas with the housing authority boundaries.
  2. The majority of housing authorities in Hertfordshire allow young people to bid and move to a social tenancy prior to their 18th birthday.
  3. The report for the Hertfordshire Access to Resources Panel should focus on the reason’s why the young person has not been able to bid prior to their 18th birthday and/or why they have not been successful when bidding.

Finance Issues

“Staying Put” Allowances – Education, Vulnerability and Planned Move-On

  1. The “Staying Put” former fostering arrangement - Hertfordshire Carers rate (applied from the young person’s 18th birthday) is:
  2. Level 2 - £405.09 per week minus £30.54 - 16 & 17 year old pocket money (£11.50) and clothing allowance rate (£19.04) Total Paid £374.55.
  3. Level 1 - £370.65 per week minus £30.54 - 16 & 17 year old pocket money (£11.50) and clothing allowance rate (£19.04) Total Paid £340.11.
  4. Kinship - £189.00 per week minus £30.54 - 16 & 17 year old pocket money (£11.50) and clothing allowance rate (£19.04) Total Paid £158.46.
  5. From the young person’s 18th birthday the pocket money (£11.50) and clothing allowance (£19.04) - £30.54 will cease to be paid to the foster carer and should be replaced by the young person’s welfare benefit claim.
  6. The level 1, 2 and Kinship rate cover all: accommodation, support, utilities and food costs.
  7. Staying Put carers will continue to receive the equivalent of 56 weeks allowance; one week for Christmas/Festival, one week Birthday and two weeks holiday.
  8. As set out above all young people are required to claim a personal benefit, or, replace the clothing and pocket money allowance by part-time earnings.
  9. All young people are required to claim housing benefit if their “Staying Put” carers are not claiming a means tested benefit. In situations where young people are working part-time, and do not claim a means tested personal benefit they will need to claim housing benefit. Earnings over £58.45 will result in a reduction of housing benefit which will need to be made up by a contribution by the young person
  10. Young people living in kinship placements with sisters and brothers who are formally approved as foster carers are not eligible to claim housing benefit on reaching their age of 18.
  11. Housing Benefit will be paid directly to the Fostering Finance Budget.

Section Two - “Staying Put” –– Disability

The following guidance applies to both Hertfordshire “Staying Put” carers where a young person is remaining post eighteen due to a disability and the young person has been assessed byHeath and Community Services to meet the Fair Access to Care criteria.

  1. The rate paid for “Staying Put” arrangements for disabled young people who have been assessed to meet the Heath and Community Services, Fair Access to Care Services [FACS] criteria will continue in line with their level 1, 2, Kinship Rate as set out above. Disabled young people are able to claim Employment and Support Allowance from their 16th birthday therefore the pocket money (£11.50) and clothing allowance (£19.04) - £30.54 will cease to be paid to the foster carer and should be replaced by the young person’s welfare benefit claim from their 16th birthday.
  1. Housing benefit should be claimed when the young person reaches the age of 18.
  1. The placement should be converted to a Health and Community Services Placement (formally Adult Care Services) when the young person’s education statement (SEND) ceases, at which point case and financial responsibility transfers to Health and Community Services. The (SEND) generally ceases at the end of school year 13, –generally between the young person’s 19th and 20th birthdays.
  1. Staying Put carers will continue to receive the equivalent of 56 weeks allowance; one week for Christmas/Festival, one week Birthday and two weeks holiday.
  1. Young people living in kinship placements with sisters and brothers who are formally approved as foster carers are not eligible to claim housing benefit on reaching their age of 18.
  1. Housing Benefit will be paid directly to the Fostering Finance Budget.
  1. The assessment undertaken by Guideposts (HCC Adult Placement Scheme) to convert the Staying Put carers to Adult Placement carers should commence approximately 6 months before the end of the young person’s SEND.

Independent Fostering Agency

Requests to extend young people placed in Independent Fostering Agency placements will be considered against the same criteria as Hertfordshire foster carer placements.

  1. Negotiations should commence with the IFA when a young person reaches the age of 16 regarding the rate to be paid after their 18th birthday.
  2. Benefit maximisation should take place in line with the above HCC foster carer policy, clothing and pocket money should cease at age16, or age 18 and housing benefit should be claimed at age 18.
  3. In circumstances where an IFA does not have an ‘Allowances Policy’ a deduction of £30.54 per week will be made when a child reaches the age of 18.
  4. In circumstances where a young person can claim housing benefit in an IFA, the housing benefit will be paid to Hertfordshire Independent Placements Budget. If, due to the placement being outside of Hertfordshire it is not possible to pay the housing benefit directly to Hertfordshire, it will be paid to the IFA or Staying Put carer and the rate paid to the IFA adjusted.

Where the IFA placement will be long term, an assessment and consideration should be given to transferring the carers to the Hertfordshire Fostering or Supported Lodgings Scheme.

Benefits for Young People

Young people remaining in a “Staying Put” arrangement can claim a means tested benefits for their personal needs from their eighteenth birthday. These benefits replace the Pocket Money and Clothing Allowance previously contained in the foster carers maintenance allowance. All of the following benefits can be claimed regardless of the circumstances of the young person’s former foster carer.

  1. Young people can claim Income Support under the ‘Relevant Education’ rules if they remain ‘estranged’ from their family and are undertaking a full time (over 12 hours) education or training course which is under the higher education level. (£53.45 2011-2012)
  1. Lone Parents can claim: Income Support until their child is 5 years old,Healthy Start Vouchers and a Sure Start Maternity Grant 11 weeks before the due birth date. From the birth of their baby they will also be eligible to claim Child Tax Credits and Child Benefit. (Eligible and Relevant lone parents aged 16 & 17 can also claim the above benefits, but only from the birth of their baby). £147.41 per week – 2011-2012.
  1. Employment and Support Allowance can be claimed in circumstances where young people are deemed ‘sick or disabled’. (If the young person fits the eligibility criteria this benefit can be claimed from their 16th birthday regardless of being section 20, or section 31, or living in foster care). (The Employment and Support Allowance rate commences at £53.45 2011-2012)
  1. Jobseekers Allowance where young people are registered as unemployed and are actively seeking employment. (£53.45 2011-2012)

Housing Benefit for Young People

  1. Wherever possible, all young people are expected to claim Housing Benefit from their 18th birthday which is paid directly to the Hertfordshire Fostering budget and is used to cover the accommodation element of the “Staying Put” arrangement.
  2. Young people living in a kinship “Staying Put” placement with a brother or sister who is their carer are not eligible to claim Housing Benefit.
  3. Young people who are living with “Staying Put” carers who are in receipt of a means tested benefit will not be expected to claim Housing Benefit.

Housing Benefit Guidance